W912L1-22-Q-0016 Amendment 0001.pdf

SATELLITETVSERVICES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purposes of this amendment to the solicitation is to:

a. Add DFARS Clause 252.225-7051

b. Update information required for site visit access requests.

All other terms and conditions of the solicitation remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 07-May-2022

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912L122Q0016

X 9B. DATED (SEE ITEM 11)

02-May-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

07-May-2022

CODE

USPFO FOR TEXAS

CONTRACTING BRANCH

2200 WEST 35TH STREET

BLDG 66

AUSTIN TX 78703-1222

W912L1 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912L122Q0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE

SERVICES (SEP 2021)

(a) Definitions. As used in this clause--

Covered foreign country means--

(1) The People's Republic of China;

(2) North Korea;

(3) The Russian Federation; or

(4) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)

Foreign entity means--

(1) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily traded on one or more foreign exchanges.

(2) Notwithstanding paragraph (1) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S. nationals is not a foreign entity. (31 CFR 800.212)

Government of a covered foreign country includes the state and the government of a covered foreign country, as well as any political subdivision, agency, or instrumentality thereof.

Launch vehicle means a fully integrated space launch vehicle. (10 U.S.C. 2279)

Satellite services means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another.

State sponsor of terrorism means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include Iran, North Korea, and Syria. (10 U.S.C. 2327)

(b) Limitation. Unless specified in its offer, the Contractor shall not provide satellite services under this contract that--

(1) Are from a covered foreign country; or

(2) Except as provided in paragraph (c) of this provision, use satellites that will be--

(i) Designed or manufactured--

(A) In a covered foreign country; or

(B) By an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country; or

(ii) Launched outside the United States using a launch vehicle that is designed or manufactured--

(A) In a covered foreign country; or

(B) Provided by--

(1) The government of a covered foreign country; or

(2) An entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country.

(c) Exception. The limitation in paragraph (b)(2) of this provision shall not apply with respect to--

(1) A launch that occurs prior to December 31, 2022; or

(2) A satellite service provider that has a contract or other agreement relating to launch services that, prior to June 10, 2018, was either fully paid for by the satellite service provider or covered by a legally binding commitment of the satellite service provider to pay for such services.

(End of clause)

The following have been modified:

INSTRUCTIONS, EVALUATIONS, ATT

FAR 52.212-1 Addendum

INSTRUCTIONS TO OFFEROR’S

1. INTRODUCTION

1.1. This Request for Quote (RFQ) is being issued in accordance with (IAW) FAR Parts 12 and 13 procedures. The Offeror’s quote shall be submitted as outlined below. This will be a Competitive 100% Small-Business Set-Aside acquisition utilizing NAICS 517410 Satellite Telecommunications, with a size standard of $35,000,000.00. A single Firm Fixed Price (FFP) contract is contemplated to be awarded.

1.2. Wage Determinations - The National Guard has determined this effort to be professional services. Service Contract Labor Standards (SCLS) are applicable to this acquisition. Offeror shall use multiple Wage Determination WDs as specified in the attachments table (RFP Attachments 2 – 8). The Performance Work Statement (PWS) is attached at the bottom of this solicitation. All attachments are uploaded with the solicitation at SAM.gov of this corresponding RFP.

1.3. Travel is required in the performance of this requirement. The contractor will not be reimbursed for travel within a 50-mile radius of the designated place of performance. Fees and/or General and Administrative (G&A) expenses on travel are not authorized.

1.4. Notice to the Offerors: The Government reserves the right to cancel this RFP, either before or after the closing date for receipt of quote. In the event the Government cancels this RFP, the Government has no obligation to reimburse an Offeror for any costs.

2. GENERAL INFORMATION

2.1. The Offeror’s quote shall consist of three volumes. The Volumes are: I – Technical Approach; II –Past Performance; III – Price and all Contractual Documents. Files shall not contain any classified data. The use of hyperlinks in quote is prohibited. An Offeror’s failure to provide the information specified below may result in that quote not being considered for award. All supporting data required for development of the quote shall be included or summarized in each quote within the stated page limitations. Mere statements that the Offeror understands the requirements and can or will comply with the requirements without supporting information are not acceptable and may be reason for determining a quote to be unacceptable.

Offeror’s are required to extend the validity of quote for at least 120 calendar days from the due date of quote.

2.1.1. Site Visit

The site visit will be 9:00 AM CST 12 May 2022 at Camp Mabry; 2200 W 35th St; Austin, TX 78703. Send request To ray.g.binch.mil@army.mil, and CC horacio.fernandez3.civ@army.mil. Title the subject of your email “2022-05-12; W912L1-22-Q-0016; Satellite Television Services Site Visit; Company Name & Point of Contdact Name”.

Information provided shall be:

Visitor’s Name:

Last Four Digits of Social Security No.:

Driver’s License No., State Issued and Expiration Date:

Date of Birth:

Citizenship:

2.1.2. Submittal of Solicitation Questions

Questions concerning this RFP or requests for clarification shall be made in writing via email to the Contract Specialist, Horacio Fernandez at Horacio.Fernandez3.civ@army.mil and the Contracting Officer, Denise M. Bailey at Denise.M.Bailey.civ@army.mil. The due date for questions will be 10:00 AM CST on 19 May 2022. As soon as an Offeror is aware of any problems or ambiguities in interpreting the specifications, terms/conditions, instructions or evaluation criteria of this RFP, the Offeror should promptly notify the Contracting Officer. It is preferred that only one set of questions be submitted by each Offeror instead of multiple sets of questions. When submitting questions and comments, please refer to the specific text of the RFP in the following format:

Subject: Satellite Television Services, RFP No. W912L1-22-Q-0016 Reference: RFP Section ___, Paragraph(s) ____, Page(s) ____.

The Government is not obligated to provide responses to all questions submitted by Offeror’s, but will consider the responses, consolidate them, and submit responses onto the GPE Solicitation Posting location https://sam.gov.

2.1.3. Communications

The Government intends to evaluate quote and award a contract without further communicating with the Offeror’s.

3. QUOTE SUBMISSION REQUIREMENTS: The following shall be submitted:

VOLUME LIMITATIONS

VOLUME I Technical Approach 20 pages No page limit on Solicitation Quality Control Plan

VOLUME II Past Performance 15 pages total At least 2 but not more than 4 references (see paragraph 4.2, 4.2.1, 4.2.2 and 4.2.3.)

VOLUME III Price and Contractual Documents (SF 1449 Schedule B CLINs) No page limit

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.

3.4. Quote Files

3.4.1 Format. The submission shall be logically assembled and include a Table of Contents.

3.4.2 Restrictions. Zip disks are not permitted. Files shall be in read-only format, using PDF files. All price breakdown information to aide in the price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2007 (or later). Each file shall be labeled with the volume number, date, and the Offeror’s name. **Please note – Self extracting exe files are not acceptable**

3.5. Quote SUBMISSION

3.5.1 Quote Due Date and Time. The entire quote shall be submitted in via e-mail by 5:00 PM CST, 3 June 2022.

Quote shall be e-mailed to the Contracting Officer at Horacio.Fernandez3.civ@army.mil. Any quote, modification, or revision received by the Government after the quote due date and time will be considered “late” and, at the Government’s discretion, may not be considered.

4. QUOTE CONTENT

All information shall be confined to the volume/file. The Offeror shall confine submissions to essential matters, sufficient to define capabilities and provide an adequate basis for evaluation. Offeror’s are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. The following shall be addressed:

4.1. Volume I – Technical Capability

In this volume, the Offeror shall provide sufficient information to describe their clear understanding of and capabilities to fully achieve all requirements outlined in the Performance Work Statement (PWS). Describe proposed methods and processes to satisfy all PWS requirements, including tasks/functions to be performed, labor categories needed, experience and knowledge that personnel should have to perform the tasks/functions, and supplies/equipment required. This volume shall not exceed 20 pages. This volume also includes the contractor’s solicitation quality control plan.

4.2. Volume II – Past Performance

This volume shall contain past performance information regarding similar contracts. This volume requires at least two references but shall not exceed four references and 15 pages in total, excluding Past Performance Questionnaire (PPQ) form(s) (RFP Attachment 1) or Contractor Performance Assessment Reporting System (CPARS) report(s).

However, a CPARS report is preferred as a response, if available, and a copy may be provided as a substitute for a response in lieu of a PPQ. The prime Offeror shall submit at least two but no more than four past performance references. In addition, the prime Offeror can submit up to two past performance references for each major subcontractor for recent performance. The total past performance references, including any major subcontractor references, shall not exceed four. A major subcontractor is defined as any subcontractor who will execute 25% or more of the expected workload. Recent past performance is defined as work performed not more than three years prior to the RFP due date.

4.2.1. Section 1 – Contract/Task Order Descriptions. This section shall include the following information for each contract reference in the format below. Not to exceed one page in length for each contract/task order.

a) Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the same of the prime contractor and point of contact (POC) within the prime contractor organization (name, and current address, email address, and telephone and fax numbers).

b) Government (or industry) contracting activity, and current address, Procuring Contracting Officer’s name, email address, telephone and fax numbers.

c) Government technical representative/Contracting Officer’s Representative (COR), and current e-mail address, telephone and fax numbers.

d) Government contract administration activity and the Administrative Contracting Officer’s name, and current e-mail address, telephone and fax numbers.

e) Contract/task order number and, in case of indefinite delivery/indefinite quantity (IDIQ) type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery/Task Order Numbers as well.

f) Contract/task order type (specific type such as fixed price (FP), cost reimbursement (CR), time and materials (T&M), etc.). In the case of Indefinite Delivery contracts/task order, indicate specific type (requirements, definite quantity, and indefinite quantity) and secondary contract type (FP, CR, T&M, etc.)). (For IDIQ contracts, only task orders actually performed can be submitted as a reference, with each counting as a past performance reference.)

g) Awarded price.

h) Final or projected final price.

i) Original delivery schedule, including dates of start and completion of work.

j) Final, or projected final, delivery schedule, including dates of start and completion of work.

k) Period of performance of the contract/task order.

4.2.2. Section 2 – Performance Narratives. Offeror’s shall provide a specific narrative explanation of each contract listed in Section 1, Contract Descriptions, describing the objectives achieved and detailing how the effort is relevant to the requirement of this RFP. Relevant is defined as contracts outlining the Offeror’s past performance as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this solicitation. For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The Offeror’s shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. The Offeror’s shall also provide copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the Offeror or proposed subcontractor. The Offeror’s shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

4.2.3. Past Performance Questionnaire (RFP Attachment 1). For all contracts identified in Section 1, Contract Descriptions, when a CPARS report is not available or does not exist, a Past Performance Questionnaire must be completed and submitted. The Offeror shall complete Part I of the Past Performance Questionnaire and e-mail the questionnaire to both the Government contracting activity and technical representative responsible for the past/current contract. The POCs shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contracting Office no later than the quote submission due date, to Horacio Fernandez, contracting officer, Horacio.Fernandez3.civ@army.mil

4.3. VOLUME III – Price and Contractual Documents

This volume shall consist of all information required to support proposed price. Certified cost and pricing data are not required; however, the Government reserves the right to request such data prior to award. All Offeror’s must submit their price quote in accordance with in Schedule B, all CLINs of the RFP. The information submitted in this volume shall comply with the requirements set forth below. There are no page limitations for this volume.

4.3.1. Price

a) The Offeror shall ensure that the information submitted in this volume is consistent with and fully supports the amounts set forth in the SF1449 and continuation sheets.

b) In order to maintain a minimum level of commonality between quote, each Offeror is required to complete in its entirety in Schedule B, all CLINs of the RFP. Offeror’s are required to price the base period and three twelve-month option periods.

c) The Offeror shall provide additional detail necessary to verify compliance with any applicable wage determination as countable sheet(s) for the technical quote. Modifications to the labels of indirect rate categories and related formulas within the price model are permitted the extent necessary to conform to the Offeror’s accounting practices. The Offeror is solely responsible for the completion of the Price Model in its entirety and in a manner that reflects current, accurate, and complete information concerning proposed pricing.

d) For quote preparation purposes, the expected contract award date is 18 August 2022. The period of performance start is anticipated to be 18 August 2022 through 17 August 2023 for the base period. Existing satellite television services exists through 18 September 2022. The incoming contractor is expected to have full services in place by 18 September 2022, with no breaks in service.

e) If proposing subcontractor(s), the Offeror shall submit a complete breakdown of pricing by major subcontractor.

A major subcontractor is defined as a member of the Offeror’s overall team who is expected to perform at least 25% or more of the proposed effort.

4.3.2. Contractual Documents: The Offeror shall submit the following in this volume:

a) SF 1449 and continuation sheets containing CLIN

b) Representations and Certifications (only required if changed from System for Award management (SAM) for both the FAR and DFARS portions of required information within the solicitation).

c) Offeror shall provide whether or not they intend to provide a discount for prompt payment.

d) Offeror shall provide their Tax Identification Number if the information cannot be found within the Offeror’s SAM.gov profile.

52.212-2 Evaluation-Commercial Items (Oct 2014)

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

Technical capability, past performance and price IAW FAR part 13.

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

(End of provision)

FAR 52.212-2 Addendum

EVALUATION FOR AWARD

1. BASIS FOR AWARD

The award will be made based on the best value to the Government considering technical capability, past performance and price IAW FAR 13.5. To be considered for an award, the Offeror must receive no less than an “Acceptable” rating for Technical Capability and a rating of no less than Acceptable for Past Performance. Offeror’s are cautioned that award may not be made to the lowest price quoted.

When three or less quotes are obtained, the Government will evaluate all quotes obtained.

When four or more quotes are obtained, the Government will sort all quotes received from lowest to highest price.

Then, the Government will evaluate the first three quotes arranged by price, and will continue to evaluate quotes until three technically and past performance acceptable quotes are obtained.

2. EVALUATION CRITERIA

2.1. TECHNICAL APPROACH (VOLUME I) – The Government will evaluate the Offeror’s understanding of the requirements, proposed methods/processes to fully complete the requirements of the PWS and extent which the quote considers, defines and satisfies the requirements of the solicitation.

Rating Rating Definition

Good Technical approach meets or exceeds requirements, indicates a good approach and understanding of the requirements and quote added value.

Acceptable Technical approach meets requirements and indicates an adequate approach and understanding of the requirements.

Unacceptable

Technical approach does not meet requirements of the solicitation and is not awardable.

2.3. PAST PERFORMANCE (VOLUME II) – The Government will evaluate the Offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the PWS. Past performance will be rated Good, Acceptable, Unacceptable or Neutral. In the case of Offeror’s for which there is no information on past contract performance or where past contract performance information is not available, the Offeror will be rated neutral.

Rating Rating Definition

Good Past Performance indicates a record of performance that consistently exceeds its customer’s needs.

Acceptable Past Performance indicates a record of performance that meets its customer’s needs.

Unacceptable

Past Performance indicates a record of performance that is marginal or unacceptable in meeting its customer’s needs.

Neutral Past Performance found to be inconclusive on past performance in meeting its customer’s needs.

2.4. PRICE and OFFEROR DOCUMENTS (VOLUME III – Price evaluation will be conducted on the basis of fixed price. To be considered for evaluation, Offeror’s must quote on all items/services listed in the solicitation and PWS. The Government will evaluate price reasonableness, completeness and balance for the fixed priced effort.

2.4.1. In evaluating “price reasonableness” the Government will focus on whether the price is too high to be considered fair and reasonable. The Government will also evaluate whether the price is too low, which may indicate the prospective Offeror does not understand the requirement or may be proposing an unrealistically low price that successful performance under the contract may be negatively impacted. In terms of “completeness”, the Government will evaluate whether the price appears to cover all of the work identified in the PWS. In terms of “balance”, the Government will evaluate whether the pricing is consistent throughout the term of the contract to include any options.

2.4.2. Offeror documents will only be evaluated for compliance of submitted information required to be considered eligible for award. Non-compliant quote will not be further evaluated and will not be further considered for award.

Only Offeror’s whose quote are determined to be compliant will move into the evaluation process.

--- End of FAR 52.212-2 Addendum ---

Attachment Table Title Pages Date Performance Assessment Questionnaire 5 04/24/2022 SCA Wage Determination Bell Co. 2015-5237 Rev. 18 12-27-2021 15 03/15/2022 SCA Wage Determination Bexar Co. 2015-5253 Rev. 16 12-27-2021 15 03/15/2022 SCA Wage Determination Dallas Co. 2015-5227 Rev. 16 12-27-2021 15 03/15/2022 SCA Wage Determination El Paso Co. 2015-5229 Rev. 16 12-27-2021 15 03/15/2022 SCA Wage Determination Harris Co. 2015-5233 Rev. 20 12-27-2021 15 03/15/2022 SCA Wage Determination Hidalgo Co. 2015-5245 Rev. 16 12-27-2021 15 03/15/2022 SCA Wage Determination Travis Co. 2015-5215 Rev. 20 12-27-2021 15 03/15/2022 Satellite TV Services Location Matrix Solicitation Excel 05/01/2022

The following have been deleted:

252.239-7018 Supply Chain Risk FEB 2019

(End of Summary of Changes)