SP470224Q0017 Combined Solicitation Synopsis.pdf

Subpart 12.6—Streamlined Procedures for Evaluation and Solicitation for Commercial Items

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

This solicitation, SP4702-24-Q-0017, is being issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03, effective 23 February 2024. This procurement is full and open competition in accordance with (IAW) the Federal Acquisition Regulation (FAR) 6.1. The NAICS code is 611430 and the small business size standard is $15,000,000.00. The following commercial services are requested in this solicitation:

Performance Work Statement, see attachment # 1

Contractor shall provide all items listed below. Contract line item numbers (CLINs) and quantities are as follows:

Section B, attachment # 2 CLIN 0001: Property Management Certification Course Instruction CLIN 0002: Travel

Material Code: U009-V00007706 Unit of Issue: Unit Quantity: 1 Period of Performance:

Estimated April 2024-September 2024

It is anticipated that a firm-fixed price purchase order will be awarded for the requested non-personal service as a result of this synopsis/solicitation. Award will be based on Technical Capability and Past Performance.

The following FAR and DFARS provisions and clauses are incorporated into this solicitation by reference:

C05 Changes to Key Personnel 52.242-17, Government Delay of Work 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7006, Wide Area Workflow Payment Instructions (see Attachment #3) 252.201-7000, Contracting Officer’s Representative 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.203-7005, Representation Relating to Compensation of Former DoD Officials 52.204-7, System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-20, Predecessor of Offeror(see attachment #3) 252.204-7003, Control of Government Personnel Work Product 252.204-7008, Compliance with Safeguard Covered Defense Information Controls (see attachment #3)

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (see attachment #3) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7014, Limitations on the Use or Disclosure of Information By Litigation Support Contractors 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment L06, Agency Protest 52.212-1, Instruction to Offerors – Commercial Items (see attachment #3) 52.212-2 Evaluation- Commercial Items (see attachment #3) 52.212-3 Offeror Representations and Certifications-Commercial Items (see attachment #3) 52.212-3 Offeror Representations and Certifications-Commercial Items, Alternate I (see attachment #3) 52.212-4 Contract Terms and Conditions- Commercial Items (see attachment #3) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (see attachment #3) G01 Additional Wide Area Workflow (WAWF) Information 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors 52.219-28, Post Award Small Business Program Rerepresentation (see attachment #3) 252.219-7000, Advancing Small Business Growth 52.222-21, Prohibition of Segregated Facilities M08, Section 508 Requirements 52.222-26, Equal Opportunity 52.232-39, Unenforceability of Unathorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 252.232-7010, Levis on Contract Payments 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 52.233-3, Protest After Award 52.233-9001, Dispute-Agreement to Use Alternate Dispute Resolution 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.243-1 Changes-Fixed Price-Alternate I 252.244-7000, Subcontracts for Commercial Products or Commercial Services 52.245-1, Government Property 252.245-7003, Contractor Property Management System Administration 252.245-7005, Management and Reporting of Government Property 52.252-1, Solicitation Provisions Incorporated by Reference 52.252-2, Clauses Incorporated by Reference 52.252-5, Authorized Deviations in Provisions 52.252-6, Authorized Deviations in Clauses.

52.253-1, Computer Generated Forms 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7020, NIST SP 800-171 DOD Assessment Requirements (see attachment #3) 252.204-7022, Expediting Contract Closeout 252.204-7024, Notice on the Use of the Supplier Performance Risk System 252.239-7098, Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network Is Designed to Block Access to Certain Websites – Representation (Deviation 2021-O0003) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided By Kaspersky Lab Covered Entities

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-27, Prohibition on a ByteDance Covered Application 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition 52.204-17, Ownership or Control of Offeror (see attachment #3) 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation (see attachment #3) 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation 252.204-7019 – Notice of NIST SP 800-171 DOD Assessment Requirements 252.209-7011, Representation for Restriction on the Use of Certain Institutions of Higher Education 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26, Covered Telecommunications Equipment or Services – Representation 52.204-29, Federal Acquisiton Supply Chain Security Act Orders – Representation and Disclosures

System of Award Management Requirement No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor’s Representations and Certification must be listed in the SAM database.

Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.

Note: There is no fee to register and use this site.

During the contract, the Contractor must always have an active status in SAM during the life of this contract. Invoices will be paid using the financial information provided in the Contractor’s SAM profile.

Failure to keep an active status may result in payment delays and other administration delays.

The following clauses are incorporated by full text. The full text is found in Attachment #2.

FAR 52.212-1, Instruction to Offerors – Commercial Items FAR 52.212-2 Evaluation- Commercial Items FAR 52.212-3 Offeror Representations and Certifications-Commercial Items FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Alternate I FAR 52.212-4 Contract Terms and Conditions- Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items FAR 52.252-2 Clauses Incorporated by Reference DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions DFARS 252.204-7008, Compliance with Safeguard Covered Defense Information Controls DFARS 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information FAR 52.204-20, Predecessor of Offeror FAR 52.219-28, Post-Award Small Business Program Rerepresentation DFARS 252.204-7020, NIST SP 800-171DoD Assessment Requirements FAR 52.204-17, Ownership or Control of Offeror DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation

DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7019, Notice of NISTSP 800-171 DoD Assessment Requirements FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation

Quotes are due by 3:00 p.m. (EST) time on 12 April, 2024.

Electronic proposals must be submitted via e-mail to Tyler Merkle at Howard.Merkle@dla.mil. Facsimile proposals will not be accepted. Questions regarding this solicitation may be directed to Tyler Merkle at Howard.Merkle@dla.mil no later than Thursday, 11 April, 2024 before 3:00 p.m..

Attachments:

# 1 - Performance Work Statement # 2 – Section B # 3- Full Text Provisions and Clauses

Bid MUST be good for 90 calendar days after close of Buy.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN AND ACCEPTANCE REQUIREMENTS

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Acceptance. Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications. Acceptance has occurred once all work and final payment on the task order has been Acceptance will not be made for segments broken by unacceptable portions of work.

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

PERFORMANCE WORK STATEMENT FOR DM-IP STAFF

PROPERTY MANAGEMENT TRAINING

DEFENSE LOGISTIC AGENCY HEADQUARTERS

FORT BELVIOR, VA 22060

SCOPE OF WORK:

The vendor shall provide property management training and property management Certified Professional Property Specialist (CPPS), Certified Professional Property Administrator (CPPA), and Certified Professional Property Manager (CPPM) evaluation and testing. The Training hours are from 8:30 am to 4:30 pm.

ADDITIONAL REQUIREMENTS:

The property management training and certification examination training shall consist of eight-days (not including weekends) of on-site property training presented by a Certified Instructor from the vendor. This training aims for the Division of Property & Real Estate Management (DM-IP) staff to understand better the internal policies and procedures coming from the Federal Management Regulation (FMR) and the General Services Administration (GSA).

The training vendor will offer the DM-IP staff the opportunity to gain a wealth of knowledge in property management and test their knowledge, experience, and skills in property management.

During the eight-day training, the DM-IP staff will be educated in various property management responsibilities: accountability and responsibility issues, buy vs. lease issues, property management regulatory compliance issues, value-added property management techniques, maintenance procedures, cost of ownership, and contract requirements.

The vendor must be accredited by the American National Standards Institute (ANSI) National Accreditation Board (ANAB).

• The CPPS level certification is fundamental and intended for those new to the property profession or working in a specific property area.

• The CPPA level certification is intermediate, intended for those with a CPPS certification and at least three years of experience in the property profession.

• The CPPM level certification is advanced, intended for those with a CPPA certification, at least six years of experience in the property profession, and at least four years of managerial experience.

Training Details, Vendor/DLA Responsibilities

• The training shall be taught on-site at the DLA HQs building located at 8725 John

J. Kingman, Fort Belvoir, VA 22060 for a period of 8 workdays.

• The training shall be conducted during DLA business hours.

• The vendor shall provide all the class book/examination materials, handouts, and training aids.

• The vendor shall keep a class attendance roster (sign-in sheet) to track DM-IP staff attendance at the training. The class attendance sheet shall be provided to the DM-IP Division of Personal & Real Estate Chief for attendance accountability. The DM-IP staff are only allowed to miss one day of the scheduled training to be still able to complete the whole training. If a DM-IP staff member misses one day or less from the training, the vendor shall work with the staff member to ensure the missing training is provided to allow the staff member to complete the whole training. Additionally, the vendor shall notify the DM-IP Division Chief of the DM-IP staff member being absent from the class.

• The vendor is responsible for providing the deliverables listed on SOW objectives and desirable results.

• The training cancellation may be initiated at no cost by either party (DLA or Vendor) 45 (forty-five) days before the cancellation requested date.

• DLA is responsible for providing the classroom, projector, and network connection capabilities and laptops for the class training and online exam testing. DLA will not be responsible for providing any training material.

Invoicing shall be accomplished through the Procurement Integrated Enterprise Environment (PIEE) website’s (https://piee.eb.mil/piee-landing/) Wide Area Workflow (WAWF) application.

Travel costs. All travel costs shall be submitted in accordance with the joint travel regulation to the contracting officer for review and approval in advance of any travel. Travel costs will be reimbursed through the designated travel CLIN in Section B of this solicitation.

Instructor Access to the DLA Headquarters (HQ) Building:

• The steps listed below will be followed for the identified instructor to gain access to the

DLA HQs as an unescorted visitor.

Step 1: The Contracting Officer’s Representative (COR) will provide the visitor with a link to the DBIDS pre-enrollment website (https://dbids- global-enroll.dmdc.mil/reenrolled/#/landing-page) and their work email/phone number.

Step 2: The instructor will go online not more than 30 days before their scheduled appointment and enter his/her personal information. At the end of the process, the instructor will receive a final confirmation page that lists a QR and a six-digit number code.

Step 3: The instructor will send a copy of confirmation (QR/#) to the COR.

Step 4: The COR will send a digitally signed email to VisitorAccess.HQDLA@dla.mil with a copy of the visit confirmation and the visit date.

Step 5: The sponsor will submit the instructor request five (5) business days before the visit.

Step 6: During the visit, the instructor will take their state-issued photo identification, such as a Driver’s License, and visit confirmation print-out from DBIDS to the HQC VCC located just outside the complex’s Gate-1. The Visitor Desk will verify the instructor information in DBIDS and issue a paper visitor’s pass. The instructor will use this pass to enter the complex through the gate, park, and enter the building. The instructor must enter the Pod-4 or Pod-10 entrances and undergo security screening.

The vendor is responsible for arriving at the Visitor Center with enough time to open the classroom on the first-class date. The Visitor Center hours are from 0600 to 1430, Monday – Friday.

Instructor Requirements:

• Possess the following property management certifications: Certified Professional Property Management (CPPS) fundamental level certification, Certified Professional Property Administrator (CPPA) intermediate level certification, and Certified Professional Property Manager (CPPM) advanced level certification.

• Have the experience to manage thirteen (13) students in a classroom environment.

• Minimum of four (4) years of experience teaching Federal Government property management.

• Has property management advanced knowledge & experience in the Federal

Government.

• Must have taught the class within the last four years.

• Must arrive on site at least one hour prior to class start time.

• Must open classroom at least 30 minutes prior to class start time.

• Be able to teach a diverse audience (e.g., supervisor, non-supervisor) and property management specialist staff members.

Training Environment and Objectives:

• The training environment shall be based on lecture information, discussion, hands-on classroom exercises, problem-solving, and examination of taught material.

• Certification of completion shall be provided by the vendor following successful completion of the training examination.

• The following topics shall be covered and taught during the class: Acquisition Ownership; Responsibility; and Accountability Audits; Physical Inventory Consumption; Property Accounting (financial) Contracts and Agreements Closure;

Receiving Disposition and Retirement Records; Environmental Considerations Reporting; Identification Risk Management; Import/Export Control Screening and Excessing Inventory Management Storage; and Warehousing Maintenance Utilization Movement and Transfers Valuation.

• The training objective is for the DM-IP property staff to gain a wealth of knowledge in property management and can test their knowledge, experience, and skills in property management during the training.

Class Schedule:

• Class hours will be from 8:30 am to 4:30 pm during work business days.

• The lunch Breaks will be from 12 pm to 12:45 pm for a total of 45 (forty-five) minutes lunch break. Additionally, there will be a 15 (fifteen) minute break from 10 am to 10:15 and 2:30 pm to 2:45 pm, allowing staff to use the restroom, etc.

Evaluation factors for the Vendor are as follows:

• Provide all the class book/examination materials, handouts, and training aids.

• Submit proof of American National Accreditation Board (ANAB) certification after the contract award.

• Provide one Project Manager as the primary contact for all contractual matters.

• Provide the DM-IP staff the requested property management training at the DLA HQs building in Lorton, VA.

• Must have a qualified instructor who meets the instructor requirements listed in the SOW.

• Property Management Training past performance record.

• Provide the DM-IP staff the requested property management training at the DLA HQs building in Lorton, VA.

• Must have a qualified instructor who meets the instructor requirements listed in the SOW.

• Property Management Training past performance record.

Travel:

All travel related expenses (per diem, airfare, transportation etc.) will be evaluated at the time of task order award in accordance with the Federal Travel Regulations (FTR), prescribed by the General Services Administration for travel within the contiguous United States and as further set forth in FAR 31.205-46, “Travel Costs”.

SCOPE OF TRAVEL: The vendor is authorized to incur travel expenses solely for the purpose of fulfilling the requirements outlined in the contract. Travel may include, but is not limited to, transportation, lodging, meals, and incidental expenses directly related to the performance of the contracted services. Provide one Project Manager as the primary contact for all contractual matters.

ALLOWABLE EXPENSES: Allowable travel expenses include, but are not limited to:

• Airfare or other transportation costs

• Accommodation expenses

• Meals (reasonable and customary)

• Ground transportation (e.g., rental cars, taxis)

• Incidental expenses (e.g., internet, phone calls)

REIMBURSEMENT PROCESS:

The vendor shall submit detailed, itemized receipts for all incurred travel expenses to the DLA COR within 14 Days of the completion of the travel. The DLA will review and approve eligible expenses for reimbursement.

MAXIMUM REIMBURSABLE AMOUNT:

The total reimbursement for vendor travel under this CLIN shall not exceed $8000 without prior written approval from the DLA. Any expenses exceeding this limit must be pre-authorized in writing.

TRAVEL APPROVAL:

The vendor is required to obtain prior approval from the DLA for all travel plans. DLA reserves the right to deny reimbursement for any unauthorized travel expenses.

COMPLIANCE WITH POLICIES:

The vendor shall adhere to all applicable travel policies and guidelines established by the DLA. Failure to comply with these policies may result in the denial of reimbursement for incurred expenses.

CURRENCY AND TAXES:

All expenses shall be documented in the local currency of the incurred expense. The vendor is responsible for any applicable taxes, and these should be clearly identified in the submitted receipts.

REPORTING:

The vendor shall provide a comprehensive travel expense report along with the corresponding receipts to facilitate efficient and accurate reimbursement processing.

AUDIT AND VERIFICATION:

DLA reserves the right to audit and verify any or all travel expenses submitted by the vendor. In the event of discrepancies, the vendor may be required to provide additional documentation or repay any improperly reimbursed amounts.

Point of Contact: The designated POC for this class matters is Paul Ortiz, Chief of Property & Real Estate Division, phone# 571-767-0128, email: paul.ortiz@dla.mil.

mailto:paul.ortiz@dla.mil

SCOPE OF WORK:

ADDITIONAL REQUIREMENTS:

Training Details, Vendor/DLA Responsibilities

Instructor Requirements:

Training Environment and Objectives:

Class Schedule:

Evaluation factors for the Vendor are as follows:

Travel:

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE EXT PRICE

0001 U099-V00007706 1 UN** $ $

NOUN: Course Instruction

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Awardee shall perform course instruction IAW Performance Work Statement.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE EXT PRICE

0002 U099-V00007706 1 EST* UN** $ $

NOUN: Travel

PRICING TERMS: Firm Fixed Price, Not to Exceed

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Travel incurred for transportation and per diem (lodging, meals, and incidental expenses) shall be billed in accordance with Federal Acquisition Regulation (FAR) 31.205-46 and the Federal Travel Regulation (FTR). The contractor shall receive written authority from the Contracting Officer’s Representative (COR) prior to travel. Reference “Travel” section of the PWS.

The Government intended to create a Time and Material (T&M) CLIN for CLIN 0002 - Travel, however, the acquisition system, EProcurement, only allows the use of the contract pricing term, firm fixed price (FFP), and not cost. Therefore, it is the intention of the Government to create CLIN 0002 - Travel as a not-to-exceed, T&M CLIN.

Not to Exceed: $8000

*EST = Estimated.

**UN = Unit.

Atachment 3 Full Text Clauses and Provisions

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-52#FAR_52_212_3

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(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; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one.

The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services.

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

Technical capability to meet the Government Requirement

Price

Past Performance

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

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

Offeror Representations and Certifications—Commercial Products and Commercial Services (Feb 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

https://www.ecfr.gov/current/title-13/part-121

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern.