Combined Synopsis/Solicitation HT941025Q2045
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 HT941025Q2045. The North American Industry Classification System (NAICS) code applicable to this acquisition is 562998, All Other Miscellaneous Waste Management Services, and the size standard is 16.5 (millions of dollars). This procurement will be competed as Full and Open competition.
description of requirements
Naval Medical Center San Diego is requesting support for full-service Controlled Substance Pharmaceutical Waste Disposal Service that is highly encouraged by the Drug Enforcement Agency (DEA) at Naval Medical Center San Diego, CA 92134.
See Performance Work Statement (Attachment 1) for further details.
PLACE OF PERFORMANCE:
Naval Medical Center San Diego
34800 BOB WILSON DR. SAN DIEGO, CA. 92134
Service Period:
CLIN 0001- Controlled Substance Pharmaceutical Waste Disposal Service for NMCSD
Base Period: 1 May 2025 – 30 Apr 2026
UoM: Job
CLIN 1001- Controlled Substance Pharmaceutical Waste Disposal Service for NMCSD
Option Year 1: 1 May 2026 – 30 Apr 2027
UoM: Job
CLIN 2001- Controlled Substance Pharmaceutical Waste Disposal Service for NMCSD
Option Year 2: 1 May 2027 – 30 Apr 2028
UoM: Job
CLIN 3001- Controlled Substance Pharmaceutical Waste Disposal Service for NMCSD
Option Year 3: 1 May 2027 – 30 Apr 2028
UoM: Job
CLIN 4001- Controlled Substance Pharmaceutical Waste Disposal Service for NMCSD
Option Year 4: 1 May 2027 – 30 Apr 2028
UoM: Job
OFFEROR INSTRUCTIONS
The Government intends to award a Firm Fixed Price contract to the responsive, responsible Offeror, whose quote conforming to the solicitation is most advantageous to the Government, as defined in the EVALUATION FACTORS FOR AWARD section below. A complete quote must be received for consideration. Respond to each item listed below; if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:
General Information: Offeror Business Name, Address, CAGE, and Unique Entity ID (UEI) Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contract (to include telephone and e-mail address). FAR provision 52.212-3, Alternate I, Offeror Representations and Certifications – Commercial Products and Commercial Services, applies to this acquisition. Offeror must include a completed copy of this provision with quote.
- Technical Documentation:
-
- Technical Approach or Specifications: 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 paragraph 1.4, 1.5 and 5.1 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.
- Past Performance: provide two (2) references with the point of contact name, telephone number, e-mail address, and contract number, for which you have provided RECENT and RELEVANT delivery of similar services required in this solicitation within the last 3 years. Past performance will be evaluated based on references and information from authorized government past performance systems and resources. Use Attachment #2 – Past Performance Questionnaire.
RECENT is defined as having delivered similar services in the last three years. RELEVANT is defined as having delivered similar maintenance agreements as specified in the Performance Work Statement (PWS). Past performance information not meeting the above criteria will not be used for evaluation.
- Price Quote: Submit complete pricing for each individual item listed in PRICING SCHEDULE, to include the unit price, the extended price for each line item, and a total price in US Dollars ($). Note: Ensure FOB Destination shipping and handling costs AND other ancillary customer services are included in the pricing.
Proposal Support: A detailed breakdown of the total proposed price is required to include description, quantity, quoted price per item and extended price per line item. All costs should support the quote provided in Attachment 3.
Evaluation Factors for Award:
Basis for Award: The Government intends to award a purchase order to the responsive responsible vendor whose quote conforming to the RFQ is most advantageous to the government, price and non-price factors considered. Technical and past performance, when combined are more important than price. The vendor must be registered in the System for Award Management (SAM) database. The Government reserves the right to award no contract at all, depending on the quality of quotes submitted, and the availability of funds.
Award may be made without discussions with Offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the Offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.
As this is a competitive services procurement using FAR Part 13 procedures, the basis for award will consider the Offerors past performance and data in the Supplier Performance Risk System (SPRS) and for the FSC and PSC of the services being purchased (see DFARS 213.106-2).
Factor I – Technical: The Government will evaluate the quote to see if specification requirements, as defined above are met, to include all information required for a complete quote. Technical capability statements will be evaluated as:
TECHNICAL CAPABILITY EVALUATION FACTORS
ACCEPTABLE
Quote clearly meets ALL of the specification requirements of the solicitation and ability to comply with the Consignment Agreement.
UNACCEPTABLE
Quote does not clearly meet ALL the specification requirements of the solicitation and/or inability to comply with the Consignment Agreement.
Factor II – Past Performance: The Government will evaluate past performance by reviewing Offeror’s submitted past performance information and other sources that may include, but are not limited to, information from Government personnel and information from the Government websites Supplier Performance Risk System (SPRS) or CPARS as stated above for basis for award.
Past Performance Evaluation Factors
Adjectival Rating
Description
Substantial Confidence
Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully deliver required services.
Satisfactory Confidence
Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully deliver required services.
Neutral Confidence
No recent/relevant performance record is available, or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.
Limited Confidence
Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully deliver required services.
No Confidence
Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully deliver required services.
To be considered for award, the Offeror’s evaluated past performance cannot be either “Limited Confidence” or “No Confidence”.
Factor III – Price: The Government will evaluate the total price, to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable shipping, and handling costs to the shipping address listed above.
Each technically acceptable Offeror’s price list will be evaluated by the Government to determine the reasonableness of prices for offered products by using one or more of the following price analysis methods which may include:
- Evaluate quoted pricing against the Independent Government Cost Estimate (IGCE);
- Price competition amongst technically acceptable offers.
- Market research.
An Offeror’s pricing must be determined to be fair and reasonable to be eligible for award.
DUE DATE AND SUBMISSION INFORMATION
Eligible Offerors: All Offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means Offerors shall have registered UEI Codes.
Page Limitations: None.
Formatting Requirements: Submit quotes in electronic PDF and or Excel format. Text shall be formatted on an 8.5x11 page in 12-point Times New Roman font.
Questions Due Date and Submission Requirements: All questions must be received by Monday, 7 April 2025, at 10:00AM, Pacific Time. Questions must be submitted by email to dernell.w.wade.civ@health.mil , and include RFQ# HT9410-25-Q-2045 on the Subject line in all inquiries. Questions may be addressed at the discretion of the Government.
RFQ Due Date and Submission Requirements: This RFQ closes on Friday, 11 April 2025 at 10:00 AM, Pacific Time. Quotes must be emailed to the Contract Specialist dernell.w.wade.civ@health.mil , use RFQ# HT9410-25-Q-2045 in the subject line of the email and ensure there is receipt confirmation from the aforementioned Contract Specialist.
APPLICABLE PROVISIONS AND CLAUSES
This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-03 effective 2/23/2024 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 02/15/2024, effective 02/15/2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.
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
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It 0 will, 1 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 0 does, 1 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 description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
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)
52.217-9 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 30 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 5 years.
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)
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)
PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 2
H.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
H.[X].1 DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD
Officials (Sep 2011)
(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—
(1) Leaves or left DoD service on or after January 28, 2008; and
(2) (i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code.
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service; without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C.
2105(c).
(End of clause)
RFQ ATTACHMENTS
- Performance Work Statement (PWS)
- Past Performance Questionnaire (PPQ)
