Amendment - W91248-22-Q-0018 U0001.pdf

0011826557

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to remove the small business set aside and allow large business competition due to lack of small busineess response.

This solicitation is extended from 21 Sept 2022 to 5:00 PM, 26 Sept 22 CST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9124822Q0018

X 9B. DATED (SEE ITEM 11)

21-Sep-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

U0001

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Sep-2022

CODE

MICC - FORT CAMPBELL

BLDG 6923 38TH AND DESERT STORM

FORT CAMPBELL KY 42223

W91248 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124822Q0018

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The required response date/time has changed from 21-Sep-2022 08:00 AM to 26-Sep-2022 05:00 PM.

The solicitation issue date has changed from 16-Sep-2022 to 21-Sep-2022.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

L.1 FAR 52.212-1 Addendum

L.1.1 FAR 52.212-1, paragraph (b), “Offer Instructions,” is changed to read:

The offeror’s proposal shall be submitted electronically by the date and time for receipt of offers indicated in the solicitation. These instructions prescribe the format for the quotation and describe the approach for the development and presentation of your information.

These instructions generally describe the type and extent of information you should provide and emphasize the significant areas you should address in your offer. It is imperative that the offeror completes all documents and provide all necessary documentation as required by this solicitation. Failure to follow these instructions may result in the Government not being able to properly evaluate your response. As a result, you may be removed from consideration for award.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluating and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall privet convincing rationale to address how the contractor intends to meet these requirements. The offeror shall assume that the Government has no prior knowledge of their experience and will base this evaluation on the information presented in the proposal.

Elaborate brochures or documentation, detailed artwork, or other embellishments are unnecessary and are not desired.

L.1.2 FAR 52.212-1, paragraph (c), “Period for acceptance of offers,” is changed to read:

Acceptance: The Government may accept an offer (or part of an offer) before the offeror’s specified expiration time, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. All offers shall be valid at least 90 days following the solicitation close date.

L.1.3 FAR 52.212-1, paragraph (e), “Multiple Offers,” is deleted in its entirety.

L.2 General

L.2.1 These instructions describe the type and extent of information required in your quote.

Specific areas which must be emphasized are identified in these instructions. Review the Addendum – Salient Characteristics in Section C for further insight into the areas that must be addressed within the quote.

L.2.2 The Government intends to make award without negotiations (except clarifications as described in FAR 15.306(a)). As such, the initial offer should contain your best terms. The Government reserves the right to make clarification or request revised responses if later determined by the Contracting Officer to be necessary. The Government may reject any or all responses if such action is in the public interest and/or waive informalities and minor irregularities in your submitted offer. By responding to this solicitation and submitting an offer in response, the offeror understands that the Government will not be liable for any cost incurred by the offeror in preparation of their response.

L.2.3 Solicitation Questions. The offeror may email questions regarding this solicitation to the Contract Specialist, Mr. Mark Reed, mark.j.reed.civ@army.mil, and Mr. Roger Ammons, roger.d.ammons.civ@army.mil. The Government is not obligated to provide responses to all questions submitted, but will consider them and incorporate changes if determined necessary by the Contracting Officer. The Offeror may submit questions up to two (2) days prior to the closing date established by the solicitation, or subsequent amendment.

L.2.4 System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. The offeror may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

L.3 Proposal Format and Content

L.3.1 The offeror’s quote shall consist of three (3) volumes as identified in paragraph L.3.5 below. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

L.3.2 The offeror is cautioned that “parroting” of the Technical requirements with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform.

An offeror’s submission shall provide convincing rationale to address how the offeror intends to meet the requirements of the solicitation. The offeror is responsible for including sufficient details to permit a complete and accurate evaluation of each offer.

Proprietary information shall be clearly marked.

L.3.3 Each volume shall be submitted as a separate electronic file. All of the proposal files shall be provided in their native format, i.e. doc, xls, ppt, etc. Files with signatures shall be in read-only format, using PDF files. All price breakdown information to aide in cost evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2010.

Self-extracting exe files are not acceptable.

L.3.4 Printing should be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or Times New Roman fonts are required. Tables and Illustrations may use a reduced font size no less than 8-point and may be landscape.

L.3.5 The following volumes of material shall be submitted:

Volume Title Digital Copies Maximum Pages

I – Technical 1 None II – Price 1 None III – Solicitation Documents 1 None IV – Small Business Participation 1 None

L.3.5.1 All information shall be confined to the appropriate file/volume. The offeror shall confine submissions to essential matters, sufficient to define the offer in a concise manner, to permit a complete and accurate evaluation of each offer. Each file of the offer shall consist of a Table of Contents and Narrative discussion. The Table of Contents and Cover Pages are not included in the page count. Proprietary information shall be clearly marked. Individual volumes are discussed in detail below.

L.4 Volume I – Technical

L.4.1 The offeror’s technical submission shall detail a sound and feasible approach to address all applicable requirements of the solicitation, Salient Characteristics, and associated attachments. It shall further demonstrate the offeror’s understanding of the requirement and the resources required for performance. The Technical factor is categorized as follows:

L.4.1.1 Ability to provide all components or equivalent in specified qualtities.

L.4.1.2 Ability to install all components at the Academy's building 104 at Rock Island Arsenal, Illinois 61299.

L.4.1.3 The contractor shall provide Virtual Battlespace 3 (VBS3) training. All contractor trainers will be certified to conduct the training and shall include the full capabilities of VBS3.

L.5 Volume II – Price L.5.1 The offeror shall complete the pricing schedule located in Section B. It shall be fully completed for all categories and all years found therein. The offeror shall not input any pricing on CLIN 0001 in Section B. The Section B pricing schedule contains all requisite pricing information.

L.5.2 The offeror shall provide a detailed cost element proposal by item for the pricing schedule located in Section B. It shall be submitted electronically in Microsoft Excel format, with working formulas, and prepared as detailed in FAR 15.408, Table 15-2, II Cost Elements. The offeror shall expand the cost detail to encompass the specific level necessary for the quote requirements.

Each element of cost shall be documented completely to show the basis and rationale used in arriving at the amount proposed.

L.5.3 The offeror’s cost proposal shall allow for traceability of each price in the pricing schedule.

L.5.4 The offeror shall provide the following data in a manner that will allow evaluation of proposed costs.

L.5.5.1 Documentation supporting the development of indirect expense rates (fringe, overhead, general and administrative). Required information includes:

L.5.5.2 All expense pool and cost base data shall be provided in an Excel file with notes supporting the development of the rates.

L.5.5.4 Documentation supporting the selection of any subcontractors. In accordance with FAR 52.244-5, this shall be competitive quotes.

L.6 Volume III – Solicitation Documents

L.6.1 The offeror shall submit original digital files only in response to the solicitation. Physical responses are not desired and will not be accepted. Submissions shall be sent to mark.j.reed.civ@mail.mil and roger.d.ammons.civ@army.mil.

L.6.2 The offer (SF1449) must show:

L.6.2.1 The solicitation number.

L.6.2.2 The name, address, telephone number, and email address of the offeror.

L.6.2.3 A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item.

L.6.2.4 The name, title, and signature of the individual authorized to sign the offer. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

L.6.3 Solicitation Amendment. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. The offeror shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

L.6.4 Except for those captured by execution of the online representations and certifications via SAM, the offeror shall complete all representations and certifications required by solicitation Section K.

L.7 Volume IV – Small Business Participation L.7.1 The offeror shall identify the extent to which the following types of small businesses will participate satisfying the requirements of the PWS: Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), Veteran-Owned Small Business (VOSB), Service Disabled Veteran-Owned Small Business (SDVOSB), Historically Underutilized Business Zone Small Business (HUBZone), hereinafter all referred to as SB.

L.7.2 The offeror shall demonstrate the extent to which SB commitment has been obtained. In making this demonstration, the offeror shall provide:

L.7.2.1 List, by name, SBs to be utilized and the products or services being provided by each.

L.7.2.2 State quantitatively the extent to which SBs will be utilized in terms of the total value of the acquisition.

L.7.2.3 Provide evidence of SB level of commitment (e.g. letters of intent, actual subcontractor agreements).

L.7.3 The offeror shall submit a small business subcontracting plan in accordance with FAR 52.219-9. The subcontracting plan is not a requirement for evaluation, but rather, a requirement for award to a firm classified as “Other than Small Business.” The subcontracting plan will be incorporated into any resultant contract.

L.7.4 The offeror is reminded that all proposed subcontractors are subject to the requirements of FAR 52.244-5 (see paragraph L.5.5.4).

(End of addendum)

SECTION M - EVALUATION FACTORS FOR AWARD

CLAUSE(S) 52.212-2 - ADDENDUM TO FAR 52.212-2

ADDENDUM TO FAR 52.212‐2, EVALUATION‐‐COMMERCIAL ITEMS

M.1 FAR 52.212-2 Addendum M.1.1 FAR 52.212-2, paragraph (a), is changed to read:

Award will be made in accordance with the evaluation criteria set forth below.

Offers will be evaluated using the criteria listed in the “Evaluation Approach and Factors for Award” section of this addendum. Noncompliance with the solicitation requirements may raise serious questions regarding pricing and an offeror’s ability to perform. Failure to include all information requested may adversely affect the evaluation. An offer that merely reiterates or promises to accomplish the requirements of the solicitation will be considered unacceptable. An offer that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

M.1.2 FAR 52.212-2, paragraph (c), is deleted in its entirety.

M.2 General M.2.1 This procurement is being conducted subject to the requirements at FAR Part 13. As a result, the award will be made based on a quote determined technically acceptable, and a price determined to be fair and reasonable.

M.2.1.1 Individual offeror requirements for technical and pricing submissions are detailed in Section L of this solicitation.

M.2.2 The Contracting Officer will begin the evaluation process by conducting a compliance review for determination of basic proposal adequacy. The Government reserves the right to obtain additional information solely for the purpose of making a responsibility determination following the receipt of the offer. Requests for information related to responsibility determinations do not constitute negotiations.

M.3 Evaluation Approach and Factors for Award: Volume I – Technical

M.3.1 The Government will evaluate the Technical Factor on an Acceptable/Unacceptable basis against the listed criteria. An acceptable rating will be assigned when the offeror has demonstrated an understanding of the Salient Characteristics in Section C and has provided sufficient evidence to validate as such.

M.3.2 Evaluation of Technical Factor 1

M.3.2.1 The Government will evaluate the offeror’s technical acceptability through the offeror’s response to the Salient Characteristics and criteria outline in L4 Volume I – Technical.

M.4 Evaluation Approach and Factors for Award: Volume II – Price

M.4.1 The Government will evaluate that the offeror has fully completed the pricing schedule located in Section B.

M.4.2 The Government will evaluate that the offeror has provided all documentation supporting traceability of price.

M.4.3 The Government will evaluate offeror proposed pricing using Lowest Price, Technically Acceptable per FAR 15.101-2.

M.5 Evaluation Approach and Factors for Award: Volume III – Solicitation Documents

M.5.1 The Government will review to ensure the offeror completed (fill-in and sign) the solicitation sections indicated below using the file (without modification to the file) provided with the solicitation. An authorized official of the firm shall sign the SF 1449, all solicitation amendments (if applicable), and all certifications requiring original signature.

M.5.2 Section A – Standard Form 1449 (SF 1449), Solicitation, Offer and Award.

M.5.3 Section K – All fill-in provisions listed in Section K. The completion of provisions in Section K is not necessary if the offeror has completed Representations and Certifications in the System For Award Management at https://www.sam.gov.

M.6 Evaluation Approach and Factors for Award: Volume IV – Small Business Participation

M.6.1 As required by DFARS 215.304, Small Business Participation is an evaluation factor in this acquisition. The Small Business Participation Factor contains no subfactors. The offeror will be deemed as meeting the requirement if the proposal identifies:

M.6.1.1 The SB firm(s), by name, the offeror anticipates utilizing in satisfying PWS requirements, and the product or service being provided by each SB firm.

M.6.1.2 A quantitative overview of SB participation which outlines the extent to which SBs will be utilized in terms of the total value of the acquisition.

M.6.1.3 Evidence of SB level of commitment (e.g. letters of intent, actual subcontractor agreements).

M.6.2 The Government will evaluate the offeror’s proposed Small Business Subcontracting Plan to ensure all elements of FAR 52.219-9, Small Business Subcontracting Plan, Alternate II (Deviation 2018-O0018), have been addressed.

(End of addendum)

(End of Summary of Changes)