G
COMBINED SYNOPSIS/SOLICITATION- W15QKN-21-Q-0033
For
Materialise Brand Name “Magic” Commercial Software Licenses and Maintenance
Section I: Introduction
This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation W15QKN-21-Q-0033 is issued as a Request for Quote (RFQ), and the incorporated provisions and clauses are those in effect through the a. Federal Acquisition Circular (FAC) 2021-05, effective 03/10/2021 located on https://www.acquisition.gov/browse/index/far and b. DFARS Publication Notice, effective 20210224, 02/24/2021 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/.
The NAICS code for this requirement is 511110 and the small business size standard is 1000 employees. This brand name procurement is being issued using full and open competitive procedures in accordance with FAR 13.106-1(b)(1). DPAS Rating is not applicable. A redacted limiting competition memorandum for record signed and approved by the Contracting Officer is included with this combined synopsis/solicitation.
The Army Contracting Command-New Jersey (ACC-NJ) intends to award a 12 month, Firm Fixed Price Purchase Order with 2 twelve month option periods to procure several Materialise brand name commercial software licenses and associated commercial software license maintenance in order to provide high quality manufacturing and prototyping support to their customers and stakeholders, in accordance with the Performance Work Statement enclosed below. In addition, the Government may exercise a firm fixed price option early for an additional license quantity or associated maintenance, if/when the purchase order is still open/active. The information requested below is required for proposal consideration, and this RFQ is to be completed (in its entirety) and returned with the Offeror’s proposal:
TOTAL PROPOSED PRICE: $
Company Name: Physical Address
POC: Mailing Address:
Telephone #: Tax ID #:
E-mail address: Business Size:
Fax#:
Mailing Address:
DUNS #:
CAGE Code:
Quotes are required to include company name, address, contractual point of contact and phone number, email address, technical point of contact, DUNS number, Cage Code, Federal TIN, and company size.
Quotes are to acknowledge the US Army’s Software License Addenda to any/all proposed end user license agreement (EULA), and, the terms within the addenda are non-negotiable, and are in accordance with FAR 12.212 and FAR 27.405-3. If at any time during the performance of this contract a contractor commercial EULA Term is found in conflict with U.S. Code, FAR,DFARS, AFARS, this contract, or Addenda, the Government's terms will take precedence.
In accordance with DFARS 252.204-7004, all contractors wishing to do business with the Department of Defense must be registered in the System for Award Management (SAM). This registration can be accomplished at the following website: https://www.sam.gov/portal/public/SAM/. Therefore, all interested and potential firms must be registered in SAM, and current firms must update their registrations regularly to reflect the most current company information and to maintain active status ensuring registration does not expire. Whether applying for assistance with awards, contracts, or other business opportunities, all entities are considered registrants. Registration in SAM in no way guarantees that a contract or assistance award will be issued. The following information is required to register in SAM: DUNS Number; Tax Identification Number (TIN) and Taxpayers Name; Statistical Information about your business; and Electronic Funds Transfer (EFT) Information. All Offerors shall have completed their Online Representations and Certifications before proposal submission through the System for Award Management (SAM) website.
All invoices subject to payment by the Defense Accounting and Finance Office shall be submitted through Wide Area Workflow (WAWF). WAWF is the Government’s mandatory payment method. Vendors/contractors are to be registered in WAWF to receive payment through electronic funds transfer (EFT). If you are not currently registered in WAWF, please visit the following web-site: https://wawf.eb.mil/ to complete your registration. Additional instructions for WAWF registration are listed below.
OFFERS MUST BE SUMBITTED NO LATER THAN 12:00pm EST on 10 June 2021: Quotes are to be emailed to Antonius Gill, Contract Specialist at [email protected] and [email protected]. All information submitted will be held in a confidential status. Information provided will not be returned. Questions shall be submitted directly to the Contracting Officer. The Contracting Officer is the only individual permitted to field questions related to this procurement. No direct discussion between the Government technical representative(s) and a prospective Offeror will be conducted. It is the responsibility of the potential Offerors to monitor the beta.sam.gov website for amendments or additional information pertaining to this requirement.
Responders are advised that the U.S. Government is not responsible and will not pay for any information or administrative costs incurred in responding to this solicitation.
Section II: Supplies or Services and Prices/Costs
Offerors shall submit prices for the following contract line item numbers (CLINS) with quantity, price per unit and the extension price, as applicable.
ITEM NO. Services/Supplie
CLIN 0001 Base Year – MAGICS RP License & Maintenance 1 Ea
CLIN 0002 Base Year – Sintermodule License & Maintenance 1 Ea
CLIN 0003 Base Year – Build Proc EOS Plastics License & Maintenance 1 Ea
CLIN 0004 Option CLIN – FY21 Software Maintenance and Support 1 Lo
CLIN 0005 Option CLIN – Additional License & Maintenance CLIN For MAGICS RP 1 Ea
CLIN 0006 Option CLIN – Additional License & Maintenance CLIN For SG+ 1 Ea
CLIN 0007 Option CLIN – Additional License & Maintenance for Build Procs EOS Metals License 1 Ea
CLIN 0008 One year of Software Maintenance and Support - Metals 1 Lo
CLIN 0009 The POP is for FY22 Software Maintenance and Support 1 Lo
CLIN 0010 Option CLIN – Additional License & Maintenance CLIN For MAGICS RP 1 Ea
CLIN 0011 Option CLIN – Additional License & Maintenance CLIN For SG+ 1 Ea
CLIN 0013 Option CLIN – Additional License & Maintenance for Build Procs EOS Metals License 1 Ea
CLIN 0014 One year of Software Maintenance and Support - Metals 1 Lo
TOTAL PRICE PROPOSED $_____________
Section III: Statement of Work
Statement of Work
For
Materialise MAGICS Software Maintenance
1. Background and Scope
1.1 Background: Combat Capabilities Development Command (CCDC),
Armament Center (AC) Armament Software Engineering Center (Armament SEC), a Capability Maturity Model Integration (CMMI) Level 5 Organization, utilizes the Materialise MAGICS software to prepare three-dimensional CAD part files, for processing in an Electro Optical Systems (EOS) P395 selective laser sintering machine for rapid prototyping purposes in the development of electronic systems and in support of key customers. The current version of software requires a maintenance contract to ensure the latest versions and upgrades are available, and to ensure software support through Materialise.
1.2 Scope: To accomplish support of the mission, the Armament SEC requires multi-year maintenance support for the Materialise MAGICS software, in order to provide high quality manufacturing and prototyping support to their customers and stakeholders.
Additional options are in support of the Munitions Engineering and Technologies Center (METC), Prototyping and Powder Technology Branch. For the operation of an EOS M290 system.
2.0 Requirements
2.1 Technical and Maintenance Services
2.1.1 The contractor shall provide maintenance and service for the Materialise MAGICS software.
2.1.2 The contractor shall provide the following:
Quantity Product
1 MAGICS RP
1 Sintermodule
1 Build Proc EOS Plastics
2.1.3 The contractor shall provide options for maintenance of the above software for two (2) twelve month periods.
2.1.4 The contractor shall provide additional options to procure additional licenses/maintenance (options may be executed more than once during the open/active period of the purchase order)
Quantity Product
1 MAGICS RP
1 Build Proc EOS Metals
1 SG+
1 Option for maintenance of 1 new license for DEVCOM AC (any type)”
2.1.4 Deliverables: The contractor shall provide all software products via disc media to the below address
ATTN: TO BE PROVIED AT AWARD
2.2 Security
2.2.1 The highest security classification level for this effort is UNCLASSIFIED.
2.2.2 DFARS Clause 252.225-7048, Export- Controlled Items, applies to this effort. All documents determined to contain export controlled technical data will be marked with the following notice: WARNING: - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., App. 2401 et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.
Section IV: Inspection and Acceptance
Inspection and Acceptance will be performed by the Government and shall be at Destination.
Section V: Deliveries and Performance
Deliveries and Performance will be FOB Destination.
Section VI: Provisions and Clauses
The following provisions and clauses apply to this solicitation.
52.203-3 GRATUITIES APR/1984
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017 OR STATEMENTS
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN/2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015
52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING 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
52.233-1 DISPUTES MAY/2014
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004
14 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG/2019
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS FEB/2019
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
252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION
SUPPORT CONTRACTORS MAY/2016
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES JAN/2021
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS NOV/2020
252.204-7021 CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL REQUIREMENT
NOV/2020
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC DEC/2017
252.225-7007 PROHIBITION ON ACQUISITION OF CERTAIN ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES DEC/2018
252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013
252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES DEC/2018
252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS FEB/2014
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
52.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION ON FEES AND CONSIDERATION APR/2020
252.239-7010 CLOUD COMPUTING SERVICES OCT/2016
252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN/2021
52.212-5 –Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items.
(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 items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 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 items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-3.
___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-4.
___ (13) [Reserved]
___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-6.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020)(15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Jun 2020) of 52.219-9.
___ (v) Alternate IV (Jun 2020) of 52.219-9.
___ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
___ (ii) Alternate I (Mar 2020) of 52.219-13.
___ (19) 52.219-14, Limitations on Subcontracting (MAR 2020)(15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)(15 U.S.C. 657 f)
___ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020)(15 U.S.C. 632(a)(2)).
___ (ii) Alternate I (MAY 2020) of 52.219-28.
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (MAR 2020) (15 U.S.C. 637(m)).
__X_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
___ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
X ___ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
X ___ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
X___ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (30)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X__ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
___ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
_X__ (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jun 2020)(38 U.S.C. 4212).
___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X ___ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
___ (40)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
X ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).
_X__ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
___ (ii) Alternate I (JAN 2021) of 52.225-3.
___ (iii) Alternate II (JAN 2021) of 52.225-3.
___ (iv) Alternate III (JAN 2021) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
___ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).
___ (59) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).
___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
X___ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
___ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___(iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:
___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (Executive Order 13658).
___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. 7104(g)).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (Executive Order 13658).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR/2000
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 54 months.
(End of Clause)
52.217-8 OPTION TO EXTEND SERVICES
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS.
(End of Clause)
52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)
52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (June 2016)
52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)
52.252-2 - Clauses Incorporated by Reference (Feb 1998)
DFARS 252.225-7036 – Buy American Free Trade Agreements - Balance of Payment Program – Basic (Deviation 2020-O0019) July 2020
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN JAN/2017
INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED JUN/2020
ACTIVITIES RELATING TO IRAN--REPRESENTATION AND CERTIFICATION
CONTRACT ADMINISTRATION DATA:
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018
Section VII: Representations, Certifications, and Other Statements of Offerors or Respondents
Offerors are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items Alt 1 (Feb 2021), with their offer.
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS NOV/2011
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS OCT/2016
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (NOV 2020) -- ALTERNATE I JUL/2016
(JULY 2016)
52.204-17 Ownership or Control of Offeror (Aug 2020)
52.204-20 Predecessor of Offeror (Aug 2020)
52.204-24 Representation Regarding Certain telecommunications and Video Surveillance Services or Equipment (oct 2020)
52.204-26 Covered Telecommunications Equipment of Services – Representation (oct 2020)
252.204-7016 – Covered Defense Telecommunications Equipment of Services – Representation (Dec 2019)
252.225-7094 – Representation Regarding Persons that have business operations with the Maduro Regime (Deviaion 2020-O00004) Feb 2020
252.239-7009 – Representation of Use of Cloud Computing – Sept 2015
Section VIII: Instructions, Conditions, and Notices to Offerors or Respondents
Provision 52.212-1, Instructions to Offerors -- Commercial Items (June 2020) applies to this RFQ.
52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT/2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG/2020
252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS NOV/2020
252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC JUL/2019
Section IX: Evaluation Factors for Award
Provision 52.212-5 Evaluation of Options (July 1990)
Provision 52.212-2 Evaluation – Commercial Items (Oct 2014) as tailored applies to this RFQ.
Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1.0 Basis for Award
The Government’s selection for award will be made on the basis of the lowest priced proposal meeting the acceptability standards for the non-cost factors in accordance with FAR 15.101-2, Lowest Priced Technically Acceptable (LTPA) Source Selection process. The contract will be awarded to the Offeror who is deemed responsible by the Contracting Officer, in accordance with the General Standards for contractor responsibility at FAR 9.104-1, and whose proposal conforms to all of the solicitation’s requirements (including stated terms, conditions, representations, certifications, and all other information) and is assessed, based on the evaluation factors below, to represent the lowest price technically acceptable. The Government anticipates award of a single, Firm Fixed Price (FFP) purchase order with options. The Government intends to award one contract as a result of this RFQ; however, the Government reserves the right to award no contract at all.
2.0 Evaluation Factors & Evaluation Approach
All proposals submitted pursuant to the RFQ will be evaluated in a fair and consistent manner. All proposals will be subject to evaluation by a team of Government personnel. The Offeror who is determined to provide the lowest priced proposal that meets the acceptability standards for non-price factors will be awarded the contract.
The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low priced when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.
The Government reserves the right to award based on initial proposals. The Government intends to evaluate proposals and award the contract without discussions with the Offerors (except clarifications as described in FAR 15.306). However, the Government reserves the right to conduct discussions and request proposal revisions if it is determined to be in the best interest of the Government.
Minimum Acceptability: If an Offeror takes exception to any of the terms and conditions of the solicitation, the offer may not be considered for contract award. All Offerors are urged to ensure that their initial proposals are submitted with the most favorable terms in order to reflect their best possible potential.
FACTORS TO BE EVALUATED:
The Government will evaluate each proposal and assess the results of the following Factors, listed below:
Factor 1 – Technical
Factor 2 – Price
Factor 1 – Technical
The proposals will be evaluated based on whether the Offeror’s quote meets or does not meet the requirements as set forth in the Statement of Work (SOW). The Offeror shall be assigned an adjectival rating of “Acceptable” or “Unacceptable.”
The offeror shall address all requirements listed in SOW paragraphs 2.0.
To receive an acceptable rating, the offeror must submit a quote that provides all maintenance requirements, period of performance requirements, delivery requirements, and security requirement’s in accordance with the solicitation requirements. The offeror must be able to provide all quantities outlined in the solicitation, the firewall and technical support, and meet the Government’s delivery schedule requirements in accordance with the solicitation and statement of work.
ADJECTIVAL RATING
DEFINITION
ACCEPTABLE
Proposal clearly meets the minimum requirements of the solicitation.
UNACCEPTABLE
Proposal does not clearly meet the minimum requirements of the solicitation.
Factor 2 - Price
1. The Total Evaluated Price is the summed value of CLINs 0001 through 0014. This Total Evaluated Price will then be evaluated for reasonableness in accordance with price analysis techniques at FAR 15.404-1(b). Price will not be scored.
2. Adequate competition is anticipated for this contract. However, in the event that only one offer is received, the Government reserves the right to perform a cost analysis IAW FAR 15.404-1(b). Therefore, in instances when only one offer is received , the Contracting Officer may obtain Other Than Certified Cost or Pricing Data. Offerors shall utilize a Microsoft Excel file format with formulas intact when submitting their Price/Cost quote (FAR 15.403-5(b)(1)).
3. Price/Cost Inconsistencies: A proposal is presumed to represent an Offeror’s best effort to respond to the solicitation. Each initial proposal should contain the Offeror’s best terms for award for this contract. Any inconsistencies in performance or price should be explained in the proposal. Any significant inconsistencies, if unexplained, raise a fundamental issue of the Offeror’s understanding of the nature and scope of work required and its financial ability to perform the contract, and may be grounds for rejection of the proposal.
DETERMINATION OF RESPONSIBILITY:
As an element of determining the responsibility of Offerors, a Certificate of Competency may be required by the Contracting Officer in accordance with FAR 19.6.
A Pre-award Survey may be required by the Contracting Officer in accordance with FAR 9.106.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.