RFPSP4703-20-R-0002 06-02-20.pdf

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 1

This is a Request for Proposal (RFP) to obtain vendor support for Continuous Process Improvement (CPI) deployment, growth and sustainment at the Enterprise and organizational levels, and coaching and execution of CPI Projects at all levels. The support will be coordinated through the headquarters (HQ) of Defense Logistics Agency (DLA) Continuous Process Improvement (CPI) Program Management Office (PMO). The HQ CPI PMO is responsible for integrating performance improvement, structured problem solving, strategic planning, and progressive decision-making processes, while synchronizing performance improvement across the Agency. Therefore, the Government intends to improve the support delivered to the Agency and its customers, engage leadership, deliver on high-level/visibility projects, improve audit-ability readiness and sustainment, improve risk posture, and ensure organic resources and candidates are coached to develop a culture of problem solvers.

This RFP is issued as a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 15 Contracting by Negotiation and FAR 19.805-1 Competitive 8(a). This announcement constitutes the only solicitation; proposals are being requested, and a separate solicitation will not be issued. As a result of this combined synopsis/solicitation, a single indefinite delivery/indefinite quantity (IDIQ) award will be issued for these services.

The North American Industry Classification System (NAICS) Code is 541611. The small business size standard is $16,500,000.00. This acquisition is Competitive 8(a) set-aside.

In response to this RFP, the offeror shall prepare a detailed IDIQ proposal for meeting all stated requirements in the RFP and the attached PWS and comply with the following limitations and characteristics:

• Do not include marketing materials

• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)

• Submission shall be provided in electronic format (.pdf) format and submitted via email.

• The number of pages are limited per section. Please see Section 1.13.1 for the page limits.

• In accordance with FAR 3.104-4, mark material that may be source selection information. Source selection information shall be marked with the legend “FOUO- Source Selection Information – See FAR 2.101 and 3.104.” This includes the offeror’s cover page and EACH page that may contain source selection information.

DEFENSE LOGISTICS AGENCY (DLA)

CONTINUOUS PROCESS IMPROVEMENT (CPI)/LEAN SIX SIGMA (LSS) SUPPORT SERVICES

SECTION 1: REQUEST FOR PROPOSAL (RFP) SP4703-20-R-0002

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 2

RFP ORGANATION

The RFP is organized into the following sections:

Section B- Supplies or Services and Prices/Costs

Section C- Description/Specifications/Performance Work Statement(Please see attached PWS)

Section F- Deliverables or Performance

Section G- Contract Administration Data

Section I- Contract Clauses

Section J- List of Documents, Exhibits, and Other Attachments

Section L- Instructions

Section M- Evaluation Factors

It is projected that a single-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract will be awarded by the Defense Logistics Agency (DLA) Contracting Services Office- Fort Belvoir (DCSO- Fort Belvoir) under the terms and conditions of this solicitation. The base period is from September 26, 2020 – September 25, 2021 with four option years. The fourth option year will end 25 September 2025. The single-award IDIQ contract will be awarded using the Best Value /Trade- Off source selection process.

NOTE: The below CLINs 0001 through 4002 are for reference/future Task Order award purposes only. The Government does not expect the below boxes to be filled in when your IDIQ proposal is submitted.

Section B- Supplies or Services and Prices/Costs

12-Month Base Year Price

Schedule

CLIN Supplies/Services Qty Unit Unit Price

Ext.

Price

0001 IDIQ-Labor/Deliverables ( V00007588- Other Professional Services)

0002 Travel TBD

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 3

12-Month Option Year 1 Price Schedule

CLIN Supplies/Services Qty Unit Unit

Price Ext.

Price

1001 IDIQ-Labor/Deliverables ( V00007588-

1002 Travel TBD

12-Month Option Year 2 Price

CLIN Supplies/Services Qty Unit Unit Price

Ext.

Price

2001 IDIQ-Labor/Deliverables ( V00007588-

2002 Travel TBD

12-Month Option Year 3 Price

CLIN Supplies/Services Qty Unit Unit Price

Ext.

Price

3001 IDIQ-Labor/Deliverables ( V00007588-

3002 Travel TBD

12-Month Option Year 4 Price

CLIN Supplies/Services Qty Unit Unit Price

Ext.

Price

4001 IDIQ-Labor/Deliverables ( V00007588-

4002 Travel TBD

AUTHORITY

• This IDIQ is in accordance with Federal Acquisition Regulation (FAR) FAR 15 Contract by Negotiating Items and FAR 19.805-1 Competitive 8(a).

• Under FAR Clause 52.217-8, Option to Extend Services, the Government may require continued performance of services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of the expiration of Option Period four (4).

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 4

Section C – Description/Specifications/Performance Work Statement (Please see attached PWS)

DESCRIPTION OF AGREEMENT

1.1 Brief Description of the Requirement: The overarching scope of this contract is to obtain vendor support for Continuous Process Improvement (CPI) deployment, growth and sustainment at the Enterprise and organizational levels, and coaching and execution of CPI Projects at all levels. The support will be coordinated through the Defense Logistics Agency Continuous Process Improvement Program Management Office. The places of performances include DLA Headquarters McNamara Complex(Fort Belvoir, VA), DLA Aviation (Richmond, VA), DLA Land & Maritime (Columbus, Ohio), DLA Energy (Fort Belvoir, VA), DLA Troop Support (Philadelphia, PA), DLA Distribution (Susquehanna, PA), DLA Disposition Services (Battle Creek, MI), and any other DLA locations that may be required.

Locations will be specified in each individual task order. Please refer to section 2.6 Places of Performance in the Performance Work Statement (PWS). The performance of this contract will be accomplished through a Firm Fixed Price - Single Award Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

The Government’s objective is to competitively select one highly-qualified 8(a) vendor to perform the services identified in this Single-Award IDIQ contract. The successful offeror must be capable of providing exceptional support for the Agency and its customers, engage leadership, deliver on high-level/visibility projects, improve auditability readiness and sustainment, improve risk posture, and ensure organic resources and candidates are coached to develop a culture of problem solvers. Please refer to the PWS for additional information.

Responses to the solicitation are due no later than 3:00 PM EST, Friday June 12, 2020.

1.2 POST AWARD CONFERENCE/CONTRACT KICK-OFF MEETING: After award and prior to commencing work, the Contractor will meet with the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understandings on business related topics.

1.3 SPECIFIC INSTRUCTION FOR THE IDIQ “D” CONTRACT:

1.3.1 INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

(a) This is an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract for services that are not yet fully defined. The contract will be effective for the period stated in the schedule. Multiple task orders may be issued under this IDIQ contract on a Fixed Price basis. Labor Rates will be fixed as per the Offeror’s proposal. The contract consists of a five-year period of performance, one 12-month base year and four (4) 12- month option years.

(b) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders in accordance with FAR 52.216-18. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the PWS up to the contract stated maximum.

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 5

(c) Except for any limitation of quantities in FAR 52.216-19 or in the PWS, there is no limit on the number of task orders that may be issued.

(d) Any task order issued during the effective period of the IDIQ contract and not completed within that period shall be completed by the Contractor within the time period specified in the task order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that task order to the same extent as if the task order was completed during the contractor’s effective period.

1.3.2 FOR ISSUING INDEFINITE DELIVERY INDEFINITE QUANTITY TASK

ORDERS: Services furnished under this contract shall be furnished at such times as ordered by the issuance of task orders on a SF 1449 by the Contracting Officer. All orders issued hereunder are subject to the terms and conditions of this contract. The IDIQ contract shall control in the event of conflict with any task order.

1.3.3 FUNDING: The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract specifications, except for the minimum amount guaranteed.

1.3.4 WITHHOLDING: Withholding of payments may occur for fixed priced task orders if performance of services required are not at a satisfactory level as prescribed within Section 2.4.3 of the PWS, “Performance Standards and Payments.”

1.3.5 PRICING OF TASK ORDERS: Individual Task Orders will be issued as requirements arise and become known. Task Orders will specify work to be performed and will reflect the proposed or additional discounted labor rates for the recommended staff needed for successful completion of each task order(in accordance with the provisions contained in the IDIQ contract and the specific task order). The proposed labor rates will be included within the IDIQ contract. The Contractor shall perform all services in accordance with the task order performance work statement/specifications. The terms and conditions set forth in the IDIQ contract will always apply. All Task Orders will be fixed price.

1.3.6 LABOR RATES: The labor rates proposed, and therefore evaluated, shall be used by the Contractor as the ceiling labor rates when submitting price proposals in response to requests for task orders issued under this contract. The proposed labor rates of the successful awardee will be included as a separate table within the IDIQ contract. The contractor may propose for task orders at or below these labor rates, as each task order award will be negotiated on an individual basis.

1.3.7 Ordering/Request for Proposal Process Overview:

(a) After award of an IDIQ contract, individual task orders will be issued as needed.

(i) Email will be utilized to issue the Request for Proposal (RFPs) for the individual task orders and to evaluate the offer received.

(ii) Approved customer Performance Work Statement will be inserted into an RFP and forwarded (via email) to the successful offeror.

1.3.8 SPECIAL CONTRACT REQUIREMENTS: This is an Indefinite-

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 6

Delivery/Indefinite-Quantity (ID/IQ) contract which the Government plans to award Firm Fixed Price (FFP) task orders. The appropriate CLINS will be established for each individual task order. The guaranteed minimum for the total IDIQ contract is $10,000.00. (The contract minimum has been decreased only because the Government must award a task order for the minimum guarantee amount at time of award). The maximum total amount for all task orders shall not exceed $19M.

1.3.9 WORK CLASSIFICATION & MINIMUM WAGES: All work performed pursuant to this single IDIQ contract, firm-fixed price CLINs are subject to a Collective Bargaining Agreement.

1.3.10 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: (Insert employee’s name beside their Title/Position.)

Name Title / Position

One (1) Program Manager and Lean Six Sigma Master Black Belt

(MBB)

Seven (7) CPI Experts (e.g. Master Black Belt, Scrum Master, Lean Master, etc.)

Three (3) CPI Improvement Journeymen (e.g. Black Belt, Jonah, etc.) *A fourth CPI Improvement Journeyman’s may be required by the Government at some point during the term of this contract. If so, the Government will request the successful Contractor to provide the name, resume and other appropriate information for the Government to review and evaluate. The government will evaluate the proposed pricing of this fourth CPI Improvement Journeyman as part of the IDIQ award process.

(b) Substitutions after proposal submission are highly discouraged as the Government is making the award decision based on the information presented in each Offeror’s proposal. Therefore, the Government will be carefully evaluating any and all substitutions to make sure replacement personnel have the same or better qualifications / experience.

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 7

(c) During the first 120 calendar days of performance, the Contractor shall make no substitution of key personnel unless the substitution is necessitated by illness, death or termination of employment.

The Contractor shall notify the Contracting Officer within 24 hours after the occurrence of any of the above listed events and provide the information required by “(d)” below within 10 business days of the occurrence.

After the initial 120-calendar day period, the Contractor shall notify the Contracting Officer within 24 hours after the occurrence of any of the above listed and shall submit the information required by (d) (below) to the Contracting Officer within 12 business days upon discovery.

(d) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, including resume(s) for the proposed substitute(s), and any additional information requested by the Contracting Officer.

NO SUBSTITUTIONS may be made until the Contracting Officer has approved the substitution. Proposed substitutes should have similar or better qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 10 business days after receipt of all required information of the decision on proposed substitutions.

Section F – Deliveries or Performance

1.4 DELIVERIES AND PERFORMANCE

1.4.1 PLACE OF PERFORMANCE: Work will be performed on-site at one or more of the following:

DLA Headquarters McNamara Complex

8725 John J Kingman Road

Fort Belvoir, VA 22060

DLA Aviation

Richmond, VA

DLA Land & Maritime

Columbus, Ohio

DLA Energy

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 8

Fort Belvoir, VA

DLA Troop Support

Philadelphia, PA

DLA Distribution

Susquehanna, PA

DLA Disposition Services

Battle Creek, MI

Additional DLA Locations may be required and will be specified in each individual Task Order.

1.4.2 DELIVERABLES: The contractor shall provide reports and/or documentation to the COR within a specific period as indicated in section 2.4.4 Deliverables & Performance of the PWS. Deliverables for individual Task Orders will be defined under each the Task Order.

Section G – Contract Administration Data

1.5 CONTRACT ADMINISTRATION DATA

Primary Point of Contact: (Provide complete name, title, corporate address, electronic mail address and phone number)

Alternate Point of Contact:

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 9

• Are you a Large Business under NAICS Code 541611 (FAR PART 19.102) YES NO

• Are you a Small Business under NAICS Code 541611 (FAR PART 19.102) YES NO

• Are you a Small Business Administration certified Small Disadvantaged Business

(SDB) YES NO

• Are you a Woman-Owned Business? YES NO

• DUNS NUMBER:

• CAGE CODE:

1.6 Communication

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the contract and notwithstanding provisions contained elsewhere in the contract; the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authorization and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

(b) The name, address, and telephone number of the Contracting

Officer is: Bruce B. Stouffer, DCSO-FF Division Chief / Contracting Officer

DLA Contracting Service Office – Fort Belvoir VA 8725 John J. Kingman, Fort Belvoir, VA 22060 Telephone: (804) 279-

Email: bruce.stouffer@dla.mil

(c) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer or pursuant to specific authority otherwise included as a part of the contract.

(d) No order, statement or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with the Contractor’s personnel during the

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 10

performance of this contract shall constitute a change under the “Changes” clause of this contract.

1.7 Contracting Officer’s Representative (COR): The Contracting Officer’s Representative

(COR) will be assigned at the time of contract award.

1.8 PREVAILING TERMS AND CONDITIONS

All orders placed against this single IDIQ are subject to the terms and conditions of all clauses and provisions in full text or incorporated by reference herein.

1.9 TERM OF IDIQ

This IDIQ will expire on September 25, 2025, if all options are exercised. This IDIQ is not a contract. If the IDIQ holder fails to perform in a manner satisfactory to the Contracting Officer, appropriate action to cure performance and/or terminate the contract may be taken.

1.10 OBLIGATION OF FUNDS

This single IDIQ does not obligate funds. Funds will be obligated via Task Orders issued by the Contracting Officer.

1.11 AUTHORIZED USERS

DCSO-Fort Belvoir representing headquarters (HQ) Defense Logistics Agency (DLA) Continuous Process Improvement (CPI) Program Management Office (PMO) are the only users authorized to fund Task Orders under this IDIQ. Any authorized user shall only be allowed to issue an order under this IDIQ if funds are certified and the IDIQ awarding office's Task Order number is assigned. IDIQ holders shall not accept or perform any work in response to orders received from non-authorized users.

1.12 TASK ORDER MANAGEMENT

Once a funded Task Order has been placed by a Contracting Officer, the Contracting Officer Representative (COR) shall oversee the individual services provided under the Order and provide program management.

Proposals are due by Closing Date: 3:00 PM, Eastern Time June 12, 2020.

All questions and inquiries pertaining to this RFP must be submitted NLT 5:00 PM Eastern Time, May 19, 2020. Acceptable method of proposal and inquiry submission is e-mail.

Point of contact for this solicitation is Mr. Thomas J. Walsh at phone (804) 279-2311 and e-mail at Thomas.J.Walsh@dla.mil or Mr. Bruce B. Stouffer at phone (804) 279-2375 and e-mail at Bruce.Stouffer@dla.mil; Contracting Office Address: DLA Contracting Services Office, 8000 Jefferson Davis Highway, Richmond, VA 23297-5441.

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 11

Section I- Contract Clauses

Award without Discussions:

The Government intends to evaluate proposals and make an award without discussions. Proposals should contain the offeror’s best pricing and terms within the proposed technical and business approach, and should address all evaluation factors. However, the Government does reserve the right to conduct discussions and request proposal revisions if it is determined to be necessary and/or in the Government’s best interests. If a competitive range is established, the Government may limit the number of proposals in the competitive range to the smallest number that will permit an efficient competition among the most highly rated proposals.

No Award The Government reserves the right not to make an award as a result of this solicitation if such award is determined contrary to the best interest of the Government.

The following clauses are incorporated by reference for this requirement. For full text of the clauses, go to https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=1c8215280c142387dc07910aaa9c37b2&mc=true&tpl=/ecfrbrowse/Title48/4 8tab_02.tpl

FAR 52.202-2 Definitions of Words and Terms Provisions and Clauses (Nov 2013) FAR 52.203-3 Gratuities (Apr. 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-7 Anti-Kickback Procedures (May 2014)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

FAR 52.203-11

Certifications and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

FAR 52.203-18

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7 System for Award Management (Oct. 2016) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-13 System for Award Management Maintenance (Oct. 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) FAR 52.204-22 Alternative Line Item Proposal (Jan 2017)

FAR 52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 12

FAR 52.210-1 Market Research (Apr 2011) FAR 52.211-11 Liquidated Damages – Supplies Services, or Research and Development (Sep. 2000) FAR 52.212-1 Instructions to Offerors-Commercial Items (Oct. 2019) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

FAR 52.212-4

ALT I

Contract Terms and Conditions-Commercial Items (JAN 2017)

FAR 52.213-1 Fast Payment Procedure (May 2006) FAR 52.214-35 Submission of Offers in U.S. Currency (Apr. 1991) FAR 52.215-1 Instructions to Offerors- Competitive Acquisition (Jan 2017) FAR 52.215-1 Instructions to Offerors- Competitive Acquisition ALT I (Oct 1997) FAR 52.215-8 Order of Precedence- Uniform Contract Format (Oct. 1997) FAR 52.216-1 Type of Contract (Apr 1984) FAR 52.216-22 Indefinite Quantity (Oct 1995) FAR 52.216-24 Limitation of Government Liability (Apr 1984)

FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data (Oct 2010)

FAR 52.222-59 Compliance with Labor Laws FAR 52.222-60 Paycheck Transparency FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications (Aug 2018)

FAR 52.228-5 Insurance- Work on a Government Installation (Jan 1997) FAR 52.228-11 Pledges of Assets (Aug 2018) FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014) FAR 52.229-3 Federal, State and Local Taxes (Feb 2013) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-31 Invitation to Propose Financing Terms (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) FAR 52.233-2 Service of Protest (Sep 2006) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.245-1 Government Property(Jan 2017) FAR 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) FAR 52.247-27 Contract Not Affect by Oral Agreement (Apr 1984) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)(Apr 2012) FAR 52.249-4 Termination for Convenience of the Government (Services)(Short Form)(Apr 1984) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) FAR 52.252-3 Alterations in Solicitation (Apr 1984) FAR 52.252-4 Alterations in Contract (Apr 1984)

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 13

FAR 52.252-5 Authorized Deviations in Provisions (Apr 1984) FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

DFARS

252.201-7000

Contracting Officer’s Representative (Dec 1991)

252.203-7000

Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

252.203-7002

Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

252.203-7003

Agency Office of the Inspector General (Aug 2019)

252.203-7005

Representation Relating to Compensation of Former DoD Officials (Nov 2011)

252.204-7003

Control of Government Personnel Work Product (Apr 1992)

252.204-7008

Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting. (Oct 2016)

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

252.205-7000

Provision of Information to Cooperative Agreement Holders (Dec 1991)

252.209-7004

Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a Sate Sponsor of Terrorism (Oct 2015)

252.215-7013

Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2018)

252.223-7004

Drug-Free Work Force (Sep 1988)

252.223-7006

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014)

252.223-7008

Prohibition of Hexavalent Chromium (Jun 2013)

252.225-7012

Preference for Certain Domestic Commodities (Dec 2017)

225.225-7016

Restriction on Acquisition of Ball and Roller Bearings (Jun 2011)

225.225-7048

Export-Controlled Items (June 2013)

252.225-7050

Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (Dec 2018)

DFARS

252.225-7974

Representation Regarding Persons that have Business Operations with the Maduro Regime (Deviation 2020-O0005)

DFARS

252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019)

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7010

Levies on Contract Payments (Dec 2006)

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 14

252.237-7010

Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)

252.243-7002

Requests for Equitable Adjustment (Dec 2012)

252.244-7000

Subcontracts for Commercials Items (Jun 2013)

252.245-7002

Reporting Loss of Government Property (Deviation 2020-O0004)(February 2020)

FAR 52.204-17 Ownership or Control of Offeror (July 2016)

As prescribed in 4.1804(b), use the following provision:

(a) Definitions. As used in this provision—

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains the CAGE master file.

This type of code is known as a NATO CAGE (NCAGE) code.

“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.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code:

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 15

Immediate owner legal name: (Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:

Highest level owner legal name: (Do not use a “doing business as” name)

(End of provision)

FAR 52.204-20 – Predecessor of Offeror (July 2016)

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

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file.

This type of code is known as a NATO CAGE (NCAGE) code.

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

“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 that only changes its name. The extent of the responsibility of the successor for the

FOUO – SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 16

liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: . (Do not use a “doing business as” name).

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations—Representation. (Nov. 2015)

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

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

(c) Representation. The Offeror represents that—

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

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

(End of Provision)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

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

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil

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judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

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

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

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

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

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

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

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

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

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

(ii) The Offeror has ( ) has not ( ), within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

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

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

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

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

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

52.212-2 Evaluation- Commercial Items. (Oct 2014)

(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:

FACTOR 1 Technical Approach

FACTOR 2 Key Personnel

FACTOR 3 Management Approach

FACTOR 4 Past Performance

FACTOR 5 Total Price

The above evaluation factors are in descending order of importance.

All non-price evaluation factors (Technical, Key Personnel, Management Approach and Past Performance), when combined, are significantly more important than 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 base year 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). The Government may also evaluate the 6 month -8 option using the Option Year 4 pricing.

(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

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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 Items (MAR 2020)

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. 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.

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;

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(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.

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—

(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—

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

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(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 concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, 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 at 13 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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(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

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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 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.

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 least 51 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.

(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 Items, 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…