W9124J22RRCCC Atch 04 ProvClauses_Combined SynSol 25 Mar 2022.pdf

Attachment 04

Combined Synopsis/Solicitation For

US Army Medical Center of Excellence (MEDCoE), Fort Sam Houston, TX Reserve Component and National Guard Captains’ Career Course (CCC)

Facility Support Services

W9124J-22-R-RCCC

Clauses and Provisions

52.203-3 Gratuities APR 1984 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 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 52.212-4 Contract Terms and Conditions—Commercial Items NOV 2021 52.215-1 Instructions to Offerors—Competitive Acquisition NOV 2021 52.217-5 Evaluation of Options JUL 1990 52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representations and Certifications

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021

52.237-3 Continuity of Services JAN 1991

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Alternate A, Annual Representations and Certifications FEB 2019 252.204-7008 Compliance with Safeguarding Covered Defense Information ControlOCT 2016 252.204-7015 Disclosure of Information to Litigation Support Contractors MAY 2016 252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by The

Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.219-7003 Small Business Subcontracting Plan (DoD Contracts)--Basic DEC 2019 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7007 Limitation of Government’s Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustments DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

The following clauses/provisions are incorporated by Full Text in combined synopsis/solicitation W9124J-

22-R-RCCC.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government;

or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

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

(NOV 2021)

(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 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 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 CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS

A. SOLICITATION/PROPOSAL REQUIREMENTS-Instructions, Conditions, and Notices to Offerors

1. Proposal Submittal and Inquiries.

a. The solicitation (up to and including this and any future solicitation amendments, if any) will constitute to the Offeror's complete "proposal" for the subject services and shall be submitted NOT LATER THAN 01:00 P.M. CENTRAL DAYLIGHT TIME(CDT) ON 28 April 2022.

b. All proposals will be submitted/e-mailed to both:

CONTRACT SPECIALIST: Walter L. Williams e-mail: walter.l.williams24.civ@army.mil

CONTRACTING OFFICER: Sylvia Farmer, e-mail: sylvia.farmer.civ@army.mil

2. All other inquiries for this solicitation of future amendment(s) shall be directed to:

CONTRACT SPECIALIST: Walter L. Williams e-mail: walter.l.williams24.civ@army.mil

CONTRACTING OFFICER: Sylvia Farmer, e-mail: sylvia.farmer.civ@army.mil

3. Offerors shall review the solicitation and its amendments (if applicable) and submit only written questions and/or comments with the Subject Line Reference: Questions/Comments/Exceptions for Facility Services,W9124J-21-R-RCCC. The deadline for the submittal of all Questions/Comments/Exceptions is Day, 11 April 2022 at 12:00 P.M. CDT.

4. Time for Acceptance: Unless the Offeror inserts a different period of time on the combined Synopsis/Solicitation, the proposal shall remain valid for 180 days after the date identified in preceding paragraph.

B. General Instructions

1. The selection of a source for award purposes will be conducted utilizing FAR Part 12, “Acquisition of Commercial Items,” in conjunction with FAR 13.5, “Test Program for Certain Commercial Items,” and supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Offers will be evaluated using the criteria under Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award.”

2. Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal is judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, which will represent the Lowest Priced Technical Acceptable offer. Trade-offs between cost/price and non-cost/price factors are not permitted.

3. As this requirement will be competed as full and open, it will be subject to the requirements in FAR 19.1307, FAR 19.1309, and FAR clause 52.219-4 which provides for a HUBZone preference that will be considered during the evaluation process.

4. Noncompliance with the Request for Proposal (RFP) requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

5. The submission of the documentation specified will constitute the Offeror’s acceptance of the terms and conditions of the RFP and contract type.

6. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and price in their initial proposal submission. However, in accordance with FAR Part 15.306(a)(3), should discussions become necessary, the Government reserves the right to hold them.

7. Instructions outlined in paragraph C below, prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

8. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

9. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

10. Brief Explanations: The Contracting Officer will notify Offerors who are not selected for award. Upon such notification, unsuccessful offerors may request to receive a brief explanation in accordance with the requirements of FAR 52.212-1(1).

C. Proposal Preparation Instructions

1. The Offeror’s proposal shall be organized and submitted in five (5) parts:

Part I- General

Part II- Technical Capability

Part III: Past Performance

Part IV: Price

Part V: Subcontracting Plan (Other than Small Business Only)

2. Proposal Format

a. Offerors shall submit an original electronic copy of their proposal via email.

b. Exceptions: Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in additional to those identified as evaluation factors found in Addendum to FAR Clause 52.212-2. Failure to meet any requirement in this solicitation may result in an offer being ineligible for award. Any assumption, exceptions, or deviations must be addressed and communicated to the Contracting Officer by 28 April 2022 at 01:00 P.M. (CDT), which is the closing of the solicitation.

If the offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the offeror shall clearly identify the applicable exception(s) with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, price, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken.

It is recommended that the offeror contact the Contracting Officer immediately upon identifying an area that may result in an exception. The offeror must contact the Contracting Officer prior to the date for receipt of offers. Upon notification of an exception the Contracting Officer will gather facts and if facts warrant solicitation revision an amendment will be issued. All exception(s) shall be submitted electronically in the format below.

Table 1 – Solicitation Exceptions

Solicitation Document Page/ Paragraph Requirement/ Portion Rationale & Impact

Section B, PWS/SOO/SOW, Section L&M, etc.

Applicable Page and Paragraph Numbers

Identify the requirement or portion to which exception is taken.

Describe the rationale and impact of the exception.

c. All text shall be single spaced. Times New Roman or Arial font required. Text shall be a minimum font size 10 and be easily readable. All text pages shall be oriented in portrait. Landscape orientation is acceptable for tables and/or charts if required to properly present the information. Margins shall be at least 1 inch on the top and bottom and ¾ inch on the sides. The Offeror shall number each page. In the event the Offeror creates an ambiguity in their numbering, the Government may exercise its own discretion on counting pages.

d. Proposal Limitation. If the page limits are exceeded, the pages in excess of the limit shall not be evaluated.

e. The proposal shall not exceed the following page limits:

1. General: N/A

2. Technical Capability: 35 pages (excluding resumes if submitted)

3. Past Performance: 15 pages

4. Price: N/A

5. Subcontracting Plan: N/A

Note 1: Resume pages shall not be counted against the 35 pages allowed for Technical Capability.

Note 2: Page limits includes all appendices, charts, graphs, diagrams, tables, photographs, drawings, and other information provided in the proposal.

Note 3: Representation and Certifications shall be submitted within Part I-General (page limitation is non-applicable)

D. Proposal Content:

Part I: General: Offerors are required to complete the combined synopsis/solicitation W9124J-22-R- RCCC. Offeror shall provide pricing for all CLINs in Attachment 3 and submit the completed solicitation for commercial items. Failure to follow Contract Proposal preparation instructions may cause Offeror’s proposal to be deemed unacceptable by the Government.

a. Solicitation W9124J-22-R-RCCC shall be submitted fully completed and in accordance with FAR 52.215-1(b), Instruction to Offerors-Competitive Acquisition. The solicitation must contain an original signature. The Offeror shall acknowledge any amendments to the solicitation in accordance with the instructions at time of release. The Offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

b. Complete FAR Provision 52.212-3, Alt 1-Offeror Representation and Certification-Commercial Items.

The Offeror shall ensure that these provisions are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

Part II: Technical Capability: Technical proposal will be evaluated to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Performance Work Statement (PWS) and demonstrates a thorough knowledge and understanding of those requirements with minimum risk to the Government. The Offeror must provide the following:

i. Provide detailed narrative fully explaining how the Offeror intends to accomplish the tasks in the Performance Work Statement (PWS). This narrative should focus on how the work will be done and not on what is to be done. Offeror’s are not to merely restate the Performance Work Statement (PWS) instead Offeror’s are required to discuss/describe their individual approach to conducting the technical requirements of the PWS.

ii. Vendor must provide their facilities/campus immunization/vaccination/safeguarding/sanitation policy for COVID-19.

iii. If the offeror is a third-party vendor, the offeror shall provide a detailed narrative explaining how it will provide on-site support for coordination for the duration of each event. This narrative shall provide convincing rationale to the Government as to why it’s in the Government’s best interest to use a 3rd-party vendor arrangement instead of just going with the second-party source.

Part III Past Performance: The firm shall provide a maximum of three example projects performed by either the prime firm or key subcontractor (if utilized) demonstrating recent and relevant experience.

Relevant experience is defined as similar in size, scope and complexity to the services identified herein.

Recent experience is experience within the last five (5) years from the date of this announcement. More recent past performance shall be considered more advantageous. Past performance of the prime firm and any key subcontractor (if utilized) on any recent and relevant contracts will be determined from the Contractor Performance Assessment Reporting System (CPARS) and other sources as needed. CPARS will be queried for all prime firms to assess performance risk.

In the case of an Offeror without a record of relevant past performance or from whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

Part IV Price: The Offeror shall submit prices for each Contract Line Item (CLIN), and in the format identified in Attachment 03, CLIN schedule, of this combined synopsis/solicitation. A price narrative shall clearly explain how the prices were developed to include break out of lodging and meal cost per participant.

Evaluation of price will be performed utilizing one or more of the price analysis techniques in FAR 15.404- 1(b). While competition is anticipated for the award of this contract the Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as deemed necessary to arrive at a fair and reasonable price.

Part V – Subcontracting Plan (Other than Small Businesses Only). To be due with proposal.

Subcontracting plans shall contain separate percentage goals using Small Business (SB), Small Disadvantaged Business (SDB), HUBZone Small Business, Women-Owned Small Business (WOSB), Veteran Owned Small Business (VOSB), and Service Disabled Veteran Owned Small Business (SDVOSB) concerns as subcontractors. Small business concerns are not required to submit a subcontracting plan.

Failure to comply with the requirement herein and FAR 52.219-9 and DFARS Clause 252.219-7003 shall render the offeror ineligible for award.

(End of provision)

52.212-2 EVALUATION–COMMERCIAL ITEMS (Nov 2021)

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

Factor 1: Technical Capability Factor 2: Past Performance Factor 3: Price Factor 4: Subcontracting Plan (Other than Small Businesses Only) is not evaluated or scored.

Subcontracting Plans will be negotiated with awardee.

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation represents the Lowest Priced Technically Acceptable offer.

(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.

ADDENDUM TO FAR CLAUSE 52.212-2, EVALUATION-COMMERICAL ITEM

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

Factor 1-Technical Capability. The Technical Factor evaluation provides an assessment of the Offeror’s capability to fully satisfy the Government’s minimum requirements. To be acceptable, the offeror must provide the following:

i. A clear and concise narrative that fully explains how the Offeror intends to accomplish the tasks in the Performance Work Statement (PWS). The narrative is focused on how the work will be done and not on what is to be done. The Offeror does not merely restate the Performance Work Statement (PWS), instead Offeror discusses/describes their individual approach to conducting the technical requirements of the PWS.

ii. Their facilities/campus immunization/vaccination/safeguarding/sanitation policy for COVID-19.

Acceptable criteria is that the facility/campus DOES have a formal policy (response does not need to be one way or another, i.e., it’s okay to state students ARE or are NOT required to be vaccinated. To be acceptable, the policy must include details about how the facility is sanitized and how support staff attempt to prevent the spread of COVID-19.

iii. If the offeror is a third-party vendor, the offeror’s narrative will be evaluated on a pass/fail basis.

Technical Factors will receive one of the adjectival ratings defined below. The sub-factor ratings will be used to determine an overall rating for the factor. To receive a rating of Acceptable, all sub-factors must receive a rating of Acceptable.

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal meets the minimum requirements of the solicitation.

Unacceptable Proposal does not meet the minimum Requirements of the solicitation.

Factor 2-Past Performance: The Past Performance evaluation will assess the offeror’s probability of meeting the solicitation’s requirements as indicated by that offeror’s record of past performance. Past performance is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is recent and relevant to the services being procured under this solicitation. Offerors are advised the Government will utilize data in the offeror’s proposal and data obtained from other sources (i.e. Contractor Performance Assessment Reporting System (CPARS)) to determine the relevancy and regency of past performance.

In the case of an Offeror without a record of relevant past performance or from whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

The past performance factor will be assigned one of the rating defined below:

Table A-2. Past Performance Acceptable/Unacceptable Ratings Rating Description Acceptable Based upon the offeror’s performance record, the Government has a reasonable expectatio the offeror will successfully perform the required effort, or the offeror’s performance recor is unknown.

Unacceptable Based upon the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 3-Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques, the Government will determine whether prices are fair and reasonable. If the Government is unsure of the reasonableness, the Government reserves the right to request other than Cost or Pricing Data.

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer.

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). As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror’s final ordering year price to the offeror’s total price. Thus, the offeror’s total price for the purposes of evaluation will include the Ordering Year 1, Ordering Year 2, Ordering Year 3, Ordering Year 4, Ordering Year 5 and ½ of the Ordering Year 5.

Offerors are not required to enter a price for the six-month period.

Part V – Subcontracting Plan (Other than Small Businesses Only). Not evaluated or scored. To be due with proposal. Subcontracting plans shall contain separate percentage goals using Small Business (SB), Small Disadvantaged Business (SDB), HUBZone Small Business, Women-Owned Small Business (WOSB), Veteran Owned Small Business (VOSB), and Service Disabled Veteran Owned Small Business (SDVOSB) concerns as subcontractors. Small business concerns are not required to submit a subcontracting plan.

Failure to comply with the requirement herein and FAR 52.219-9 and DFARS Clause 252.219-7003 shall render the offeror ineligible for award.

52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(NOV 2021)

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

(a) Definitions . As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror , that has direct control of the offeror .

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment , and the common use of employees.

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

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

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

(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;

(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 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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern —

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

(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 with13 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 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 $750,000 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 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 (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 .

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.

(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 will be performed in the United States or its outlying areas . Check all that apply.

(1) Small business concern . The offeror represents as part of its offer that it □ is, □ is not a small business concern .

(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) Service-disabled veteran-owned small business 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 as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .

(4) 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 CFR124.1002.

(5) 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 .

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a…