W564KV-21-R-0095 Combined Synopsis and Soicitation - ACS Community Information Specialist.pdf
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- W564KV-24-R-0095
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This document is a Combined Synopsis/Solicitation for a firm-fixed-price, non-personal service contract to provide Army Community Services (ACS) Community Information Specialist (CIS) services at Smith Barracks in Baumholder, Germany. The Government intends to issue the contract under the authority of FAR Part 12 and FAR Part 13.
The contract will require the CIS to perform all tasks defined in the Performance Work Statement (PWS) during government office hours at a government site. Stability and continuity of services are essential. The contract is between the Government and the Contractor, who may be the CIS directly or use employee(s)/subcontractor(s). The NAICS code for this requirement is 624190 - Other Individual and Family Services, with a $16M size standard. Offers are due by September 10, 2024 at 10:00 AM Berlin time. The Government will evaluate offers on the basis of technical, supplier performance risk, and price factors to award a single firm-fixed-price contract.
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W564KV-24-R-0095
Combined Synopsis/Solicitation
Army Community Service (ACS) Community Information Specialist (CIS) – Smith Barracks
1. This is a combined SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. It has a closing date of 10 September 2024, 1000 hours Berlin time, CEST (Central European Summer Time).
The Government intends to issue a Firm-Fixed-Price, non-personal service contract and to solicit the proposed services under the authority FAR Part 12 & FAR Part 13. The announcement constitutes the only solicitation;
proposals/quotations are being requested and a written solicitation will not be issued.
The NAICS code from this requirement is 624190 – Other Individual and Family Services, which has a size standard of $16M.
2. DESCRIPTION: This is a non-personal service(s) contract to provide services as an ACS CIS. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
Most of the services must be performed during government office hours at a government site. There must be an interrupted performance of all tasks defined within this PWS when the government facility is not closed. Stability and continuity of these services are essential. This contract is between the Government and the Contractor. The Contractor is the CIS who provides services. These services may be provided by a CIS Contractor (him/herself) or by employee(s)/sub-contractor(s) of the Contractor. CIS services are to be provided, not an individual. The terms used in this PWS: CIS and Contractor, are interchangeable.
You must review the Performance Work Statement (PWS) Army Community Service (ACS)
Community Information Specialist (CIS) Smith Barracks Delineating all responsibilities of the contract.
3. This Combined Synopsis/Solicitation incorporates provisions and clauses for commercial services.
4. Quotes shall be provided using the following CLIN structure below:
CLIN/ITEM # SERVICES QUANTITY
UNIT OF
MEASURE
UNIT
PRICE
TOTAL
PRICE
ACS CIS-Smith Barracks Base Year
FFP
Perform tasks of ACS Community Information Specialist-Baumholder according to the included PWS FOB: Destination PSC R699 12 M0NTHS
ACS CIS-Smith Barracks Opt Year-1
FFP
Perform tasks of ACS Community Information Specialist-Baumholder according to the included PWS FOB: Destination PSC R699 12 M0NTHS
ACS CIS-Smith Barracks Opt Year-2
FFP
Perform tasks of ACS Community Information Specialist-Baumholder according to the included PWS FOB: Destination PSC R699 12 M0NTHS
ACS CIS-Smith Barracks Opt Year-3
FFP
Perform tasks of ACS Community Information Specialist-Baumholder according to the included PWS FOB: Destination PSC R699 12 M0NTHS
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government
DELIVERY INFORMATION
CLAUSES INCORPORATED BY REFERENCE
52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.203-3 Gratuities APR 1984 52.203-1 2 Limitation on Payments to Influence Certain JUN 2020 Federal Transactions
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC/CAGE
POP 30-SEP-2024
TO 29-SEP-2025
N/A W6E6 SITE BHR
SMITH BARRACKS BLDG 8716
AULENBACHER STRASSE
55774 BAUMHOLDER DE
GERMANY
FOB: DESTINATION
W507MB
1001 POP 30-SEP-2025
TO 29-SEP-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W507MB
2001 POP 30-SEP-2026
TO 29-SEP-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W507MB
3001 POP 30-SEP-2027
TO 29-SEP-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W507MB
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-24 Representation Regarding Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain NOV 2021 Telecommunications and Video Surveillance Services or Equipment 52.204-29 Federal Acquisition Supply Chain Security Act DEC 2023 Orders-Representation and Disclosures 52.212-1 Instructions to Offerors-Commercial Products and SEP 2023 Commercial Services
CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1
INSTRUCTIONS FOR SUBMISSION OF OFFERS
1. The Government intends to award a Firm Fixed-Price (FFP) contract for this requirement based on lowest price, technically acceptable. Proposals which do not meet all the requirements listed in the “Performance Work Statement (PWS)” and the delivery requirements of this solicitation will be determined "Unacceptable" and shall not be considered for award.
2. Offerors shall include all documents and information in accordance with the instructions herein. Noncompliance with the RFP requirements may hamper the Government's ability to properly evaluate the offer and may result in elimination of the offer from further consideration for award. Offerors are cautioned to follow the instructions carefully and encouraged to present its best technical offer and prices in its initial submission, because the Government intends to evaluate Offers and award a contract without discussions. Offerors shall submit an offer that is self- sufficient and responds directly to the requirements of this solicitation. If an offeror believes that the requirements in these instructions contain an error, ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the Contracting Officer (KO) in writing with supporting rationale.
3. REQUIRED CLAUSES AND PROVISIONS: Offerors shall complete and submit with their offer, as appropriate, the following representations, certifications and clauses listed in full text within this solicitation.
i. Offerors shall complete FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, listed in full text within this solicitation.
Note:
a. Offerors shall complete only paragraph (b) of FAR 52.212-3 if the offeror has already completed the annual representations and certifications electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.
b. If the offeror has not completed the annual representations and certifications electronically in SAM, then the offeror shall complete paragraphs (c) through (v) of FAR 52.212-3
ii. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
iii. FAR 52.209-5, Certification Regarding Responsibility Matters
iv. FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation
v. DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services
vi. DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications
Equipment or Services – Representation
vii. DFARS 252.225-7020, Trade Agreements Certificate
viii. DFARS 252.229-7001, Alt. I, Tax Relief
4. For provisions completed by the offeror electronically as part of its annual representations and certifications, the contracting officer will consider that information instead of requiring the offeror to complete and submit those provisions.
5. For those provisions and clauses that have not been completed electronically, the offeror must submit them with their offer.
6. For the annual FAR and DFARS representations and certifications submitted electronically via the SAM website, the offeror verifies by submission its offer that those representations and certifications currently posted electronically that apply to this solicitation have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation, as of the date of its offer, and are incorporated in its offer by reference (see FAR 4.1201); except for the changes expressly identified in the offeror offer. Regarding any changes, the offeror represents that the new information is current, accurate, and complete as of the date of its offer and incorporated into it. Any changes provided by the offeror in its offer are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
7. All questions and correspondence shall be submitted in the ENGLISH language. All offers must be submitted in English. Offers that are sent in multiple emails must be numbered sequentially to include the total number of emails sent.
8. The offeror is responsible for ensuring the Government’s receipt of its offer. Late submissions may be accepted.
Block 8 of the solicitation provides the due date and time for Offers. Local time is Central European Summer Time
(CEST).
9. SYSTEM FOR AWARD MANAGEMENT (SAM): To be considered for award, prospective offeror shall be registered in SAM when submitting an offer or quotation (www.sam.gov).
10. SUBMISSION OF OFFERS SHALL BE VIA EMAIL TO THE FOLLOWING:
Ms. Anicia Poorcelan, Contract Specialist, anicia.l.poorcelan.civ@army.mil Ms. Judy Biboum, Contracting Officer, judy.i.biboum.civ@army.mil
11. QUESTIONS. Offerors shall submit any questions via email by 30 August 2024 to the following:
Ms. Anicia Poorcelan, Contract Specialist, anicia.l.poorcelan.civ@army.mil Ms. Judy Biboum, Contracting Officer, judy.i.biboum.civ@army.mil
Questions shall annotate a reference to the specific solicitation element to which they pertain.
12. PRICE SUBMISSION. The Government intends to award one contract from this solicitation. The offeror shall submit proposed prices that are consistent with and supports the line items as part of this solicitation.
13. SUBMISSION REQUIREMENTS. Refer to FAR 52.212-1(b) for additional submission instructions. Quotations submitted in response to this Combined Synopsis/Solicitation shall include the following:
a) Section I –
• Contains contractor data: company’s name, address, contact person & telephone number, CAGE Code, Federal Tax ID Code number, if applicable.
• If applicable, acknowledgement of all amendments.
• Price - quoted CLIN Price, the total price for all items, and the Period for Acceptance. The offeror should agree to hold the prices for 60 calendar days from the date specified for receipt.
Those offering a shorter period may be rejected as non‐responsive.
http://www.sam.gov/ mailto:anicia.l.poorcelan.civ@army.mil mailto:judy.i.biboum.civ@army.mil
b) Technical –
• Cover Letter
• Resume
• College/University transcripts
• Any appropriate certificates
• Copy of passport for Security Program
14. SECURITY PROGRAM:
i. Contractor personnel performing work under this contract must have a local background check, which includes FBI fingerprints, at the time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW with the Department Of Defense Contract Security Classification Specification (DD Form 254), which is currently accessible at the following link: http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf Due to this requirement, U.S.
citizens must have lived in the U.S. for three (3) of the past five (5) years or if a foreign national, must have lived in Germany for at least one year, in order to complete the background checks required to obtain a Common Access Card (CAC) to allow access to a government computer and the set-up of a government e-mail address to perform the services. The Contractor will obtain and maintain a CAC card for computer usage. The Contractor is responsible to complete all training and certification requirements to use the Government Local Area Network computer within ninety (90) working days of contract award.
ii. Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S.
and Host Nation Contractors. A Care National Agency Check and Inquiries (CNACI) and local background checks are mandatory for all who provide services under the Family Advocacy Program (FAP). The Contractor must successfully pass the background checks with no derogatory information regarding issues of spouse and child abuse. Pending background check results, the Contractor shall provide non-sensitive job-related functions such as class preparation, update static displays, and shadow FAP staff for non-sensitive classes/briefs.
15. SUPPLIER PERFORMANCE RISK. The offeror shall submit their Commercial and Government Entity (CAGE) code in Block 17a of the SF 1449. This CAGE code will be used by the Government to access Supplier Performance Risk information. The offeror shall also provide a national stock number (NSN), internet blog serial number (IBSN), universal product code (UPC), global standards (GS1), or manufacturer's CAGE (if different from the offeror CAGE) and part numbers of each end item contained in the offeror’s quote that the Government will use to query the Supplier Risk Performance System (SPRS) to assess price and item risk.
16. COMPLIANCE REVIEW. After receipt of Offers the Government will perform a compliance review of the offeror’s offer to determine the extent of compliance to the solicitation instructions. An offer may be rejected if the clauses and provisions are not completely and accurately filled in and submitted with the offeror’s offer as required by FAR 52.212-1 paragraph 3 “Required Clauses and Provisions” of this solicitation.
(End of Addendum)
CLAUSES INCORPORATED BY REFERENCE (cont.)
52.212-4 Contract Terms and Conditions-Commercial Products and NOV 2023 Commercial Services 52.214-34 Submission of Offers in the English Language APR 1991 52.217-8 Option to Extend Services NOV 1999 52.217-9 Option to Extend the Term of the Contract MAR 2000 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-22 Public Disclosure of Greenhouse Gas Emissions and DEC 2016 Reduction Goals-Representation 52.225-14 Inconsistency between English Version and Translation FEB 2000 of Contract 52.225-17 Evaluation of Foreign Currency Offers FEB 2000 52.225-25 Prohibition on Contracting With Entities Engaging in JUN 2020 Certain Activities or Transactions Relating to Iran- Representation and Certifications 52.228-3 Workers' Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes-Foreign Fixed-Price Contracts FEB 2013 52.229-11 Tax on Certain Foreign Procurements-Notice and JUN 2020 Representation 52.232-4 Payments under Transportation Contracts and APR 1984 Transportation-Related Services Contracts 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-18 Availability of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer-System for OCT 2018 Award Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business MAR 2023 Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes-Fixed-Price AUG 1987 52.247-21 Contractor Liability for Personal Injury and/or APR 1984 Property Damage 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 52.252-2 Clauses Incorporated by Reference FEB 1998 52.252-6 Authorized Deviations in Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former SEP 2011 DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower DEC 2022 Rights 252.203-7005 Representation Relating to Compensation of Former SEP 2022 DoD Officials 252.204-7000 Disclosure of Information OCT 2016 252.204-7002 Payment for Contract Line or Subline Items Not APR 2020 Separately Priced 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance with Safeguarding Covered Defense OCT 2016 Information Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party JAN 2023 Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber MAY 2024 Incident Reporting (DEVIATION 2024-O0013 REVISION 1) 252.204-7015 Notice of Authorized Disclosure of Information JAN 2023 for Litigation Support 252.204-7016 Covered Defense Telecommunications Equipment DEC 2019 or Services-Representation 252.204-7017 Prohibition on the Acquisition of Covered MAY 2021 Defense Telecommunications Equipment or Services- Representation 252.204-7018 Prohibition on the Acquisition of Covered JAN 2023
Defense Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment NOV 2023 Requirements 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance MAR 2023 Risk System 252.209-7004 Subcontracting with Firms that are Owned or MAY 2019 Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022 252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7020 Trade Agreements Certificate NOV 2014 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection for Defense JUN 2015 Contractors Outside the United States 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations MAY 2022 with the Maduro Regime 252.225-7056 Prohibition Regarding Business Operations with JAN 2023 the Maduro Regime 252.225-7059 Prohibition on Certain Procurements from the JUN 2023 Xinjiang Uyghur Autonomous Region-Representation 252.225-7060 Prohibition on Certain Procurements from the JUN 2023 Xinjiang Uyghur Autonomous Region 252.229-7001 Tax Relief (Alternate I) APR 2020 252.232-7003 Electronic Submission of Payment Requests and DEC 2018 Receiving Reports 252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency MAY 2013 Operations 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by JAN 2023 Contractor Personnel 252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.237-7024 Notice of Continuation of Essential Contractor OCT 2010 Services 252.243-7001 Pricing of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or NOV 2023 Commercial Services 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)
As prescribed in 4.2105(a), insert the following provision:
https://www.acquisition.gov/far/4.2105#FAR_4_2105
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)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
(a) The Government will award one Firm-Fixed Price (FFP) contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation lowest price, technically acceptable (LPTA). The following factors shall be used to evaluate offers:
Factor 1 – Technical Factor 2 – Supplier Performance Risk System (SPRS) assessments Factor 3 – Price
Factor 1: Technical – The resume provided by Contractor for the CIS and Alternate CIS must demonstrate these special qualifications.
• The Contractor must be able to obtain a DoD ID card.
• Furthermore, the Contractor must be able to obtain favorable background checks within 30 days of contract award.
• The Contractor shall possess at least an Associate Degree or equivalent education/work experience.
• One (1) year of information and referral and/or one year of customer service experience may be substituted for education. In all cases the Contractor shall have a minimum of one-year experience in customer service.
• The contractor shall read, understand, speak and write English sufficiently to clearly communicate with and instruct colleagues, supervisors and clients.
• The Contractor shall possess good automation skills to include word processing.
• The Contractor shall be proficient in the use of application of common software programs and those in use at ACS, specifically Microsoft Word, Power point, Publisher, Outlook, SharePoint and Excel. Contractor shall possess the ability to present information orally and in written format.
• Strong customer service skills, time management and records management skills are required.
Factor 2: Supplier Performance Risk System (SPRS) assessments The Government will consider Risk in accordance with the provision at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System, as supplemented by this criteria. Supplier risk and Item risk will be considered under this factor using information contained in the SPRS. Price risk will be considered separately under the Price factor. Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of DFARS 252.204-7024. To be eligible for award, the offeror must be considered Acceptable under the below subfactor. An offeror deemed Unacceptable under the below subfactor will be deemed ineligible for award. Offerors without a risk assessment in SPRS shall be deemed Acceptable under this factor.
Using the SPRS Supplier Risk Report, Offerors will be rated based on the following definitions:
Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.
https://www.acquisition.gov/far/12.301#FAR_12_301
Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red, or Grey.
a) Supplier Performance Risk System Subfactor 1: Supplier Risk
SUPPLIER COLOR LEGEND
Blue: Top 5% Purple: Next 10% Green: Next 70% Yellow: Next 10% Red: Lowest 5% Gray: Excluded Black: No Score
Factor 3: Price –
The Government will evaluate the total evaluated price for each for award purposes by adding the total price for all contract line items within the requirement. The price shall include everything required to perform the service in accordance with the PWS. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base contract year. The Government may determine that an offer is unacceptable if the base contract period or option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300
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;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/52.204-25#FAR_52_204_25
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended. "Sensitive technology"—
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—
(1)
(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women
Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of https://www.ecfr.gov/current/title-13/part-121 the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it □ is, □ is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR
128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/node/31866/printable/print#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-124.1001
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Representations required to implement provisions…
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