W912L723Q7007 Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

W912L723Q237007

Marketing Services for the Tennessee Army National Guard Recruiting at Mixed Martial Arts events

1.0 This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

1.1. The combined synopsis is issued as a Request for Quotation (RFQ) under solicitation number :

W912L723Q7007

1.2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 (02 June Month 2023).

1.3. Small Business Set-Aside: 100%.

1.4. NAICS Code: 541810

1.5. Product or Service Code (PSC): R701

1.6. Posting Date: 09 June 2023

1.7. Question Dates: 09 June 2023 through 15 June 2023 at 10:00AM CST

1.8. Response Date: 23 June 2023 at 10:00 AM CST

1.9. Contracting Office: TNARNG, 3041 Sidco Drive. Nashville, TN 37204

1.10. Government Points of Contact: Contracting Officer: Contracting Officer: Teresa Baxter, Teresa.a.baxter.civ@army.mil and Contract Specialist: Elfrieda Morenas, Elfrieda.f.morenas.civ@army.mil.

1.11. Line item number(s) and items, quantities, and units of measure

CLIN Description QTY Unit of Measure

0001 Base Year Booth space 12 Job 0002 Base Year 2nd display option 12 Job 0003 Base Year Marketing materials-ring 1 Job 0004 Base Year Radio Advertisement 12 Job 0005 Base Year Space on the website 12 Job 0006 Base Year Public address announcements 12 Job 0007 Base Year Advertising on social media platforms 12 Job 0008 Base Year Pay Per View 12 Job 1001 Option Year 1 Booth space 12 Job 1002 Option Year 1 2nd display option 12 Job 1003 Option Year 1 Marketing materials-ring 1 Job 1004 Option Year 1 Radio Advertisement 12 Job 1005 Option Year 1 Space on the website 12 Job 1006 Option Year 1 Public address announcements 12 Job 1007 Option Year 1 Advertising on social media platforms 12 Job 1008 Option Year 1 Pay Per View 12 Job 2001 Option Year 2 Booth space 12 Job

2002 Option Year 2 2nd display option 12 Job 2003 Option Year 2 Marketing materials-ring 1 Job 2004 Option Year 2 Radio Advertisement 12 Job 2005 Option Year 2 Space on the website 12 Job 2006 Option Year 2 Public address announcements 12 Job 2007 Option Year 2 Advertising on social media platforms 12 Job 2008 Option Year 2 Pay Per View 12 Job

1.12. Description of requirements for the services to be acquired:

Please refer to section 5 through 5.2.2 on the PWS.

1.13. Period of Performance (PoP) is one base year with two option years.

1.14. Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and addendum applies to this acquisition.

1.15. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services with its quote.

1.16. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

1.17. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition. See clause below, in full text, for list of additional applicable clauses.

1.18. Additional contract provisions and clauses are applicable and included below.

1.19. Defense Priorities and Allocations Systems (DPAS) Rating: Not rated.

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 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 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 52.212-1***

2.0 QUOTE SUBMISSION INSTRUCTIONS

2.1 Submission Due Date. The offeror must ensure its quote, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 23 June 2023 at 10:00 AM (CST).

2.2 Late Proposals. The lateness rules for submitted quotes are outlined in FAR 52.212-1 "Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. Quote submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contracting Officer (KO), Teresa Baxter, Teresa.a.baxter.civ@army.mil and the Contract Specialist (CS), Elfrieda Morenas, Elfrieda.f.morenas.civ@army.mil. The quote shall only be submitted as described.

2.4 Quote Compliance. The Government must have received from the offeror a fully compliant quote. The quote is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

2.5 Quote Acceptance. The contractor shall make a clear statement in the quote as to the expiration date of the quote and the stated expiration date shall be valid for all proposed subcontractors as well.

mailto:Teresa.a.baxter.civ@army.mil mailto:Elfrieda.f.morenas.civ@army.mil

2.6 Quote Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful quotes.

2.7 Single Quote Submission. FAR 52.212-1 is hereby tailored to remove subparagraph (e), which does not apply to this solicitation.

2.7.1 Offerors are limited to submitting one quote with one approach to meeting all the requirements of this solicitation.

2.7.2 Quotes that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.

2.8 Optional Proprietary and Restrictive Markings

2.8.1 Mark the title page with the following legend:

“This quote includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this quote. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [offeror shall insert numbers or other identification of sheets]” and

2.8.2 Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quote.”

3.0 QUOTE FORMAT

3.1 This section provides guidance to the offeror for preparing a quote in response to the solicitation. The offeror’s quote shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

3.2 The quote submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

3.2.1 The acceptable electronic formats for quotes shall be compatible with MS Office 2013, specifically MS Word and MS Excel; PDF format is acceptable for the Technical quote and price narrative. The price quote must be in MS Excel format.

3.2.2 Minimum type size shall be 12 point Times New Roman standard font with single spacing (not to exceed 46 lines per page). 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.”

3.2.3 All quote volumes shall be labeled with the solicitation number W912L723Q7007 as well as the name, address, and telephone number of the Offeror.

3.2.4 All volumes shall be electronic files and not be password protected.

3.3 Offerors shall scan all files for computer viruses prior to submission to the Government.

3.4 Quotes may not include classified information. All quotes shall be at the UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

4.0 QUOTE CONTENT AND ORGANIZATION

4.1 The offeror shall prepare the quote as set forth in Table 1, Quote Organization Table and Table 2, Quote file Name Matrix. The completion and submission to the Government of documents identified in Table 1, Quote Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

4.2 The quote shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic quote. Any linked information that is not contained in the quote will not be accepted.

4.3 Each volume shall be written or presented on a standalone basis. Information required for quote evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the quote and will not be considered.

4.4 Pages that exceed the required page limitations set forth in Table 1, Quote Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 QUOTE ORGANIZATION TABLE

VOLUME SECTION TITLE COPIES PAGE LIMIT

Quote Summary – Evaluated Organizational Conflict of Interest (OCI) – Not Evaluated

1 – electronic 5 pages

2 Factor 1: Technical Capability 1 – electronic 15 pages

3 Factor 2: Price Quote (spreadsheet) 1 – electronic 1 page

4.5 All electronic files must be submitted using the file names in Table 2, Quote File Name matrix, below.

TABLE 2 QUOTE FILE NAME MATRIX

Volume Volume Name File Name Contents 1 Quote Summary (Offeror Name) –Quote Summary.docx Offeror’s Quote Summary 2 Technical Capability (Offeror Name) – Technical Capability.docx Offeror’s Technical Capability 4 Price Quote (Offeror Name) – Price Narrative.docx Offeror’s Price Narrative

(Offeror Name) – Price Quote.xlsx Offeror’s Price Quote Spreadsheet

5.0 QUOTE DOCUMENTS

5.1 Quotes shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rationale to address how the offeror intends to meet those requirements. The offeror should assume the

Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s quote in response to this solicitation.

5.2 Quotes shall be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation.

5.3 QUOTE SUMMARY, Volume 1, shall include:

• Solicitation No. W912L723Q7007

• Date submitted

• Offeror’s name

• Offeror’s address, CAGE code, and UEIDs

• Offeror contact information for quote POC(s)

• All proposed subcontractor(s) (as applicable)

• Address, CAGE code, and UEIDs for each proposed subcontractor

• Quote Acceptance Period

• OCI Plan or negative affirmation

5.4 Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award

5.5 Where certifications and approved systems are required for an offeror, if the quote is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the quote.

5.6 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's quote IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all of the members comprising the JV.

5.7 Statement of Acknowledgement. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the quote from further consideration in the source selection process.

5.8 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the quote. Also, the offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation.

Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the quote from further consideration in the source selection process.

6.0 TECHNICAL CAPABILITY, Volume 2, shall include:

6.1 The Technical Capability section of the quote shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures.

This section shall not include any pricing data. The offeror’s quote information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

6.2 Sub-factor 1: Offerors shall be actively licensed by the Tennessee Department of Commerce and Insurance, Athletic Commission. Offerors must submit a copy of their license. Verified at:

https://www.tn.gov/commerce/regboards/athletic.html.

6.3 Sub-factor 2: Offerors must have the capability to provide services in accordance with the PWS paragraphs 5.0 through 5.2.2. Offerors must provide a detailed explanation on each requirement.

Pictures, drawings, and/or illustrations with narratives are encouraged.

6.4 Sub-factor 3: Offerors shall list social media outlets and average number of followers or subscribers.

Tik Tok is NOT an acceptable platform per FAR clause 52.204-27. Ex. Facebook 1000 friends, Instagram 1000 followers, YouTube 1000 subscribers. The Awardee shall provide data for each option year.

6.5 Sub-factor 4: Offerors shall provide a schedule of possible events (mixed martial arts fights) and number of potential attendees.

6.6 Sub-factor 5: Offerors shall complete and return FAR Clause 52.219-1 Small Business Program Representation.

7.0 Volume 3: Reserved

8.0 PRICE, Volume 4, shall include:

8.1 Price Quote Format.

8.1.1 Electronic spreadsheet files (Workbooks) shall be sent in MS Excel 2013 compatible format, and include all formulas, functions, macros, computations, or equations used to compute the proposed amounts. There can be no cell references to data or files which are not included in the Price Volume. For each Workbook, all Rows, Columns, Cells and Worksheets must be Visible (object.Visible=True). Zero height/Zero width rows/columns in Worksheets are not acceptable. Worksheet cells formatted with the Font color equal to the Fill color are unacceptable. Workbooks or Worksheets shall not be password protected. Print image files or pictures (for example a picture of an Excel spreadsheet embedded in a word document) or files containing only values are not acceptable.

8.1.2 Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are MS Excel 2013 or MS Word 2013 compatible. BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a BOE may not be included as a picture.

8.1.3 Under no circumstances is price information and documentation to be included elsewhere in the quote.

8.2 The price quote shall contain:

8.2.1 The offeror shall submit data substantiating the price proposed to complete the requirements identified in the solicitation. The offeror’s price quote shall contain sufficient factual information to establish that the proposed price is reasonable and complete. The offeror shall submit a narrative BOE to substantiate the price quote.

8.2.2 The offeror shall provide

https://www.tn.gov/commerce/regboards/athletic.html

• Labor/Service (when SCA applies). The total price for each CLIN in the solicitation. Include a complete list of all categories and the direct hourly rate for each labor category.

8.2.3 Reserved

8.2.4 In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

9.0 ORGANIZATIONAL CONFLICT OF INTEREST

9.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a Government support contractor for Government offices involved in supporting program efforts or related programs.

9.2 All offerors shall make a preliminary disclosure to the PCO, at the time of its quote, of any Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation.

9.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the quote to be rejected and no longer be considered for award.

Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

9.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to quote submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.

10.0 Reserved

11.0 EVALUATION FACTORS FOR AWARD

11.1 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 offers:

11.1.1 Technical Capability

11.1.2 Price

11.2 Basis for Award

11.2.1 The Government intends to award a single Firm-Fixed Price (FFP) Contract as a result of this solicitation.

11.2.2 Per FAR 9.103, the contract will be placed only with an offeror that the Contracting Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

11.2.3 Consistency. Each section of the offeror’s quote shall be consistent within the quote.

11.2.4 Completeness. The Government’s ability to evaluate a quote may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a quote may prevent the Government from evaluating a quote.

11.2.5 The Government will assess the offeror’s quote on two factors: (1) Technical Capability,

(2) Total Price (TP).

11.3 EVALUATION OF TECHNICAL CAPABILITY

11.3.1 Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS paragraph(s) 5.0 through 5.2.2.

11.4 Reserved

11.5 EVALUATION OF PRICE FACTOR

11.5.1 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.

11.5.2 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.

11.5.3 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.

11.5.4 Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether quotes are unbalanced between line items or subline items, as well as unbalance between periods. 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.

11.5.5 Options. The Government will evaluate quotes 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).

Additionally, as part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by calculating the price for six months of performance using the monthly pricing from the offeror's final option period prices. The calculated six-month price will be added to the offeror's total proposed price. Thus, the offeror's total price for the purpose of evaluation will include the base period, all option periods, and the calculated six-month extension price. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions. JUN 2020

52.203-5 Covenant Against Contingent Fees. MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government. JUN 2020

52.203-7 Anti-Kickback Procedures. JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. MAY 2014

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

SEP 2007

52.203-13 Contractor Code of Business Ethics and Conduct. NOV 2021

52.204-7 System for Award Management. OCT 2018

52.204-14 Service Contract Reporting Requirements. OCT 2016

52.204-16 Commercial and Government Entity Code Reporting. AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance. AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.204-26 Covered Telecommunications Equipment or Services-Representation. OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application. JUN 2023

52.207-1 Notice of Standard Competition. MAY 2006

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. MAR 2023

52-212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

DEC 2022

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

DEC 2022

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services.

JUN 2023

52.217-4 Evaluation of Options Exercised at Time of Contract Award. JUN 1988

52.217-5 Evaluation of Options. JUL 1990

52.219-1 Small Business Program Representations. MAR 2023

52.219-6 Notice of Total Small Business Set-Aside. NOV 2020

52.222-50 Combating Trafficking in Persons. NOV 2021

52.222-55 Minimum Wages Under Executive Order 13658. JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

52.224-2 Privacy Act. APR 1984

52.224-3 Privacy Training JAN 2017

52.232-1 Payments APR 1984

52.232-19 Availability of Funds for the Next Fiscal Year. APR 1984

52.232-33 Payment by Electronic Funds Transfer-System for Award Management OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013

52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004

52.237-3 Continuity of Services. JAN 1991

52.252-2 Clauses Incorporated by Reference. FEB 1998

52.252-4 Alterations in Contract. APR 1984

52-252-6 Authorized Deviations in Clauses. NOV 2020

252-201-7000 Contracting Officer's Representative. DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. DEC 2022

252.204-7000 Disclosure of Information OCT 2016

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. JAN 2023

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

252.232-7010 Levies on Contract Payments. DEC 2006

252.243-7001 Pricing of Contract Modifications. DEC 1991

252.243-7002 Requests for Equitable Adjustment. DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services. JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

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 or 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 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) Representation. 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:

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

(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)).

https://www.acquisition.gov/far/part-52#FAR_52_203_19

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

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

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

(5) 52.232-40, 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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_X_ (9) 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).

_X_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15…