238 Meals Pre-Solicitation Compliance Review Checklist_FINAL.doc

DOC document 337 KB Posted May 4, 2022

Attached to: 238th_AV_Training_Meals Federal contract opportunity
Solicitation number: W912TF22Q0030
Issued by: Department of the Army National Guard

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Answers to Questions W912TF22Q0030.docx	DOCX document	May 4, 2022
238 AT Meals PWS.pdf	PDF	Apr 20, 2022
AT 14 day Meal Plan_FINAL.pdf	PDF	Apr 20, 2022
Provisions and Clauses_W912TF22Q0030_FINAL.pdf	PDF	Apr 18, 2022
W912TF22Q0030 Pricing Sheet_FINAL.docx	DOCX document	Apr 18, 2022

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NATIONAL GUARD BUREAU COMPLIANCE REVIEW CHECKLIST – PRE-SOLICITATION

COMPLIANCE REVIEW LOG #:

DATE OF REVIEW: 04/15/2022

REVIEWER: SSgt Alyssa Jackson

CONTRACTING OFFICE: JCO USPFO NH

RFQ/RFP #: W912TF22Q0030

PROPOSED CONTRACT TYPE: FFP

PCO/CONTRACT SPECIALIST: SSgt Alyssa Jackson

EST. RELEASE/AWARD DATE: May 15, 2022

ACQUISITION NAME: 238th Av Training Meals

TYPE OF BUY (SUPPLY OR SERVICE): Supply

SOLE SOURCE OR COMPETITIVE: Competitive

ESTIMATED VALUE (including options): $27,846.00

Y/N/NA

DESCRIPTION

COMMENT

I. Requirements Package

Acquisition Plan prepared and approved IAW regulation/policy? (Acquisitions >= $10M for development; >=$50M for all years or $25M in an individual year for production/services - not required for final buyout or one-time buy unless multiyear contract or contract with options or phases.) FAR 7.103; FAR 7.105; FAR 7.106; FAR 7.107; FAR 7.108; DFARS 207.105; DFARS 207.106; PGI 207.105; DFARS 207.103(d)(i)(B); AFARS 5107.103; NGB PIM 2021-04

(PIM 2021-04 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs)) Under SAT

Acquisition Strategy accurately prepared/approved and in file? (all services >SAT) AFARS 5137.5; NGB PIM 2021-05

(PIM 2021-05 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs)) Under SAT

AT/OPSEC Cover Sheet in file? (required for all services and all supplies >SAT; not required for supplies < SAT, field ordering officer actions, and GPC purchases) AFARS 5107.9101

(ATOPSEC Cover sheets for ARNG and ANG can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates) Supply

If action is for commercial IT hardware software, or services and not using a CHESS or approved AF contract vehicle, is an approved CHESS/AFWAY Waiver in file? AFARS 5139.101-90; AFMAN 17-1203, Chapter 4

(see Network-Centric Solutions-2 to 2nd Generation IT (2GIT) Transition memo dated Oct 2019 for current AF approved source (in place of NETCENTS) required for Air Force funded IT services)

NOT IT

If access to classified information may be required, is the electronic Contract Security Classification Specification, DD Form 254, attached to the solicitation? FAR 4.403(c); DFARS PGI 204.403(1); AFARS 5104.403; AR 715-30 (Secure Environment Contracting, dated 23 SEP 2019) Para B-3.g; AR 380-49 (Industrial Security Program, dated 20 Mar 2013) Para 1-29 and Chapter 4

Classified access not required

Is the draft solicitation DD Form 254 signed by the Security Manager? The Requiring Activity's (RA's) Industrial Security Specialist must sign DD Form 254, block 17 acknowledging and accepting the security requirements. Include clause 52.204-2 in the solicitation; FAR 4.404(a); AFARS 5104.403; AR 715-30, Para B-4.g; AR 380-49 (Industrial Security Program, dated 20 Mar 2013) Para 1-29 and Chapter 4

Classified access

Funding, certified, proper amount, proper appropriation, proper time or short of award memo or conditioned on availability of funds in file? FAR 4.803(a)(3); FAR 32.702; AFARS 5132.702, NGB PIM 2016-03

(PIM 2016-03 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs)) Gfebs in PCF

For Actions > SAT is IGCE/revised IGCE signed by preparer and preparer’s supervisor; certification of independent development by the Government prior to seeking any formal proposals from contractors; enough detail to verify the validity of the contractor's proposal and include a basis of estimate? FAR 4.803(a)(7); AFARS 5107.9002; DoD Independent Government Cost Estimate (IGCE) Handbook for Services Acquisition, last updated Feb 2018

Under SAT

Was Market Research (less than 12 months old) conducted in accordance with regulation and documented in the official contract file? (Required > SAT or, if less than SAT, when information is not available and circumstances justify the cost.) PARC Policy Alert # 15-80 requires Market Research to include an assessment of the Preferred Source Initiatives/Category Management Requirements. FAR 4.803; FAR 10.001; FAR 10.002; FAR 12.101(a); FAR 12.202; FAR 19.501; DFARS 210.001; AFARS 5110.002; PARC Policy Alert # 15-80: Selection of Army Strategic Sourcing Initiatives as a Preferred Source (Effective 20 May 2015) Was Market Research Template on GKO used?

(NGB Market Research Report Template can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates) Market research in PCF

For actions limiting competition to Name Brand, peculiar to one manufacturer, etc., was Market Research conducted to identify alternatives brands/products. FAR 6.302-1; FAR 8.405-6(b); FAR 13.501(a)

Is FAR Clause 52.210-1, Market Research, in solicitation and contracts over $6 million for the procurement of items other than commercial items? FAR 10.003; FAR 52.210-1

Under $6M

Is the work statement prepared as a Performance-Based Work Statement (PWS) and contract deliverables clearly defined and traceable to the PWS? Is the revised PWS in the file? FAR 37.602(b)(1) Validate whether latest PWS template was used (security requirements updated Jan 2021)

(NGB PWS/PRS Template can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > PRP & Customer Templates) PWS in PCF

Does the work described in the PWS exclude inherently Governmental tasks? FAR 7.503; FAR 37.102(c); DFARS 207.503; AFARS 5107.503

Does the PWS/SOW include the requirement for contractors to complete Service Contract Reporting (SCR) for contracts with a total value over $3M (Note: Reporting has now transitioned from eCMRA to SAM and the SCR language in the PWS template has been updated)? AFARS 5137.9101; Policy Alerts # 20-109, #21-07, #21-09

If yes, does solicitation include 252.204-7023 Reporting Requirements for Contracted Services and NGB PWS template language?

Does the PWS identify the minimum performance standards (i.e., in terms of quality, timeliness, quantity, etc.) that will be acceptable to the Government and any incentives/disincentives that may be assessed? FAR 37.601(b) NOTE: PRS should not contain a performance standard for every task described in the PWS.

If the Army contract directs vendors to screen, for installation and facility access, contractors who are not CAC-eligible, does the PWS/SOW comply with Army Directive 2014-05 (for ARNG contracts) or AFI 10-245, AFI 31-101 and AFMAN 31-113 (for ANG contracts)? Validate whether latest PWS template was used (security requirements updated Jan 2021).

Is a Quality Assurance Surveillance Plan (QASP) documented in the contract file? Mandatory whenever a COR is appointed, unless specifically exempted in writing by the contracting officer. Mandatory for service contracts greater than SAT. FAR 37.603; FAR 37.604; FAR 46.102; FAR 46.401; DFARS 246.401; DASA(P)/SAAL-PP Memo - Post Award Oversight and Surveillance of Contracts, dated 21 Oct 10

(QASP Template can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates>PRP & Customer Templates) supply

Has a Contracting Officer's Representative (COR) been nominated via the JAM module in PIEE? A COR is required for all service contracts unless exempted in writing by the KO IAW PGI 201.602-2. FAR 1.602-2(d); DFARS 201.602-2(d)(1); AFARS 5101.602-2-91(a); DoDI 5000.72 DoD Standard for Contracting Officer’s Representative (COR) Certification, dated 26 March 2015, incorporating change 2 dated 6 Nov 2020, para. 3 and enclosure 3; DoD Contracting Officer’s Represenatives Guidebook, May 2021

Supply

Are copies of the COR’s refresher/updated training and certification of OGE Form 450 uploaded in PIEE? Is the training current? 5 CFR Part 2634.904; FAR 4.8; DFARS 201.602(d)(1); DFARS PGI 201.602-2(d); AFARS 5101.602-2-91; DoDI 5000.72 DoD Standard for Contracting Officer’s Representative (COR) Certification, dated 26 March 2015, incorporating change 2 dated 6 Nov 2020, para 3, Enclosures 3,4, and 5 and Tables 2, 3, and 4; DoD Contracting Officer’s Represenatives Guidebook, May 2021

Supply

Is a properly completed Request for Service Contract Approval Form (RSCAF) signed by the accountable General Officer or Senior Executive in file? AFARS 5107.503(e); AR 70-13 (Management and Oversight of Service Acquisitions, dated 30 July 2010) 2-2d

Supply

II. Pre-Solicitation Notice

Evidence of synopsis for at least 15 days in the file? Actions between $15,000 and $25,000 must be displayed in a public place or by any electronic means and those over > $25,000 are required to be synopsized in beta.sam.gov unless Contracting Officer determination in the file indicating what exception applies. RFQs are mandatory for GSA actions >SAT or Brand Name >$25K. Do not use a combined synopsis/solicitation for CHESS/AFWAY actions. FAR 5.101(a)(1), FAR 5.101(a)(2), FAR 5.202; FAR 205(f); FAR 8.405-1(d)(2); FAR 8.405-1(e); FAR 12.203; FAR 12.206; FAR 13.105; FAR 16.505(a)

To be posted on sam.gov for over 15 days

III. Reviews/Approvals/Justifications

Approval for Single Award Task/Delivery Order Contract (SATOC) >$100M obtained. FAR 16.504(c)(1)(ii)(D); DFARS 216.504(c)(1)(ii)(D)

Under $100M

For acquisitions greater than the SAT, if a non-DoD contract is being used (includes GSA), does the contract file comply with acquisition regulations, and the Army's Policy for use of Interagency Acquisitions, 30 June 2014? Completion of non-DoD Contract Approval Form and Economy Act D&F as appropriate? FAR 17.5; DFARS 217.5; DFARS 217.7; AFARS 5117.5; PARC Policy Alert #14-64 (Interagency Acquisitions); PARC Policy Alert # 19-131

(Army’s Non-DoD Contract Vehicle Form and Economy Act D&F can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates>PRP & Customer Templates) (NOTE: See NGB specific guidance on the Directorate of Acquisitions GKO site entitled Assisted Acquisitions for Offloads), which can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions >Assisted Acquisition [purple rectangle on right side of page]) Under SAT

If competition is limited in any way, is there a signed Determination (if estimated cost is under the SAT) or a signed J&A (if above the SAT or >$100M for 8(a)) with the appropriate level approvals in the official contract file – Sole Source, Brand Name, Unusual and Compelling Urgency, Exception to Fair Opportunity? Section 803 of the NDAA for 2002; Section 888(a) of the NDAA for 2017; Section 823 of the NDAA for 2020; FAR 4.803(a)(2); FAR 6.302; FAR 6.303; FAR 6.304; FAR 8.405-6; FAR 13.106-1(b); FAR 13.501; FAR 16.505; DFARS 206.302-1; DFARS 206.303-1; DFARS PGI 206.305 Were the Army and NGB templates used?

(Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Compliance Tools and Templates > J&A Templates)

Were legal reviews obtained in accordance with regulation and incorporated into the official contract file? AFARS 5101.602-2-90; AFARS 5104.803(a)(24); Local Guidance

No legal

Were internal/external reviews and approvals obtained as required (CoCo review, Compliance review/SRB, etc.? DFARS 201.170; AFARS 5101.170; NGB PIM 2021-03

(NGB PIM 2021-03 can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Oversight Library > Procurement Implementation Memorandums (PIMs))

DD 2579 prepared for all actions (including Federal Supply Schedules and scope increase mods) over $10K (except those under the SAT that are totally set aside for small business concerns IAW FAR 19.502-2), applicable signatures/approvals obtained, and supported by market research? FAR 19.502-2(a); DFARS 219.201(c)(10)(A); OUSD Memo dated 11 July 2012, Increasing Opportunities for Small Business through Small Business Set-Asides Under the SAT (NOTE: DD 2579 must be completed in the VCE DD2579 module)

Small business set aside

For commercial contracts, does the file contain a written commerciality determination by the contracting officer for acquisitions exceeding $1M? FAR 2.101; FAR 12.101(a); DFARS 212.102

(NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates) Under $1M

Is a Determination for including and evaluating options in file? FAR 17.202; FAR 17.205, FAR 17.206

(NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates) No options

Does the D&F supporting a lack of subcontracting possibilities provide a reasonable/ supportable basis and approved at a level above the Contracting Officer? FAR 19.705-2(c)

(NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates)

Is a D&F justifying use of Time and Materials (T&M) or Labor Hour (LH) contract with required approval level prior to issuance of solicitation in file? FAR 12.207(b)(2); FAR 16.601(d)(1)(i) and (ii); DFARS 212.207; DFARS 216.601(d)(i)(A)(2); DFARS Class Deviation 2012-O0016 ; PARC Policy Alert #14-60

(NGB D&F Templates can be accessed on GKO using the following path: OCNGB > OCNGB Staff > Directorate of Acquisitions > Acquisition Compliance > Policy Tools and Templates > D&F Templates)

IV. Solicitation

Does the solicitation require completion of applicable certifications and representations via the System for Award Management (SAM) (www.sam.gov)? FAR 4.1202; FAR 12.301(b)(2)

See COMBO and Provisions and clauses

Are actions > $25,000 synopsized in beta.sam.gov unless Contracting Officer determination in the file indicating what exception applies? (Actions between $15,000 -$25,000 displayed in a public place?) RFQs are mandatory for GSA actions >SAT or Brand Name >$25K. FAR 5.101(a); FAR 5.202; FAR 5.205(f); FAR 8.405-1(d)(2); FAR 8.405-1(e); FAR 12.203; FAR 12.206; FAR 13.105

(Note: Do not use a combined synopsis/solicitation for CHESS actions.)

Is the North American Industry Classification System (NAICS) code selected appropriate for the procurement if greater than the micro purchase threshold (MPT)? FAR 19.303; DFARS 219.303; OUSD(AT&L) Memorandum SUBJECT - Correctly Identifying Size Status of Contractors, dated July 21, 2010

722320- Caterers

If the action was greater than the MPT and below the SAT, was it exclusively reserved for small business concerns unless the contracting officer documented the file for unrestricted purchase? FAR 19.502-2

See provsiions and clauses and COMBO

If soliciting Brand Name or Equal, are salient characteristics identified? FAR 11.104; DFAR 11.105; DFARS PGI 211.105

Does the solicitation and contract line item describe the products or services to be delivered in a quantity and unit of measure that relates to actual deliveries or contract performance completion? Are Periods of Performance or Delivery Dates identified for each CLIN/SLIN? No contract action should be issued using lump sum or dollars as a unit of measure. FAR 4.1001; DFARS 204.7103; DFARS 204.7103-1(a)(3); DPAP Memo 3 Oct 2011, Subject - Contract Line Item Pricing Integrity, Policy Alert #19-139

See CLINS in RFQ

If amendments were issued to the solicitation, were they issued in accordance with the regulation and placed in the official contract file? FAR 14.208 for IFBs; FAR 15.206 for Negotiated Procurements

No amendments

Does the commercial solicitation include all applicable commercial clauses? FAR 12.301 Validate no duplications in clauses incorporated by reference or in full text

See provisions and clauses

Does the commercial streamlined solicitation (combined synopsis/solicitation) contain the additional information/details describing the action, terms and conditions, etc. provided in FAR 12.603(c)(2)?

See provisions and clauses and see COMBO

If the contract will be awarded to a Small Business over the SAT, does the solicitation include 52.219-8 Utilization of Small Business Concerns? FAR 19.708(a)

Under SAT

Is FAR clause 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters included if the action is expected to exceed $600K? FAR 9.104-7

Under $600K

Is FAR clause 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards included when your solicitation is $30,000 or more? FAR 4.1403

Under $30K

If acquisition is expected to exceed $750K and offers subcontracting opportunities, does the solicitation include FAR clause 52.219-9? Does not apply to small business concerns. FAR 19.702(a); FAR 19.708(b)

Under $750K

If the PWS/SOW includes the information assurance requirement, did you include DFARS I/A Contractor Training and Cert Clause 252.239-7001? DFARS 239.7103

KTR will not have network access

Is the Privacy Act FAR clauses 52.224-1 and 52.224-2 included that require the design, development or operation of a system of records on individuals? FAR 24.104

KTR will not create system of records

Did you include FAR clause 52.232-39, Unenforceability of Unauthorized Obligations? (required in all solicitations and contracts) FAR 32.706-3; PARC Policy Alert #13-67

See provisiosn and clauses

Is FAR Clause 52.219-14, Limitations on Subcontracting, included in solicitation and contract for supplies and services if any portion of the requirement is to be set aside or reserved for small business or 8(a) concerns? FAR 19.508(e); FAR 19.811-3(e);

Subcontracting not required.

Does the solicitation comply with the Sustainable Acquisition Policy and advance sustainable acquisition by requiring products that are 1) energy efficient, 2) water efficient, 3) biobased, 4) environmentally-preferable, 5) non-ozone depleting, or 6) made with recovered materials? FAR 23.002; FAR 23.103; Executive Order 13514

For contracts acquiring energy-consuming products or for services or construction that include the energy-consuming products, are ENERGY STAR or FEMP-designated products specified and FAR 52.223-15 included? 42 U.S.C. 8259; FAR 23.203(a); FAR 23.206

If applicable, does the solicitation contain a provision that imposes limitations on contracting to avoid, neutralize, or mitigate actual or potential organizational conflict of interest (OCI)? FAR 9.507-1

If options are included, does the solicitation state how they will be evaluated? FAR 12.602(b); 17.203(b); FAR 52.212-2

No options

If Options are included, is the FAR 52.217-8 - Option to Extend Services clause included in the solicitation and appropriately filled in? FAR 17.208(f); FAR 52.217-8;

No options

When Option Periods are included, is the FAR 52.217-9 - Option to Extend the Term of the Contract clause included in the solicitation and appropriately filled in? FAR 17.208(g); FAR 52.217-9

No options

If appropriate, is FAR Clause 52.237-3, Continuity of Services, included in the solicitation when services are considered vital and must be continued without interruption and the government anticipates difficulties during the transition from one contractor to another and there is enough time for it to be included? FAR 37.110

Prior to issuing a solicitation on a sole source basis or if all potential offerors are known, was exclusions of offerors checked and included in file? (www.sam.gov) SAM is required to be checked twice per FAR 9.405(d)(1) and (d)(4); Army memo SUBJECT: Mandatory Use of Robotic Process Automation (RPA) Contractor Responsibility Determination “Bot” for the Army Contracting Enterprise, dated 20 DEC 2019; Information Alert #20-27; https://procurement.army.mil/BOT

Not sole source

Is Homeland Security Presidential Directive-12 (HSPD-12) for Personal Identity Verification Procedures included in the PWS and the FAR clause 52.204-9 in the solicitation? Not required for intermittent access or the contract is for less than 6 months; however, if the contractor requires access to DoD networks the clause applies. FAR 4.1303; SecArmy Memo dated 31 Oct 13, SUBJECT - Uncleared Contractor Common Access Card Credentialing and Installation Access

Was FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct, included in full text in all solicitations expected to exceed $6M and where the performance period is 120 days or more? FAR 3.1004(a); PARC Policy Alert #14-10

Under $6M

Was SF 1449, Solicitation/Contract/Order for Commercial Items used to place orders for commercial items exceeding the SAT? (NOTE: not used for a combined synopsis/solicitation) FAR 12.603(b); DFARS PGI 208.406-1

Under SAT

For FSS actions above SAT, did the RFQ include a description of the supplies to be delivered/ services to be performed and the basis of award? FAR 8.405-1(d)(2)

SAT

When soliciting quotations or offers under SAP, did the contract file documentation support that the Contracting Officer notified potential quoters or offerors of the basis on which award would be made (price alone or price and other factors)? FAR 13.106-1(a)(2)

See 52.212-2

Have the appropriate DFARS Trade Agreement and Buy American Act or Balance of Payments clauses been included in the solicitation and resultant supply contract? DFARS 225.872-1(a) for Excepted/Qualifying Country List; DFARS 225.1101(1), (2), (5) through (11)

Does the solicitation include a separate line item to allow for payment of the requirement for contractors to complete the Army's Service Contract Reporting in service contracts greater than $3M, meeting the requisite portfolio categories/PSC Codes? AFARS 5137.9101; Policy Alerts # 20-109, #21-07, #21-09

Under $3M

If the acquisition is Subject to Availability of Funds, are the applicable clauses contained in the solicitation - FAR 52.232-18 or 52.232-19? FAR 32.706

Are the WAWF Clauses, DFARS 252.232-7003 (by reference) and DFARS 252.232-7006 (full text) included in the solicitation? DFARS 232.7004

In 252.232-7006(f)(3), are approved Army DoDAACs used in the fill ins for the “Issued by” and “Admin” fields? eBiz Announcement: “Usage of FA6 DODAACs prohibited as Issue or Admin DODAAC on Contract” email dated 28 June 2021 See provisions and clauses

If contract requires payment instructions, is DFARS 252.204-7006 included in the solicitation? DFARS 204.7109

See provisions and clauses

If services are covered by the Service Contract Labor Standards, are the most recent wage determinations and applicable clauses included in the solicitation? (services contracts > $2500) FAR 22.1006

Supply

Did the Contracting Officer verify that the Requiring Activity clearly demonstrated that providing Government Property met the four elements in FAR 45.102/DFARS PGI 245.103-70 and ensure that the justification is documented in the contract file? (does not include property for repair, maintenance, overhaul or modification or property that is “incidental to the place of performance”) FAR 45.102(b); DFARS PGI 245.103-70; instructions in NGB PWS Template, part 3

Did the Contracting Officer insert a listing of the GFP, in the required fillable format, to be offered/provided in the solicitation/contract where GFP was anticipated/furnished (not required for property that is “incidental to the place of performance”)? FAR 45.201(a); DFARS PGI 245.103-72; instructions in NGB PWS Template, part 3

Did the Contracting Officer specify in a competitive solicitation that the contractor is responsible for all costs related to making the property available for use, such as payment of all transportation, installation or rehabilitation costs? FAR 45.201(b)

No GFP

Did the Contracting Officer ensure that the solicitation described the evaluation procedures to be followed, including rental charges or equivalents or other costs or savings to be evaluated, and required all offerors to submit the required information to evaluate use and charges including a Property Management Plan? FAR 45.201(c)(1)-(4)

No GFP

Are additional property management instructions not addressed in FAR 52.245-1 specifically addressed in the SOW/PWS or in a special provision? FAR 45.201(d)

Are the appropriate property clauses in the solicitation? FAR 45.107; DFARS 211.274-6; DFARS 245.107;

When the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public, is DFARS clause 252.204-7000, Disclosure of Information included? DFARS 204.404-70(a)

Is DFARS clause 252.204-7003, Control of Government Personnel Work Product, included in all solicitations and contracts? DFARS 204.404-70(b)

See provisions and clauses

Is clause 52.222-50, Combating Trafficking in Persons, included in all solicitations/contracts? FAR 22.17

See provisions and clauses

Is DFARS clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, included in all solicitations/contracts that exceed the SAT? DFARS 203.970

Under SAT

Is DFARS Clauses 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, included in all solicitations and 252.204-7012, Safeguarding of Unclassified Controlled Technical Information, included in all solicitations and contracts, including FAR Part 12 Acquisition of Commercial Items except for those solely for COTS items? DFARS 204.7304

See provisions and clauses

Does the solicitation/contract contain the appropriate regulatory clauses for IT contracts for Cyberspace and Cybersecurity, including 252.239-7001, Information Assurance Contractor Training and Certification; 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information and 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident

Reporting? DoD Directive 8140.01, "Cyberspace Workforce Management"; DoD Directive 8570.01-M, "Information Assurance Workforce Improvement Program" Not IT

Is FAR clause 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities included in all solicitations and contracts? FAR 4.2004

(When using FAR part 12, this clause is automatically included if clause 52.212-5 is included; clause must be included separately if using DoD Class Deviation 2018-O0021, SEP 2018, instead of 52.212-5) See provisions and clauses

If procuring a covered system or covered item of supply, are all necessary performance specifications, evaluation factors, provisions and clauses (DFARS 252.239-7017, 252.239-7018) to enable use of the authorities in Section 806 pursuant to DFARS 239.73 included? DFARS 239.7306

Not a covered system

Does the COR possess the required training to oversee IT contracts for Cyberspace and Cybersecurity? DoD Instruction 5000.72, DoD Standard for Contracting Officer's Representative (COR) Certification, dated 26 March 2015, incorporating change 2, dated 6 Nov 2020

COR Waiver in PCF

Is DFARS Provision 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEVIATION 2021-O0006) included in the solicitation if the contract is not for the acquisition of commercial satellite services that is expected to result in contracts of $150,000 or more? Follow prescription in Deviation in lieu of the prescription in DFARS 225.771-5.

Note: If the solicitation includes the provision at FAR 52.204-7, do not separately list this provision in the solicitation.

Under $150,000

Is DFARS Clause 252.225-7051 - Prohibition on Acquisition of Certain Foreign Commercial Satellite Services (DEVIATION 2021-O0006) in the contract if the contract is for the acquisition of commercial satellite services? Follow prescription in the deviation in lieu of the prescription in DFARS 225.772-5(b)

Not satellite service

Is a price reduction requested for GSA actions >SAT? FAR 8.405-4

Under SAT

Is/Are the proper FAR Quality Clause(s) in the contract? FAR 46.201(a); FAR subpart 46.3

If submission of cost or pricing data or information other than cost or pricing data will be required, does the solicitation include provisions FAR 52.215-20 and 52.215-21 (if for modifications)? FAR 15.408(l)&(m)

Has the KO documented the file with the D&F justifying the use of LPTA? DFARS 215.101-2-70(a)(viii) (NOTE: carefully review all limitations and prohibitions for use of LPTA IAW DFARS 208.405, DFARS 212.203(1); DFARS 213.106-1(a)(2)(ii); DFARS 215.101-2-70; and DFARS 216.505(b)(1)(A))

Trade-off

Does the solicitation clearly identify all evaluation factors and significant sub-factors and their relative importance when conducting a negotiated procurement using a trade-off approach? FAR 15.101-1(b)(1)&(2)

Does the solicitation clearly establish the acceptability criteria of all evaluation factors and significant sub-factors when conducting a negotiated procurement using a LPTA approach? FAR 15.101-2(b)(1)&(2)

Trade-off

If discussions are not expected, is it clearly stated in the solicitation that the award may be made without discussions? FAR 52.212-1(g); FAR 15.209(a); FAR 52.215-1(f)(4)

See 52.212-1(g)

If the Contracting Officer determined the use of evaluation factors were appropriate for a commercial item, were the evaluation factors established in the solicitation? FAR 12.602; FAR 12.301(c); FAR 13.106-1(a)(2) if Commercial under SAP

True eval factors not used

Appointment of SSA. For acquisitions with a total estimated dollar value of $100M or more, is the SSA an individual other than the PCO? For all other acquisitions, the PCO may serve as the SSA. FAR 15.303; DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

Under $100M

Is the Source Selection Plan (SSP) approved before release of solicitation? (FAR 15.303(b)(2); DoD Source Selection Procedures, dated 31 Mar 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

No SSP

Are the appropriate Technical/Risk Rating Tables and Past Performance Relevancy Ratings Table included in the SSP? DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

No SSP

Are the Source Selection Plan evaluation factors, significant sub-factors and their relative importance consistent with Sections L&M (exactly as they appear in the SSP; note relative importance not required for LPTA)? DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

No SSP

Does the solicitation provide clear instructions for the structure and format of proposals (e.g., page limits, separate volumes, # of copies, etc.)? FAR 52.212-1; FAR 15.204-5(b)

See 52.212-1

Do the proposal submission requirements provided in Section L (or equivalent) track to the information related to the evaluation criteria in Section M (or equivalent) and the PWS? FAR 12.301(b)(1); FAR 52.212-1; FAR 52.212-2; FAR 15.204-5(b)

UCF format not used

Does the solicitation provide for the mandatory evaluation considerations of Quality? FAR 15.304(c)(2); DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

Are the evaluation criteria designed to support meaningful comparison and true discrimination between competing proposals? FAR 21.602; FAR 15.304; DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

Does the solicitation state whether all evaluation factors other than cost or price, when combined, are either (1) significantly more important than cost or price; (2) approximately equal to cost or price, OR; (3) significantly less important than cost or price? FAR 12.602(a); FAR 13.106-1(a)(2)(iii); FAR 15.304(e); DoD Source Selection Procedures, dated 31 March 2016; AFARS Appendix AA: Army Source Selection Supplement (AS3)

See 52.212-2

Has the Contracting Officer documented the reason past performance is not an appropriate evaluation factor for the acquisition? FAR 12.602(b); FAR 15.304(c)(3)(iii)

If discussions are expected for procurements $100M or more, did the Contracting Officer include FAR 52.215-1, Alt 1 in the solicitation? FAR 15.209(a); DFARS 215.209

Under $100M

Have the acquisition milestones been updated prior to release of solicitation? PARC Policy Alert #18-121 ASA(ALT) Strategic Approach to Lead Time

Is FAR Provision 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment included in the solicitation? FAR 4.2105 (Note: required for all solicitations issued on or after 13 Aug 2020)

See Provisions and Clauses

Is FAR Clause 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment included in the solicitation? FAR 4.2105 (Note: required for all solicitations issued on or after 13 Aug 2020)

Is FAR Provision 52.204-26 Covered Telecommunications Equipment or Services-Representation, included in the solicitation? FAR 4.2105

See provisions and clauses

Are DFARS Provisions 252.204-7016 - Covered Defense Telecommunications Equipment or Services—Representation, DFARS Provisions 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation and DFARS Clause 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, in the solicitation? DFARS 204.2105 (Note: Required for all solicitations after 31 December 2019)

See provisions and clauses

Is DFARS Provision 252.239-7098, Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (APRIL 2021), in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12.

See provisions and clauses

Is DFARS Provision 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations included in the solicitation? DFARS 213.106-2 Applies to competitive solicitations for supplies valued at less than or equal to $1 million under the authority at FAR subpart 13.5.

See provisions and clauses

Is clause 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) included in all solicitations for services that exceed the SAT? Note: Applies to solicitations issued on or after 15 Oct 2021

Under SAT

Indefinite Delivery Indefinite Quantity (IDIQ) Contracts

Did the Contracting Officer document the decision whether or not to use multiple awards in the acquisition plan or contract file? FAR 16.504(c )(1)(ii)(C)

NOT an IDIQ

When documenting the decision to award a single-award IDIQ contract with an estimated value exceeding $100M, did the Contracting Officer's determination address the requirements of FAR 16.504(c)(1)(ii)(D)(1) and DFARS 216.504(c)(1)(ii)(D)?

NOTE: Authority to approve is the Army Senior Procurement Executive.

NOT an IDIQ

Does the solicitation and contract specify the period of performance for the contract, including the number of options and the period for which the Government may extend the contract under each option? FAR 16.504(a)(4)(i)

NOT an IDIQ

Does the solicitation and contract specify the total minimum and maximum quantity of supplies or services the Government will acquire under the contract? FAR 16.504(a)(4)(ii)

NOT an IDIQ

Is a statement of work, specifications, or other description included that reasonably describe the general scope, nature, complexity and purpose of the supplies or services being acquired? FAR 16.504(a)(4)(iii)

NOT an IDIQ

Is a description of the activities authorized to issue orders included? FAR 16.504(a)(4)(vi)

NOT an IDIQ

Has the agency task and delivery order ombudsman been included if multiple awards may be made? FAR 16.504(a)(4)(v)

NOT an IDIQ

Does the contract state the procedures that the Government will use in issuing orders? FAR 16.504(a)(4)(iv)

NOT an IDIQ

Task/Delivery Orders

Was market research conducted before awarding a task or delivery order under an IDIQ contract for a noncommercial item in excess of the SAT? The Contracting Officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate and relevant. FAR 10.001(a)(2)(v)); FAR 10.002(b)(1) NOTE: The contracting officer must certify in writing the market research is still current, accurate, and relevant and document how this was validated.

Not a DO/TO

If fair opportunity was not provided to all contractors within the Multiple Award ID/IQ pool, was the exception to fair opportunity documented in writing and placed in the file? FAR 16.505(b)(2)(ii)(A) or (B)

Not a DO/TO

Last update: 07 October 2021

CLAUSES INCORPORATED BY REFERENCE

52.203-11

Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-18

Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

52.203-19

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7

System for Award Management

OCT 2018

52.204-8

Annual Representations and Certifications

MAR 2020

52.204-9

Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13

System for Award Management Maintenance

OCT 2018

52.204-16

Commercial and Government Entity Code Reporting

AUG 2020

52.204-17

Ownership or Control of Offeror

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

52.204-20

Predecessor of Offeror

AUG 2020

52.204-22

Alternative Line Item Proposal

JAN 2017

52.204-23

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

JUL 2018

52.204-25

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

AUG 2020

52.209-2

Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-5

Certification Regarding Responsibility Matters

AUG 2020

52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10

Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11

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

FEB 2016

52.212-3

Offeror Representations and Certifications--Commercial Items

FEB 2021

52.219-6

Notice of Total Small Business Set-Aside

OCT 2020

52.219-14

Limitations On Subcontracting

MAR 2020

52.219-28

Post-Award Small Business Program Rerepresentation

NOV 2020

52.222-3

Convict Labor

JUN 2003

52.222-19

Child Labor -- Cooperation with Authorities and Remedies

JAN 2020

52.222-20

Contracts for Materials, Supplies, Articles, and Equipment

JUN 2020

52.222-21

Prohibition Of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-36

Equal Opportunity for Workers with Disabilities

JUN 2020

52.222-41

Service Contract Labor Standards

AUG 2018

52.222-50

Combating Trafficking in Persons

OCT 2020

52.222-55

Minimum Wages Under Executive Order 13658

NOV 2020

52.222-62

Paid Sick Leave Under Executive Order 13706

JAN 2017

52.223-5

Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-15

Energy Efficiency in Energy-Consuming Products

MAY 2020

52.223-18

Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-22

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-13

Restrictions on Certain Foreign Purchases

FEB 2021

52.225-25

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

JUN 2020

52.232-33

Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.237-1

Site Visit

APR 1984

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7005

Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003

Control Of Government Personnel Work Product

APR 1992

252.204-7008

Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7009

Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016

Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.213-7000

Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7000

Buy American--Balance Of Payments Program Certificate--Basic (Nov 2014)

NOV 2014

252.225-7001

Buy American And Balance Of Payments Program-- Basic

DEC 2017

252.225-7048

Export-Controlled Items

JUN 2013

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006

Wide Area WorkFlow Payment Instructions

DEC 2018

252.232-7010

Levies on Contract Payments

DEC 2006

252.237-7010

Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.244-7000

Subcontracts for Commercial Items

JAN 2021

252.225-7050

Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEVIATION 2021-O0006)

JUN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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--

(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…

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