W912JD24Q0015 - Portable Latrine and Trash Removal.pdf.docx

W912JD24Q0015

Section SF 1449 - CONTINUATION SHEET

52.212-1 - ADDENDUM

1. Contract Type: The contract will be firm-fixed price purchase order. This requirement will be competed and awarded under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures. This solicitation is UNRESTRICTED acquisition utilizing NAICS code 562991, Septec tank and related services with a size standard of $9,000,000.00

2. SAM Registration: Quoters must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered vendor. Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/portal/public/SAM/ On-line Representations and Certifications (SAM.gov) may also be filled out at this website.

3. Wage Determination: Offeror shall use the following attached Wage Determinations for the location identified in the PWS.

4. Amendments: Amendments to this solicitation will be posted at https://sam.gov/content/opportunities Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on Contracting Opportunities, quoters will be notified by email of any new amendments that have been issued. Potential Quoter’s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable.

5. Basis for Award: The Government intends to award a single purchase order to the responsible Offeror whose quote represents the best value to the Government, with appropriate consideration given to the three (3) evaluation factors. Technical, Past Performance and Price. Commercial and Simplified Acquisition Procedures will be utilized to the max extent in a streamlined evaluation IAW FAR 12.602 & FAR 13.106-2. Award may be made without discussion with offerors. Offerors are cautioned that the award may not necessarily be made to the lowest priced proposal.

5.1. Evaluation will be solely on the information included in the quotation. Therefore, the Offerors initial quotation should contain the Offerors best terms. After receipt of quotations, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with Offerors regarding quote elements.

6. Quote Preparation Instructions: Quotes shall be based on the requirements of the solicitation, and must contain the following. All information shall be confined to the appropriate file. The quoter’s shall confine submissions to essential matters, sufficient to define the quote in a concise manner, to permit a complete and accurate evaluation of each quote. Each file of the quote shall consist of a Table of Contents. Proprietary information shall be clearly marked.

The following evaluation factors will be set forth in the solicitation.

FACTOR 1 – Technical Capability: Technical Capability will be evaluated on Good, Acceptable or Unacceptable basis. The quote must consist of written documentation to provide sufficient narrative and supporting data to address how the quote meets the minimum qualifications/requirements to include the pick-up and delivery to all locations identified in the Performance Work Statement.

FACTOR II – Past Performance: Past performance will be evaluated on an Satisfactory, Neutral and Limited Confidence basis using information from the Supplier Performance Risk System (SPRS). SPRS generates a risk rating of Red (lowest 5%), Yellow (next 10%), Green (next 70%), Purple (next 10%) or Blue (top 5%). For evaluation purposes, a risk rating of Red or Yellow will be deemed unacceptable. A risk rating of Green, Purple, or Blue will be deemed satisfactory confidence. If no information is found, that will be treated as neutral which is considered acceptable. A confidence assessment will be evaluated based on the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Additional references may be submitted by the Contractor with the quote. The past performance relevancy evaluation method is detailed below:

The Government reserves the right to obtain past performance data from other sources than those identified by the Quoter’s in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other designated Technical Representatives. Quoter’s are reminded that both independent data and data provided by the Quoters in their quote may be used by the Government to evaluate past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts.

FACTOR III – Price: Schedule Pricing for Requirement. The quoter shall include a completed Exhibit B, Price Matrix in Part III. Evaluation of price will be performed using one or more of pricing analysis techniques in FAR 13.106-3.

7.Submission of Quote: Offeror shall submit 1 copy of the following:

PART - TITLE - COPIES OF PAGES LIMITATIONS

Cover Letter Factor I – Technical 1 Max Factor II – Past Performance Factor III – Price-Information – SF 1449 & Exhibit B) (Request for Quote) (SF 1449) Solicitation, Offer and Award Documents, Signed

7.1 Completed copy of the Representations and Certifications at FAR 52.212-3 The quote shall complete only paragraphs (b) of this provision if the quoter has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the quoter has not completed the annual representations electronically, the quoter shall complete only paragraphs (c) through (u)) of this provision.

*NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

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

9. Cover letter: Provide an induction page to include Cage Code, UEI Number, and Tax Identification Number (TIN). Also include your business socioeconomic status, e.g. small business, women-owned, HUBZone, etc.

10. Solicitation Questions: Questions of a technical nature shall be submitted to the Contract Specialist in writing via e-mail. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is Monday, May 6, 2024 by 3:00 PM EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

11. Solicitation Deadlines: Quote packages shall be submitted electronically to daniel.s.bibeau.mil@army.mil. The email subject line must contain the following: “Quote in Response to W912JD-24-Q-0015 – 120th Annual Training portable latrine/dumpsters. Quotes will not be accepted by any other means. Late quotes will not be considered. Quoter’s will receive an email confirmation that their quote was received within two (2) business days.

11.1. Quoter’s bear the burden of ensuring that their quote, and any applicable amendments, are emailed on time. All pages of the quote must be emailed before the deadline specified in this solicitation. Failure to provide any of the required information or the providing of inadequate or unclear information may result in the offer being considered unacceptable.

11.2. All information relating to this RFQ, including changes/amendments and information prior to the date set for receipt of quotes will be posted on the https://sam.gov/content/opportunities

12. Electronic Invoicing through Procurement Integrated Enterprise Environment (PIEE).

12.1 Invoicing Procedures: An itemized invoice shall be submitted at least monthly for all services provided during a billing period for which payment has not been received. Each invoice shall include only the services that have been completed and delivered that have been accepted as of the date of the invoice submission and that have not been billed in a prior invoice. The COR will review the detailed invoice and either approve for payment or advise the vendor of the inaccuracies found.

12.2 To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through PIEE. Additional information and registration for PIEE can be completed online at https://wawf.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through PIEE upon satisfactory completion of work and the receipt of a proper certification for payment.

--End of FAR 52.212-1 Addendum --

Brewer Location

FFP

CONTRACTOR SHALL PROVIDE: Six (6) Portable toilets.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 31MAY24-12JUN24

Location: Sid Avery Drive, Brewer, ME

COR: CW4 Peter Fournier – TEL: (207)430-5462 e-mail address: peter.j.fournier.mil@army.mil

FOB: Destination

PURCHASE REQUEST NUMBER: 0012107797

PSC CD: S205

NET AMT

Lake Saint George Location

CONTRACTOR SHALL PROVIDE: Ten (10) Portable Latrines, one (1) fifteen cubic yaard roll off dumpster and one (1) zero sort recycling dumpster between 6-8 yards.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 01JUNE24 - 14JUNE24

Location: Lake George Region Park W. Lake George Park Rd, Skowhegan, ME

COR: CW4 Peter Fournier – TEL: (207)430-5462 e-mail address: peter.j.fournier.mil@army.mil

FOB: Destination

NET AMT

Auburn Training Area Location

CONTRACTOR SHALL PROVIDE: Four (4) Portable Latrines, one (1) fifteen cubic yaard roll off dumpster and one (1) zero sort recycling dumpster between 6-8 yards.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 01JUNE24 - 14JUNE24

Location: 64 Mt. Apatite Drive, Auburn, ME

COR: CW4 Peter Fournier – TEL: (207)430-5462 e-mail address: peter.j.fournier.mil@army.mil

FOB: Destination

NET AMT

Auburn IRT Location

CONTRACTOR SHALL PROVIDE: Eight (8) Portable toilets.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 31MAY24-12JUN24

Location: IVO 301 Stevens Mill Rd. Auburn, ME

COR: CW4 Peter Fournier – TEL: (207)430-5462 e-mail address: peter.j.fournier.mil@army.mil

FOB: Destination

NET AMT

Augusta Cemetary Location

CONTRACTOR SHALL PROVIDE: Eight (8) Portable Latrines, one (1) fifteen cubic yaard roll off dumpster and one (1) zero sort recycling dumpster between 6-8 yard.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 01JUNE24 - 14JUNE24

Location: Maine Veterans Cemetery, Veterans Memorial Way, Augusta, ME 04330.

NET AMT

Pickrel Pond Location

CONTRACTOR SHALL PROVIDE: Eight (8) Portable toilets, One (1) 15 Cubic Yard dumpster.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 01JUNE24 - 14JUNE24

Location: Pickerel Pond, Wayne, ME 04284

COR: CW4 Peter Fournier – TEL: (207)430-5462 e-mail address: peter.j.fournier.mil@army.mil

FOB: Destination

NET AMT

Spector Location

CONTRACTOR SHALL PROVIDE: Eight (8) Portable Latrines and one (1) fifteen cubic yaard roll off dumpster.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 03JUNE24 - 08JUNE24

Location: Airline Road, Cherryfield, ME

NET AMT

Woodville TA Location

CONTRACTOR SHALL PROVIDE: Four (4) Portable Latrines.

Contractor is to delivery and perform scheduled services in accordance with the terms and conditions established in the Performance Work Statement (PWS).

The U.S. Department of Labor, Wage Determination(s) apply for the service being performed under this contract.

Period of Performance: 03JUNE24 - 06JUNE24

Location: 55 Pelkey Rd, Chester ME

COR: CW4 Peter Fournier – TEL: (207)430-5462 e-mail address: peter.j.fournier.mil@army.mil

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-JUN-2024

W8A4 MEARNG ELEMENT JF HQ

194 WINTROP STREET

AUGUSTA ME 04333-0032

2074305603

W91D12

14-JUN-2024

W91D12

14-JUN-2024

W91D12

14-JUN-2024

W91D12

14-JUN-2024

W91D12

14-JUN-2024

W91D12

14-JUN-2024

W91D12

14-JUN-2024

W91D12

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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: Techncial, Past Performance and Price.

However, to receive consideration for award, a rating of no less than “Acceptable” must be achieved for the technical factor and a rating of no less than “Satisfactory Confidence” must be achieved for the past performance factor. The price factor will be evaluated to establish reasonableness of the otherwise successful quoter’s price but will not receive an evaluation rating.

i) Technical: Provide a brief narrative clearly demonstrating an understanding of the requirements outlined in the PWS and the proposed approach to performing the work. The offeror’s description should include all processes and procedures employed, as well as any relevant experience. The combined technical/risk rating evaluation method is detailed below.

ii) Past Performance: Past performance will be evaluated on an Satisfactory, Neutral and Limited Confidence basis using information from the Supplier Performance Risk System (SPRS). SPRS generates a risk rating of Red (lowest 5%), Yellow (next 10%), Green (next 70%), Purple (next 10%) or Blue (top 5%). For evaluation purposes, a risk rating of Red or Yellow will be deemed unacceptable. A risk rating of Green, Purple, or Blue will be deemed satisfactory confidence. If no information is found, that will be treated as neutral which is considered acceptable. A confidence assessment will be evaluated based on the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Additional references may be submitted by the Contractor with the quote. The past performance relevancy evaluation method is detailed below:

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

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

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

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

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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. 4655).

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

___ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

_x__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

___ (12) 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).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(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.

____ (19)(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.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

__x_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__x__ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

____ (36)(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.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_x___ (39)(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).

____ (40) 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.)

____ (41)(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)).