Combined Synopsis/Solicitation HT941025Q2055
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes (RFQs) are being requested and a separate written solicitation will not be issued.
This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective 1/17/2025 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 1/17/2025, effective 1/17/2025.
Competitive quotes are being requested under Request for Quote (RFQ) Number HT941025Q2055. The North American Industry Classification System (NAICS) code applicable to this acquisition is 811210, Equipment Maintenance Services, and the size standard is 34.0 (millions of dollars). This procurement will be competed as Full and Open competition.
description of requirements
Naval Medical Center San Diego is requesting the service maintenance of the Varian Linear Accelerator located in the Radiology Department at Naval Medical Center San Diego, CA 92134.
See Performance Work Statement (Attachment 1) for further details.
Defense Health Agency Contracting Activity (DHACA) Western Healthcare Operations Contracting Division (WHCO-CD) requests responses from qualified sources capable of providing the following items required:
PLACE OF PERFORMANCE:
Naval Medical Center San Diego
34800 BOB WILSON DR. SAN DIEGO, CA. 92134
Service Period:
CLIN 0001- Varian Linear Accelerator Service Maintenance for NMCSD
Base Period: 24 May 2025 – 23 May 2026
UoM: Job
QUOTER INSTRUCTIONS
The Government intends to award a firm-fixed-price (FFP) contract resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all of the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award.
Questions Due Date and Submission Requirements: All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to dernell.w.wade.civ@health.mil no later than 10:00 am PST on Thursday, 1 May 2025. Questions submitted after the specified date and time may not receive a response. Questions, along with the Government’s responses, will be posted as an attachment to the RFQ. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Quoters.
RFQ Due Date and Submission Requirements: This RFQ closes on Tuesday, 6 May 2025 at 10:00 AM, Pacific Time. Quotes must be emailed to the Contract Specialist dernell.w.wade.civ@health.mil use RFQ# HT941025Q2055 in the subject line of the email and ensure there is receipt confirmation from the aforementioned Contract Specialist.
Quoters are instructed to electronically submit their technical and past performance quotation in separate files, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:
- FACTOR 1: Technical Capability:
Service
Ability to meet the statement of work shall be demonstrated by the offeror’s submission of a document that addresses how they will accomplish all applicable objectives, tasks and guidelines. The Quoter shall submit a document, not to exceed two (2) pages, demonstrating the Quoter’s technical capability to perform the required services in accordance with Attachment 1 (Performance Work Statement). The quoter shall specifically address their technical approach to perform each element identified under Part 5.0 Specific Tasks of the PWS.
Offerors are cautioned against restating PWS requirements in their proposal, particularly with regard to technical requirements; and must state how all requirements will be met. Statements such as "the offeror understands" and "the offeror shall/can comply", along with reference or industry references does not reflect that the offeror understands the requirements and will likely result in a diminished evaluation rating.
- FACTOR 2: Past Performance:
The Quoter shall use Attachment 2 (Past Performance Questionnaire) to provide completed references for two (2) projects where you have provided RECENT and RELEVANT performance of the same or similar services required in this solicitation within the past three (3) years from the date of issuance of this RFQ. Past performance will be evaluated based on information from references provided and from authorized Government past performance systems and resources, including the Contractor Performance Assessment Rating System (CPARS).
RECENT is defined as services performed within the past three (3) years from the date of issuance of this RFQ. RELEVANT is defined as services the same as or similar to the services specified in the Performance Work Statement (PWS). Past performance information not meeting the above criteria will not be used for evaluation.
Quoters are instructed to electronically submit their pricing quotation in a separate file, formatted in Portable Document Format (PDF) with a .pdf file extension and a spreadsheet file with a .xlsx extension:
- FACTOR 3: Price:
The Quoter shall use Attachment 3 (Quote Sheet) to submit a firm-fixed-price for all contract line item numbers (CLINs) identified. Attachment 3 (Quote Sheet) shall be completed and signed, with acknowledgment of all amendments to the solicitation. No attempt to reformat or remove cells is authorized. Submission of pricing data shall be complete and accurate. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award.
- Completed Provisions:
Quoters shall be registered in the System for Award Management (SAM) with the appropriate NAICS code and completed representations and certifications and shall not have any active exclusions listed within SAM. Additionally, the Quoter shall include one (1) copy of the following FAR provision(s) located within this RFQ that shall be completed and included with the quote:
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
ADDITIONAL INFORMATION REGARDING THE SAM SOLICITATION MODULE:
In order to submit a quote through the (SAM) Solicitation Module, you must be registered as a Proposal Manager in the DoD SAM Suite located at https://SAM.gov/. The SAM Solicitation Module Vendor Registration Guide is provided as an attachment to the RFQ.
The SAM Solicitation Module is the only electronic commerce method authorized for the submission of quotes in response to this RFQ. Submissions outside of the SAM Solicitation Module will not be considered.
The SAM Solicitation Module will record the date and time of quote submission. The date and time of quote submission recorded in the SAM Solicitation Module shall govern the timeliness of any quote submission.
The maximum allowable file size for the SAM Solicitation Module is 1.9GB.
LATE SUBMISSIONS MAY NOT BE CONSIDERED.
It is a Quoter’s responsibility, when transmitting its quote electronically, to ensure the quote’s timely delivery by transmitting the quote sufficiently in advance of the time set for receipt of quotes to allow for timely receipt by the Government no later than the date and time stated in this RFQ. Quoters shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. A Quoter risks the late receipt and rejection of a quote where it delays transmitting its quote until the last few minutes before the time set for receipt of quotes. Quotes that are received after the date and time stated in this RFQ will not be considered except at the discretion of the Contracting Officer; the Contracting Officer reserves full discretion to accept any late quotes at any time prior to award if it serves the best interest of the Government.
Quoters are responsible for submitting their quote in the format specified, consistent with requirements stated elsewhere in this RFQ. Quoters are asked to submit only the information required. Files that cannot be opened or are otherwise missing the required content are the responsibility of the Quoters. Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such quotes from consideration for award.
Quotations must be received no later than 10:00 am PST on Tuesday, 6 May 2025
(End of provision)
52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible quoter 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 quotes:
(1) Technical Capability
(2) Past Performance
(3) Price
Technical Capability will be rated on an Acceptable/Unacceptable basis, and Past Performance will be more important than price.
(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.
Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services
The following is inserted as new paragraph (d) of the provision:
(d) EVALUATION FACTORS FOR AWARD
Contract award shall be made on a “Past Performance Price Tradeoff” basis. This process allows for a tradeoff between past performance and price and allows the Government to accept other than the lowest priced quote or other than the highest rated quote to achieve a best-value contract award. This may result in an award to a higher-rated, higher-priced quote if the Government determines that the past performance of the higher-priced quote outweighs the price difference. The selection process is subjective by nature and professional judgment is implicit throughout the tradeoff process.
The Quoter’s technical capability will be evaluated to determine if it is acceptable or unacceptable in accordance with the evaluation criteria stated in this RFQ. If a Quoter’s technical capability is determined to be unacceptable, the Quoter will no longer be considered for award. Award will be made to the Quoter providing a quote that is deemed most advantageous to the Government, whose technical capability has been determined to be “Acceptable” and trading off past performance against price. Past performance is more important than price.
The Government intends to award based on initial quotes. Notwithstanding this intent, the Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the Government, a matter within their discretion.
FACTOR 1: TECHNICAL CAPABILITY:
The Government will use the following ratings/descriptions in Table 1 when evaluating technical capability:
Table 1. Technical Capability Ratings
Rating
Description
Acceptable
Quote clearly demonstrates the Quoter’s technical capability to perform the required services in accordance with the Performance Work Statement.
Unacceptable
Quote does not clearly demonstrate the Quoter’s technical capability to perform the required services in accordance with the Performance Work Statement.
FACTOR 2: PAST PERFORMANCE:
The Government will evaluate past performance by reviewing the Quoter’s submitted past performance information and information from other sources that may include, but are not limited to, Government personnel and information retrieved through CPARS.
The past performance evaluation will result in an integrated assessment of the Quoter’s probability of successfully performing the RFQ requirements. The past performance evaluation considers each Quoter’s demonstrated recent and relevant record of performance in performing services the same as or similar to the services specified in the PWS. The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Quoter’s performance. The past performance confidence assessment rating is based on the Quoter’s overall record of recency, relevancy, and quality of performance. These are combined to establish one performance confidence assessment rating for each Quoter.
The Government will use the following relevancy definitions in Table 2 when determining relevant past performance:
Table 2. Relevancy
Relevancy
Definition
Relevant
Past performance effort involved performance of services the same as or similar to the services specified in the PWS
Not Relevant
Past performance effort involved little or no performance of services the same as or similar to the services specified in the PWS.
The Government will use the following ratings/descriptions in Table 3 when evaluating past performance:
Table 3. Performance Confidence Assessment Ratings
Rating
Description
Substantial Confidence
Based on the Quoter’s recent/relevant performance record, the Government has a high expectation that the Quoter will successfully perform the required effort.
Satisfactory Confidence
Based on the Quoter’s recent/relevant performance record, the Government has a reasonable expectation that the Quoter will successfully perform the required effort.
Neutral Confidence
No recent/relevant performance record is available or the Quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Quoter may not be evaluated favorably or unfavorably on the factor of past performance.
Limited Confidence
Based on the Quoter’s recent/relevant performance record, the Government has a low expectation that the Quoter will successfully perform the required effort.
No Confidence
Based on the Quoter’s recent/relevant performance record, the Government has no expectation that the Quoter will be able to successfully perform the required effort.
FACTOR 3: PRICE:
The Government will evaluate the quoted price for price reasonableness. The following price analysis techniques may be used to ensure a fair and reasonable price:
- Comparison of quoted prices received in response to the solicitation.
- Comparison of quoted prices with the independent Government estimate.
- Comparison of quoted prices with available historical information.
The quoted price will be evaluated for the entire effort, inclusive of all options. Evaluation of options shall not obligate the Government to exercise the option(s).
Price must be determined fair and reasonable in order to be eligible for award. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. A price that is found to be unreasonably high may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall quote not being considered for award.
APPLICABLE PROVISIONS AND CLAUSES
The current version of the following FAR, DFARS, and DHA provisions (as of the date of this RFQ) incorporated by reference, apply to this acquisition:
52.204-7, System for Award Management
52.204-9, Personal Identity Verification of Contractor Personnel
52.204-13, System for Award Management Maintenance
52.204-16, Commercial and Government Entity Code Reporting
52.204-18, Commercial and Government Entity Code
52.204-19, Incorporation by Reference of Representations and Certifications
52.204-21,Basic Safeguarding of Covered Contractor Information Systems
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
52.204-26, Covered Telecommunications Equipment or Services- Representation
52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations
52.212-1, Instructions to Offers-Commercial Products and Commercial Services
52.212-3, Alternate 1, Offeror Representation and Certifications – Commercial Products and Commercial Services
(The Offeror need not fill out and include as an attachment IF SAM database (www.sam.gov ) is updated)
52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services
52.217-5, Evaluation of Options
52.219-1, Small Business Program Representations
52.222.41, Service Contract Labor Standards
52.222.42, Statement of Equivalent Rates for Federal Hires
52.222.43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multi-Year/Options)
52.222-50, Combating Trafficking in Persons
52.223-2, Reporting of Biobased Products Under Service and Construction Contracts
52.223-23, Sustainable Products and Services
52.232-39, Unenforceability of Unauthorized Obligations
52.232-40, Providing Accelerated Payments to Small Business Subcontractors
52.245-1, Government Property
252.201-7000, Contracting Officer’s Representative
252.201-7000, Contracting Officer’s Representative
252.203-7000, Requirements Relating to Compensation of Former DoD Officials
252.203-7002, Requirement to Inform Employees of Whistleblower Rights
252.203-7005, Representation Relating to Compensation of Former DoD Officials
252.204-7000, Disclosure of Information
252.204-7003, Control of Government Personnel Work Product
252.204-7004, Antiterrorism Awareness Training for Contractors
252.204-7008, Compliance with Safeguarding Covered Defense Information Controls
252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation
252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representation
252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Service
252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements
252.204-7020, NIST SP 800-171 DoD Assessment Requirements
252.204-7022, Expediting Contract Closeout
252.204-7024, Notice on the Use of the Supplier Performance Risk System
252.211-7007, Reporting of Government-Furnished Property
252.223-7008, Prohibition of Hexavalent Chromium
252.225-7048, Export-Controlled Items
252.225-7055, Representation Regarding Persons that have Business Operations with the Maduro Regime
252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime
252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Certification
252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
252.232-7003, Electronic Submission of Payment Requests and Receiving Reports
252.232-7006, Wide Area Workflow Payment Instructions
252.223-7008, Prohibition of Hexavalent Chromium
252.232-7010, Levies on Contract Payments
252.232-7017, Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration
252.244-7000, Subcontracts for Commercial Products or Commercial Services
252.246-7008, Sources of Electronic Parts
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_☐_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_☒_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_☐_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_☒_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
☐ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204–30.
☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
(14) [Reserved].
__☐ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__☐ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (17) [Reserved]
☐ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).
☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__☐ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).
☒ (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
☐(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
☐(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
☐ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☐ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
☒ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
☒(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
☒ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
_ ☒ _ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
☐ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_☐_ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
☐ (46) 52.223-15, Energy Efficiency in Energy Consuming Products (May 2020) ( 42 U.S.C. 8259b).
☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).
☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
☐ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
☐ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
☐(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
☐ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
☐(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
[Contracting Officer check as appropriate.]
☐(1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
☐ (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) (Aug 2018) ( 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) ( 29U.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 for Contractor Workers Under Executive Order 14026 (Jan 2022).
☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 products or commercial services. 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 (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far (FAR provisions and deviations) and https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (DFARS provisions)
(End of provision)
52.252-2, Clauses Incorporated by Reference
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
The FAR provisions, clauses and deviations can be accessed in full text at
https://www.acquisition.gov/browse/index/far (FAR clauses and deviations) and
https://www.acquisition.gov/dfars (DFARS clauses).
(End of clause)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of provision)
PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 1
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
L.[X].1 The Offeror’s attention is directed to FAR, Part 3 and DFARS, Part 203, “Improper Business Practices and Personal Consultant Conflicts of Interest.”
L.[X].2 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)
(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.
(End of provision)
L.[X].3 Use of Former DoD/Defense Health Agency (DHA) Employees and Uniformed
Service Members in Proposal Preparation. The involvement of a former DoD/DHA employee/member in an offeror’s proposal preparation may give rise to an unfair competitive advantage or the appearance thereof, if the former DoD/DHA employee/ member acquired non-public, competitively useful information in his or her former position. Such knowledge could include proprietary information of competitor’s performance on past or current contracts with similar requirements or source selection sensitive information pertaining to this procurement. Consequently, the Offeror must notify the Contracting Officer prior to the involvement in the proposal preparation by a former DoD/DHA employee/member reasonably expected to have had access to such information. Based on the notification, the Contracting Officer will make a determination whether involvement of the former DoD/DHA employee/member in proposal preparation could create an unfair competitive advantage or appearance thereof. The Contracting Officer will further determine whether any mitigation measures taken or proposed by the offeror are adequate to alleviate this concern or whether the offeror will be disqualified from the competition. Failure to comply with these procedures may result in the offeror’s disqualification for award.
(End of provision)
RFQ ATTACHMENTS
- Performance Work Statement (PWS)
- Past Performance Questionnaire (PPQ)
