Provisions and Clauses with PWS.pdf

W50S9C23Q0008

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020

Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.204-21 Basic Safeguarding of Covered Contractor Information NOV 2021

Systems 52.204-23 Prohibition on Contracting for Hardware, Software, and NOV 2021

Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting NOV 2021

With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax FEB 2016

Liability or a Felony Conviction under any Federal Law 52.212-3 (Dev) Offeror Representations and Certifications - Commercial DEC 2022

Products and Commercial Services (Deviation 2023-O0002) 52.212-4 Contract Terms and Conditions--Commercial Products and DEC 2022

Commercial Services 52.212-5 (Dev) Contract Terms and Conditions Required to Implement JUN 2023

Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021) 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020

While Driving 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain JUN 2020

Activities or Transactions Relating to Iran-- Representation and Certifications.

52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018

Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business MAR 2023

Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD SEP 2022

Officials 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016

Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber JAN 2023

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023

Support 252.204-7016 Covered Defense Telecommunications Equipment or Services DEC 2019

-- Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense MAY 2021

Telecommunications Equipment or Services -- Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023

Telecommunications Equipment or Services 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a DEC 2022

Country that is a State Sponsor of Terrorism 252.225-7055 Representation Regarding Business Operations with the MAY 2022

Maduro Regime 252.225-7056 Prohibition Regarding Business Operations with the Maduro JAN 2023

Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang JUN 2023

Uyghur Autonomous Region - Representation 252.225-7060 Prohibition on Certain Procurements from the Xinjiang JUN 2023

Uyghur Autonomous Region 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018

Reports 252.232-7010 Levies on Contract Payments DEC 2006

252.239-7098 (Dev) 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)

APR 2021

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to ALL CLINS.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 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

(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.

(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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(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 http://quicksearch.dla.mil/) http://quicksearch.dla.mil/) 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)

*** Addendum to FAR 52.212-1 ***

Instructions to Offerors: FAR provision 52.212-1, Instructions to Offerors Commercial, applies to this acquisition.

As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

1. QUOTE/SUBMISSION INSTRUCTIONS

1.1 Quotes in response to this solicitation must be submitted no later than 1:00 PM EDT on Tuesday 22 August 2023. Quotes must be submitted via email to the Points of Contact listed below:

- Contract Officer: MSgt Kristen Lucey; kristen.lucey.2@us.af.mil

- Contracting Specialist: MSgt James Yoshikawa; James.Yoshikawa@us.af.mil

Lateness rules for submitted quotes are outlined in FAR 52.212‐1 "Instructions to Offerors‐ Commercial Items”.

1.2 Quote Compliance. The Government must have received from the offeror a fully compliant quote. The quote is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation.

1.3 Quote Acceptance. FAR 52.212‐1(c) is hereby tailored for this solicitation: The contractor shall specify a quote acceptance period in the quote Summary of not less than 30 days from the date of the solicitation closing. This date may be extended by mutual agreement. The contractor shall make a clear statement in the quote as to the expiration date of the quote and the stated expiration date shall be valid for all proposed subcontractors as well.

1.4 Quote Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful quotes.

http://www.sam.gov/ http://www.sam.gov/ mailto:kristen.lucey.2@us.af.mil mailto:James.Yoshikawa@us.af.mil

1.5 Single Quote Submission. FAR 52.212-1 is herby tailored to removed subparagraph (e), which does not apply to this solicitation.

1.5.1 Offerors are limited to submitting one quote with one approach to meeting all requirement of this soliciation.

1.5.2 Quotes that contain alternative terms and conditions will be considered as taking exception to the requirements of the soliciation.

1.6 Vendor must be registered in the System for Award Management, and current through the contract period.

Reference your CAGE code when placing your bid. https://www.sam.gov/ Offerors must also complete the attached FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (FAR 52.204-24 (Aug 2020)).

2. QUOTE FORMAT

2.1. This section provides guidance to the offeror for preparing a quote in response to the solicitation. Failure to comply with instructions may result in an offer being excluded from consideration. The offeror’s quote shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

2.2. The terms of the quote may be submitted in the body of the submission email or as an email attachment in one of the following formats: a pdf or a Microsoft Word document compatible with MS Office 2016 or Microsoft 365.

The quote must not be password protected.

2.3. Minimum type size shall be 12 point Times New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

2.4. Offerors shall scan all files for computer viruses prior to submission to the Government.

2.5. Quotes may not included classified information.

3. QUOTE CONTENT AND ORGANIZATION

3.1 The quote shall contain all necessary product and price information for the offer to be evaluated on its face, without requiring reference to outside sources or use of links. Only sufficient information to permit a complete and accurate evaluation of the quote should be included.

3.2 The offeror shall prepare the quote as set forth in Table 1, Quote Organization Table and Table 2, Quote file Name Matrix. The completion and submission to the Government of documents identified in Table 1, Quote Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

3.3 The quote shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic quote. Any linked information that is not contained in the quote will not be accepted.

3.4 Each volume shall be written or presented on a standalone basis. Information required for quote evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the quote and will not be considered.

http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/

3.5 Pages that exceed the required page limitations set forth in Table 1, Quote Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 QUOTE ORGANIZATION TABLE

VOLUME SECTION TITLE COPIES PAGE LIMIT

Cover Letter – Not Evaluated Quote Summary – Not Evaluated Organizational Conflict of Interest (OCI) – Not Evaluated

1 – electronic

Unlimited

2 Factor 1: Technical Capability 1 – electronic 10 pages

3 Factor 2: Past Performance 1 – electronic 5 pages

4 Factor 3: Price Quote 1 – electronic Unlimited

3.6 All electronic files must be submitted using the filenames in Table 2, Quote File Name matrix, below.

TABLE 2 QUOTE FILE NAME MATRIX

Volume Volume Name File Name Contents

1 Quote Summary (Offeror Name) – Quote Summary Offeror’s Quote Summary

2 Technical Capability

(Offeror Name) – Technical Capability Offeror’s Technical Capability

3 Past Performance (Offeror Name) – Past Performance Offeror’s Past Performance

Price Quote

(Offeror Name) – Price Narrative.docx Offeror’s Price Narrative

(Offeror Name) – Price Quote.xlsx Offeror’s Price Quote Spreadsheet

4.0 Quote Documents

4.1 Quotes shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rationale to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s proposal in response to this solicitation, except as stated in the past performance evaluation section.

4.2 Quote Summary, Volume 1, shall include:

☐ Solicitation No. W50S9C‐23‐Q‐0008 ☐ Date submitted ☐ Offeror’s name ☐ Offeror’s address, Unique Entity Identifier number, and CAGE code. The government cannot award toa vendor who has not provided a CAGE code by the time of award.

☐ Offerors contact information for quote Point of Contact(s) (POC(s)) ☐ All proposed subcontractor(s) (as applicable), including address, CAGE code, and Unique Entity Identifier for each proposed subcontractor ☐ Quote Acceptance Period

☐ A copy of all completed fill‐ins for provisions and clauses (Representations and Certifications) below requiring contractor provided information, and (if applicable) a signed copy of all amendments to thesolicitation.

☐ Price

4.3 Technical Capability, Volume 2, shall include:

4.3.1 The Technical Capability section of the quote shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures. This section shall not include any pricing data.

The offeror’s quote information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

4.3.2 The offeror shall address how the offor will meet or exceed the following technical requirements:

- PWS Paragraph 5.1.1, Relocate any occupant to another room or other commercial facility, at no expense of the government or occupant, if utilities fail, other than an area-wide failure, for more than eight hours.

- PWS Paragraphs 5.2.1, Cleaning; Service and clean each unit before each new occupant in accordance with the Vermont Department of Health Licensed Lodging Establishment Codes paragraph 11.6.1 – 11.6.10.

- PWS Paragraphs 5.3.1- 5.23.2, Security; Maintain 24/7 security measures and have a responsible representative to be available 24/7 to address needs and/or requests.

4.4 Past Performance, Volume 3, shall include:

4.4.1 The offeror shall submit for a total of up to three recent and relevant past performance reference that demonstrates the Offeror’s ability to provide lodging for 100+ rooms per month . Recent contracts are those performed within three years of the date of issuance of this solicitation. Relevant contracts are those comparable in scope and magnitude of effort and complexity to the PWS requirements. These may include foreign, federal, state, local and private industry contracts.

For each contract(s) submitted, provide the following information:

- Prime Contractor name and address;

- Contract Number (and delivery/contract number if applicable);

- Contract Type;

- Total Value of the Contract (beginning & ending value);

- Delivery or Performance Schedule;

- Contract period of performance;

- Government or private industry contracting activity address, telephone number and e- mail;

- Procuring Contracting Officers (PCO) and/or Contract Specialist's name, or point of contact for privateindustry entity responsible for signing or administering the Contract, telephone number and e-mail;

- Provide a description of the work provided which describes similarity of work performed cited in the technical capability listed above in paragraph 4.3

4.4.2 The offeror may also be evaluated based on other internal Government or private source information. The Government may utilize the Contract Performance and Rating System (CPARS) to search for recent and relevant offeror performance and ratings. The offeror may provide a copy of its most recent CPARS evaluation, if applicable, showing the overall rating(s) for each of the past performance references provided in the quote.

4.4.3 The Government will conduct an in-depth evaluation of all recent performance information to determine how loosely the services performed under those contracts relate to the management and technical requirement(s).

Consideration will be given to similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, and schedule. In addition, consideration will be given to any quality awards or certifications that indicate the offeror has a high-quality process for developing and producing the services required by this acquisition.

4.4.4 While the Government may elect to consider data obtained from internal and external sources other than the quote, the burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance.

4.5 Pricing, Volume 4, shall include:

4.5.1 Attachment 1, RFQ Price Sheet. The sheet is pre-filled with the CLIN data. Offeror shall complete the unit price for each CLIN and the total.

4.5.2 Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are compatible with MS Excel 2016 or later or MS Word 2016 or later. BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a BOE may not be included as a picture. The offeror shall submit a narrative BOE to substantiate the price quote.

4.5.3 In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

5.0 Evaluation Factors for Award

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:

- Technical

- Past Performance

- Price

5.1 Basis for Award

The Government intends to award a single Firm-Fixed Price (FFP) contract as a result of this solicitation. Per FAR 9.103, the contract will be placed only with an offeror that the Contracting Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

When a offeror submitted the quote, the offeror must ensure that each section of the offeror’s quote shall be consistent and complete within the quote. The Government’s ability to evaluate a quote may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a quote may prevent the Government from evaluating a quote.

5.2 Evaluation of Factors

Technical Capability

Evaluation of this factor will assess the offeror’s proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with the related PWS paragraphs: Facility (PWS 5.1.1), Cleaning (PWS 5.2.1) and Security (PWS’s 5.3.1 and 5.3.2)

Past Performance

The evaluation of this factor will assess the risk of unsuccessful performance of the offeror’s proposed approach to performing efforts of a similar scope, magnitude, and complexity as the requirement described in the PWS. The Government will evaluate the offeror’s past performance to determine the likelihood that the offeror will successfully perform the required effort described in the PWS. Contracts submitted in the Past Performance section of the offeror's quote will not be considered if the Government determines them to be not recent, not relevant, or lacking any credible past performance information. If the offeror does not have a record of Recent and Relevant past performance information the offeror will be rated as "Neutral,” which is neither favorable nor unfavorable. The offeror may also be evaluated on past contract performance information utilizing internal Government or private source information and the Government reserves the right to use any information received as part of its evaluation.

The Government may contact any of the references the offeror provides and reserves the right to use any information received as part of its evaluation.

In evaluating the offeror's performance history, the Government may compare the offeror's deliveries or performance to the contract's original delivery or performance schedule, unless the delay was Government-caused.

Schedule extensions that were the fault of the offeror, even if consideration was provided, may be counted against the offeror.

Price

Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and are not unbalanced.

-Reasonableness. The Government will evaluate the price reasonableness of the offeror’s proposed prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business. The Government shall employ price analysis techniques in accordancewith FAR 13.106-3 to determine that a proposed price is fair and reasonable.

-Completeness. The Government reserves the right to conduct discussions with offerors, but discussions are not anticipated or intended. Since discussions are not anticipated or intended, the Government requirescomplete quotes with respect to price. A complete quote will include all information required by this solicitation.

-Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether quotes are unbalanced between line items, as well as unbalance between periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques. Unbalanced offers may be determined unacceptable.

(b)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), whetheror not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

National Guard Protest Procedures NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.

Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.

To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG

Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau Office of the Director of Acquisitions/ Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204

Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR clause 52.233-2.

NG Public-facing, general Protest information is found at: https://www.nationalguard.mil/Leadership/Joint- Staff/Special-Staff/Director-of-Acquisitions/ Directorate of Acquisitions information for the contracting enterprise is found at https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.aspx

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2023-O0002) (MAR 2023)

(a) Definitions. As used in this provision-

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 concern eligible under the WOSB Program.

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.

mailto:ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil http://www.nationalguard.mil/Leadership/Joint-http://www.nationalguard.mil/Leadership/Joint-

(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—

(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 the size standard in paragraph

(b) of this provision.

(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 124.1002, 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 $850,000 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.

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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS…