WPS III Section L - Instructions to Offerors - 06.12.20.docx

U.S. Department of State Worldwide Protective Services III Section L

L.1 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS AND RESPONDENTS

L.1.1 SOLICITATION PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

The following provisions are incorporated by reference with the same force and effect as if they were provided in full text. To access the full text electronically, see http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/search.htm. If you cannot access either of these sites, the Contracting Officer will make the full text available.

* The Government replaces the italics in FAR 52.215-20 (Alternate IV)(b) with: “See Volume 2 IDIQ Pricing Information, Item 11 for pricing information and instructions, resulting in data other than certified cost or pricing data.”

FAR 52.216-1 Type of Contract (April 1984)

a) The Government contemplates award of multiple indefinite-delivery, indefinite-quantity contracts resulting from this solicitation.

b) The resultant contracts will be for non-commercial items.

c) The contract type(s) for an individual task order will be one or a combination identified in FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR 16.104 (Factors in Selecting Contract Types).

d) If a task order will be performance-based, as described in FAR subpart 37.6 (Performance-based Acquisition), its requirements will be conveyed and administered at the task order level.

(End of provision)

FAR 52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer, James O. Weldon - WPSIIISolicitation@state.gov, (addressed as follows) by obtaining written and dated acknowledgment of receipt from himself or his designate, Tama Francis at (WPSIIISolicitation@state.gov.

Mr. Weldon’s address is:

U.S. Department of State Office of Acquisitions Management, 16th Floor; 16M07 1801 North Lynn St, Arlington, VA 22209

Due to the Department’s commitment to the safety of the public and continuing efforts to stop the spread of COVID-19, Protest documents may be submitted electronically.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

DOSAR 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

(a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact:

(1) For solicitations issued by the Office of Acquisition Management (A/OPE/AQM) or a Regional Procurement Support Office, the A/OPE/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov.

(2) For all others, the Department of State Advocate for Competition at cat@state.gov.

(b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Sharon James at jamessd@state.gov. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE, SA-6B, Arlington, VA 22209.

(End of provision)

L.2 AMENDMENTS TO SOLICITATION

The Government will publish amendments to this solicitation via beta.sam.gov along with reading instructions as appropriate.

L.3 DISPOSITION AND RETENTION OF CLASSIFIED / SENSITIVE SOLICITATION MATERIAL

a. The contractor shall return, surrender, or destroy, as authorized, classified and sensitive solicitation material within 120 days of the following:

1. If, upon the opening date of bids, proposals, or quotes; a bid, proposal or quote was not submitted or was withdrawn.

2. Notification that a bid, proposal or quote has not been accepted.

3. Final delivery of goods and/or services or upon termination of the classified contract.

b. When classified /sensitive material is destroyed, the Contractor shall provide a certificate to the Contracting Officer attesting to the destruction of the classified / sensitive material as prescribed in Chapter 5, Safeguarding Classified Information, Section 7 Disposition and Retention of the (DOD 5220.22-M) "National Industrial Security Program Operating Manual", 2/28/2006 (NISPOM). <http://nsi.org/Library/Govt/Nispom.html#link5>. Classified information no longer needed shall be processed for appropriate disposition. Classified information approved for destruction shall be destroyed in accordance with this Section 7. The method of destruction must preclude recognition or reconstruction of the classified information or material.

c. If the Contractor wishes to retain the classified / sensitive material beyond the 120 days, the Contractor must submit a letter of request in accordance with NISPOM Chapter 5, paragraph 5-702 Retention of Classified Material. Submit the letter to the Department of State, DS/PRD/IN, 2201 C Street, N.W., Washington, D.C. 20520. This request will be reviewed by DS/PRD/IN, the Contracting Officer's Representative and the Contracting Officer to determine whether or not the material may be retained by the Contractor.

L.4 USE OF NON-GOVERNMENT EVALUATORS (FAR 7.503 POLICY)

The Government may acquire Contractor support services while performing technical and/or cost evaluations of the offeror's proposals. Support contractors, if used, will be authorized access only to those portions of the proposal data and discussions that are necessary to enable them to provide advice on specialized matters or on particular problems.

Support contractors may participate as voting or non-voting members of a source evaluation board and may participate as technical advisors to a source selection board. However, in no event shall support contractors participate as voting members of any source selection board.

The Offeror shall include the following notice as a cover page to its proposal:

“GOVERNMENT NOTICE FOR HANDLING PROPOSALS”

This proposal shall be used and disclosed for evaluation purposes only, and a copy of this Government notice shall be applied to any reproduction or abstract thereof. Any authorized restrictive notices which the submitter places on this proposal shall also be strictly complied with. Disclosure of this proposal outside the Government for evaluation purposes shall be made only to the extent authorized by, and in accordance with, the procedures in Section 615.413-2(f) of the Department of State Acquisition Regulation (48 CFR Chapter 6).

L.5 PRE-PROPOSAL CONFERENCE

See Synopsis Updates posted under Amendment 01 dated 05.29.20, Amendment 02 dated 06.01.20, and Amendment 03 dated 06.03.20.

The Department will hold a mandatory virtual pre-proposal conference approximately 14 days following the posting of this solicitation. Due to the Department’s commitment to the safety and security of the public, and because of continuing efforts to stop the spread of COVID-19, the Department has elected to host the pre-proposal conference in a virtual format. The virtual format will be hosted via a Microsoft Teams live event. No software licenses are required; only an internet connection and browser is needed to join the conference. Guests will not have audio or video input to the event, but an interactive chat function will be enabled for interested parties to submit feedback and questions. Questions will be compiled and answers posted on beta.sam.gov.

Due to security concerns, all interested parties must pre-register for the virtual pre-proposal conference. Registered offerors will be joined to the event as guests by link. More details regarding registration will be provided soon after this solicitation posting. If the Department elects to change any information regarding the virtual pre-proposal conference, the Department will post a notice on beta.sam.gov.

Offerors may submit inquiries related to the conference via email to WPSIIISolicitation@state.gov. Include “Virtual Pre-Proposal Conference” in the subject line.

Please note, interested parties who do not register to access the virtual pre-proposal conference shall not be eligible to submit proposals. The Department will reject proposals received from offerors who failed to attend the virtual pre-proposal conference.

L.6 QUESTIONS REGARDING SOLICITATION

Prospective offerors should submit any questions regarding this solicitation in writing to the contracting officer at WPSIIISolicitation@state.gov . Interested parties shall follow the directions for question submissions as specified by the synopsis.

Answers to questions received will be posted via beta.sam.gov.

L.7 COMMUNICATION CONCERNING SOLICITATION

Interested parties must address all communication related to this solicitation to:

Contracting Officer: Mr. James O. Weldon, WPSIIISolicitation@state.gov

Unless it is specifically authorized elsewhere, communication concerning this solicitation with any other Government personnel, including contractor support personnel, is PROHIBITED. If such contact occurs, the offeror making contact may be excluded from award consideration.

L.8 DISCUSSIONS WITH OFFERORS

If the Government deems it necessary to conduct discussions, it will establish a competitive range. The Government will provide detailed instructions regarding discussions to the firms with offers included in the competitive range.

L.9 PROPOSAL REQUIREMENTS

Offerors shall certify that all proposals SHALL NOT EXPIRE for a minimum of one hundred twenty (120) days after submission to the Government.

Offerors should keep in mind that how well instructions are followed, as well as, how organized and clearly communicated its proposals is written, is an indication of how well it may be able to communicate and organize its work to meet the contract requirements. Therefore, it is important that offerors follow directions, organize the information as requested in this Section and in the right format; and place information exactly where the Government has instructed.

Offerors shall provide:

· One (1) electronic version of the proposal shall be emailed to James O. Weldon at WPSIIISolicitation@state.gov. If you do not get an email confirmation receipt within 24 hours please call Ms. Francis at (571) 345-2406.

· Each volume shall be submitted in an individual zip file. Each volume shall be labeled clearly displaying only the following information:

· Company name listed on front document cover and in each document header

· Offeror Point of Contact to include: Name, Title, Mailing Address, E-Mail Address and Phone Number listed in front document cover

· Solicitation Number, Volume Title and Number on front document cover and in header of the document

· Each page of a document shall be numbered and include Company name, Solicitation Number, Volume Number and Volume Title

· Table of Contents with page numbers

· Transmittal and communications addressed to:

James O. Weldon, II Senior Contracting Officer U.S. Department of State Office of Acquisitions Management; 16th Floor/16M07 1801 North Lynn St Rosslyn, VA 22209

L.10 FORMATTING

Offerors are to submit all required proposal documentation on sequentially numbered 8-1/2" by 11" sized pages. All submittals except the price proposals must use type of at least 12 points, Times New Roman (10 point text in graphics). A minimum of one-inch top, bottom, left and right margins must be used.

The Price Proposal shall utilize single-sided page printing, including Excel spreadsheets. Price Proposals have no page limit. Any charts, graphs or tables shall be self-explanatory and can utilize size 10 font, unless the Government provides different sized font in provided templates, to include the Pricing Tables. Foldouts can be utilized and must fold entirely within the volume. All foldouts shall be single-sided and 11” by 17”.

L.11 EVALUATION FACTORS FOR AWARD

The Government shall evaluate in a two-step process. First, the Government will evaluate each proposal to determine if the Offeror meets the Mandatory Minimum Requirements.

Second, all proposals meeting the Mandatory Minimum Requirements will be evaluated against the following non-price and price factors: (1) past performance; (2) technical response to sample task order; and (3) price (Attachment 16, Table 6).

Accordingly, proposals shall be composed as follows:

L.12 PROPOSAL VOLUME COMPOSITION

Each proposal shall consist of the following physically separate volumes:

· VOLUME 1…………….MANDATORY MINIMUM REQUIREMENTS & PAST PERFORMANCE

· Part 01 Mandatory Minimum Requirements

· Section L, Exhibit 1.0 - Mandatory Minimum Matrix

· Five Page Write-Up in accordance with the requirements of L.13.1.1

· Part 02 Past Performance

· 80 Page Maximum

· VOLUME 2……………. IDIQ LEVEL PRICE PROPOSAL

· IDIQ Pricing (Attachment 16)

· No Page Limit

· VOLUME 3…………….TECHNICAL RESPONSE TO SAMPLE TASK ORDER

· Baghdad Security

· Technical Response

· Pricing

· Page Limit - 75 pages for Technical Response

· No Page Limit on Pricing Spreadsheets. Seventy-five page limit for Pricing Narrative

· See Section L Exhibits 2.1.0 – 2.1.7

· VOLUME 4……………. STANDARD FORM 33, SECTION K AND BUSINESS

SOCIOECONOMIC INFORMATION

· Part 01 – Standard Form 33, Section K

· Part 02 – Business and Socioeconomic Information

· No Page Limit

L.13.1 DETAILED VOLUME INSTRUCTIONS

L.13.1.1 VOLUME 1 – PART 01: MANDATORY MINIMUM REQUIREMENTS

Prior to the evaluation of non-price factors, proposals will be reviewed for compliance with Section L instructions and each Offerors ability to meet the Mandatory Minimum Requirements. Proposals failing to meet Mandatory Minimum Requirements will be excluded from further consideration and will not be evaluated. Proposals failing to follow the Section L proposal instructions may also be excluded without further consideration.

Mandatory Minimum Requirements - Experience

1. Offeror shall provide in this volume a sufficient number of contracts listed in the Mandatory Minimum Matrix Form (See Section L - Exhibit 1.0 ) substantiating that within the last five (5) years, (and for the minimum duration of at least two (2) years combined within the those five (5) years) offeror has performed contract(s) (Federal, State or Private Sector) as a contractor (prime or sub) outside the U.S. providing all three (3) of the following type of security services: (a) armed personal protective, (b) armed guard, and (c) team-based emergency response security services in a “high risk, high threat environment” outside the United States. In doing so, the offeror shall ensure the following is met:

1. Offeror must have performed at least one (1) security service contract (armed personal protective or armed guard or team-based emergency response) valued at least $10 million annually; and

1. Offeror must have performed at least one (1) security service contract (armed personal protective or armed guard or team-based emergency response) where its services were rendered in multiple locations; and

1. Offeror must have performed at least one (1) security contract (armed personal protective or armed guard or team-based emergency response) where it employed at least 75 personnel providing direct services under the contract.

In addition to the Mandatory Minimum Matrix Form requirement, Exhibit 1.0, Offerors shall provide a typed narration, not to exceed five (5) pages, outlining how they have met the mandatory minimum requirements listed above under L.13.1.1.1. a., b., and c. above, providing security services while performing under the contracts listed in the Mandatory Minimum Matrix. Offerors shall ensure all dates, numbers, locations, etc. match with the Mandatory Minimum Matrix and do not conflict.

NOTE: It may be possible that an offeror provide in its proposal package reference to only (1) one contract meeting all requirements stated in paragraph 1 above. An offeror may have performed armed personal protective, armed guard and team-based emergency response security guards in a $10 million annual contract in multiple locations, employing 75 personnel providing direct services in high risk, high threat environments for two (2) years combined within the past five years. If these component requirements are contained in one contract, then that one contract would be sufficient in addressing the mandatory minimum requirements.

Additional Company Requirements

1. Foreign Ownership, Control or Influence (FOCI)

a. Offeror shall provide evidence in Volume 1 that it is a U.S. company without any unmitigated foreign ownership, control or influence (FOCI); if the offeror is under FOCI, the FOCI mitigation must have been approved by Defense Security Service.

b. If the Offeror is a joint venture (see FAR 9.601), then it must demonstrate that its participants making up the contractor joint venture are all U.S. companies, without any unmitigated foreign ownership, control or influence (FOCI); if the offeror is under FOCI, the FOCI mitigation must have been approved by Defense Security Service.

2. International Code of Conduct (ICoCA)

a. Offeror(s) selected for award, to include Joint Ventures, shall be required or be able to obtain a letter from the ICoCA, within 60 days after contract award and before any performance on a task order issued under the IDIQ contract, indicating that the offeror is a member or transitional member in good standing (and not suspended or terminated from the ICoCA). The offeror will be required to confirm in writing compliance with the requirements set forth in the American National Standards Institute (ANSI) standard entitled PSC-1-2012. If the offeror is a contractor team arrangement formed to act as the prime contractor (see FAR 9.601) the letter shall indicate that all members of the team are members of the ICoCA, in good standing and confirm compliance with the requirements set forth in the American National Standards Institute (ANSI) standard entitled PSC-1-2012.

b. If the offeror uses subcontractors to provide any security services, the subcontractors must also be members of the International Code of Conduct for Private Security Service Providers’ Association (ICoCA) and in good standing.

L.13.1.2 VOLUME 1 – PART 02: PAST PERFORMANCE

1. The Offeror will submit past performance information that will aid in determining how closely related past services performed under the referenced contracts relate to the requirements of this solicitation (relevancy) and how well the offeror performed under those contracts (confidence).

2. The Offeror shall submit no more than three (3) past performance references on programs similar in scope and magnitude performed within five (5) years of proposal due date, for which they have served as the prime.

3. For each of the above three references, the Offeror shall provide the following information:

a. Customer's name, address, and telephone numbers of customer's Point of Contact and technical personnel;

b. Contract number and type;

c. Date of the contract, place(s) of performance, and delivery dates or period of performance;

d. Brief description of the work, including responsibilities.

4. The Offeror shall include copies of all CPARs completed for each contract used as a reference.

Past Performance Relevancy The offeror shall also provide a narrative description of how the work performed is relevant to the solicitation requirements and the specific task order. The description should include, but is not limited to:

a. Contract size (average number of personnel employed by contract year per labor category);

b. Dollar value per year;

c. Detailed mission description with emphasis on relevancy to this requirement;

d. Operating environment (e.g. state of hostilities, frequency of missions, civilian interaction, movement vs. static missions);

e. Complexity (e.g., simultaneous operations, level and types of coordination required).

Past Performance Confidence The offeror shall also provide a narrative description of how well the offeror performed under the contract. The narrative shall include, but is not limited to:

a. Offerors overall assessment of performance;

b. Discussion of any technical problems encountered and their resolution;

c. Discussion of all terminations (partial or complete) and the type (convenience or default) as well as any deficiency notices, show cause notices or cure notices (provide explanatory details);

d. Listing of deductions or any other contractual sanctions taken under any listed contracts, with explanatory details and resolution.

All documents provided by the offeror in response to Volume 1, shall be indexed and tabbed.

L.13.1.3 VOLUME 2 - IDIQ PRICE PROPOSAL (IDIQ – ATTACHMENT 16)

A. IDIQ PRICING INFORMATION

1) “Offeror,” as described herein, is as would be identified in block 15A in Standard Form (SF) 33.

2) Each offeror shall submit a compliant price proposal pursuant to the instructions for Volume 2 and must meet the mandatory minimum requirements.

3) IDIQ pricing shall be proposed within Section J, Attachment 16, Tables 1-8.

4) The Government anticipates most contract requirements being performed in a location(s) where a 40-hour or 72-hour workweek is considered normal, or being performed in a location(s) where the Government requires a 40-hour or 72-hour normal workweek.

5) The RFP-specified estimated 1,880 productive hours per full-time equivalent (FTE) employee for the 40-hour normal workweek in Pricing Table 6 were selected based on 2,080 annual hours (40 hours/week x 52 weeks/year) minus 200 paid time off (e.g., vacation, sick, holidays) hours (40 hours/week x 5 weeks/year).

6) The RFP-specified estimated 3,744 productive hours per full-time equivalent (FTE) employee for the 72-hour normal workweek in Pricing Table 6 were selected based on a maximum of 3,744 annual hours (72 hours/week x 52 weeks/year) minus zero paid time off (e.g., vacation, sick, holidays) hours.

7) The RFP-specified estimated 940 productive hours per full-time equivalent (FTE) employee for the 40-hour normal workweek in Pricing Table 6 in the Six-Month Option Period were selected based on one-half of: 2,080 annual hours (40 hours/week x 52 weeks/year) minus 200 paid time off (e.g., vacation, sick, holidays) hours (40 hours/week x 5 weeks/year).

8) The RFP-specified estimated 1,872 productive hours per full-time equivalent (FTE) employee for the 72-hour normal workweek in Pricing Table 6 in the Six-Month Option Period were selected based on one-half of: 3,744 annual hours (72 hours/week x 52 weeks/year) minus zero paid time off (e.g., vacation, sick, holidays) hours.

9) Offerors SHALL NOT include DBA Insurance costs in their IDIQ proposals.

10) The six-month extension period reflects the Government right to extend the contract, pursuant to FAR 52.217-8 (Option to Extend Services).

11) Certified cost or pricing data, as described in FAR Subpart 15.4, are not required or relied upon for award of the contract because the Government anticipates adequate price competition. Instead, where applicable, the Government will require and rely upon data other than certified cost or pricing data.

B. PRICE PROPOSAL INSTRUCTIONS

1) The electronic price proposal shall consist of the following, which are described further in this subsection:

0. Narrative Describing each Attachment 16 - Pricing Table (1 through 8) of the IDIQ thoroughly and completely (in Word or PDF)

0. Completed Attachment 16 Pricing Tables 1-8 (in one folder containing one Excel workbook)

0. Detail Pricing Tables (in a second folder containing one or more Excel workbooks)

0. Supporting Information

Offerors shall prepare on a CD-ROM, one electronic file for each of the above sections. Therefore, offerors shall prepare four files on each CD-ROM.

2) The hard-copy price proposal shall consist of the following, which are described further in this subsection:

a. Narrative Describing each Pricing Table (1 through 8) thoroughly and completely (in Word or PDF)

b. Pricing Tables 1-8

c. Detail Pricing Tables

d. Supporting Information

e. Offerors shall separate each of the above sections by a distinct tab and divider page.

3) The content of the electronic price proposal and hard-copy price proposal shall match. If differences exist between the two proposals, the hard-copy proposal shall take precedence.

4) Pricing Tables 1-8 are provided by the Government as Attachment 16 and shall be completed by the offerors as stated herein. Detail Pricing Tables shall be provided and completed by the offerors as stated herein.

5) Unless otherwise stated herein, offerors shall not add, delete, or otherwise alter the existing format or content in Pricing Tables 1-8. Offerors shall complete the required areas only.

6) Offerors shall use for pricing purposes the following period of performance:

7) Offerors shall complete all applicable data cells in Pricing Tables 1-7 and for each task order pricing spreadsheet. Table 8 is automatically populated by preceding tables.

8) Offerors shall not hide or lock any rows, columns, or cells that contain proposed data.

9) Offerors shall propose all rates, costs, and prices in United States currency.

B.1 PRICING TABLE 1 – PRICING VOLUME COMPLIANCE CHECKLIST

1) Pricing Table 1 in the pricing spreadsheet is a compliance checklist. It contains the price proposal instructions in Section L, offeror’s indication of its compliance, and offeror’s identification of where in the price proposal the instruction was satisfied. This table is intended to assist the offeror in ensuring a compliant price proposal and the Government evaluator in reviewing the proposal.

2) Pricing Table 1 (i.e. listed as Pricing Volume Compliance Checklist), offerors shall complete the “Comply (Yes/No)” and “Proposal Reference” columns.

3) In Pricing Table 1, the Government locked columns A and B because offerors are not required to enter information in these columns.

B.2 PRICING TABLES 2 & 3 – PROVISIONAL BILLING RATES & INDIRECT COST RATE CEILINGS

1) In Pricing Table 2, offerors shall identify their most current indirect cost rates that would be used as the proposed provisional billing rates. If applicable, these indirect cost rates should be reflected in the most current indirect cost rate agreement that has been negotiated between the offeror and its cognizant Federal agency official.

2) In Pricing Table 2, the proposed provisional billing indirect cost rates shall not exceed the ceiling indirect cost rates proposed in Pricing Table 3.

3) In Pricing Tables 2 and 3, offerors shall propose only their own indirect cost rates. Indirect cost rates for subcontractors and/or other entities not proposed as the offeror shall not be included in part or in whole.

4) In Pricing Tables 2 and 3, offerors shall add or delete rows as necessary. The number (e.g., “1)”) in the “Indirect Cost Rate Description” column signifies a specific indirect cost rate description. For example, an offeror may elect to propose “Fringe Benefits” next to “1)”, “Overhead” next to “2)”, and “G&A” next to “3).”

5) In Pricing Tables 2 and 3, each row will apply to a different Contractor Fiscal Year Period, which offerors shall identify with month, day, and year in the right-most column.

6) In Pricing Tables 2 and 3, offerors shall propose a Contractor Fiscal Year Period for each of its fiscal years through the life of the contract. Offerors shall assume that the life of the contract, including any extension, is February 16, 2021 through August 15, 2031.

7) In Pricing Tables 2 and 3, Facilities Capital Cost of Money (FCCOM) factors shall be separately identified if the offeror allocates FCCOM costs as part of its established or disclosed cost accounting practices.

B.3 PRICING TABLE 4 – PROFIT AND FEE PERCENTAGES

1) Offerors shall propose one profit percentage and one fee percentage per contract period.

2) The proposed profit percentages and fee percentages shall not exceed two decimal places.

3) Each proposed fee percentage shall not exceed 10.00%.

B.4 PRICING TABLE 5 – NTE HOURLY LABOR RATES

1) The Government locked the cells shaded in gray because they do not apply to this requirement.

2) Offerors shall propose one not-to-exceed (NTE) fully-loaded hourly labor rate per labor category/CLIN per period, regardless of which entity (offeror, subcontractor offeror, or other) is anticipated to perform the labor category.

3) Each proposed NTE fully-loaded hourly labor rate shall be based on one full-time equivalent (FTE) employee performing under a normal workweek of 40 hours (8 hours per day x 5 days per week) inside the Continental United States (CONUS) (50 States plus District of Columbia), and 72 hours (12 hours per day x 6 days per week) outside the Continental United States (OCONUS).

4) Each proposed NTE fully-loaded hourly labor rate shall consist of a proposed unloaded hourly rate, any labor-related direct costs (e.g., any fringe benefits, bonuses), applicable indirect costs, and profit. It shall not consist of any other costs, including other compensation costs like post hardship differential pay and danger pay. See Section B.4.

5) Each proposed NTE fully-loaded hourly labor rate for OCONUS performance shall exclude all paid time off (e.g., vacation, sick, holidays) costs because these costs are inapplicable. As such, offerors shall ensure these costs are excluded from any indirect cost pool(s) comprising the proposed NTE fully-loaded hourly labor rates for OCONUS performance.

6) The proposed NTE fully-loaded hourly labor rates shall apply only to individuals who have legal status to work in the United States of America (e.g., United States citizens, United States resident aliens, and individuals with permits showing authorization to work in the United States).

7) Each proposed NTE fully-loaded hourly labor rate shall not exceed two decimal places.

B.5 PRICING TABLE 6 – IDIQ PRICES

1) The number specified in the “Staffing” column in Pricing Table 6 represents only an estimate of the number of full-time equivalent (FTE) employees that may be required to perform the requirement.

2) The Government provided formulas to transfer automatically the proposed NTE fully-loaded hourly labor rates from Pricing Table 5 to the respective cells in the “NTE Rate” column. However, offerors shall verify the transfer.

3) The Government provided formulas to calculate automatically each proposed subtotal in the labor section. Each formula is “Staffing” multiplied by “NTE Rate” multiplied by “Hours.” However, offerors shall verify the arithmetic accuracy.

4) The Government provided formulas to calculate automatically the proposed subtotals, totals, and overall proposed price. However, offerors shall verify the arithmetic accuracy.

5) The proposed subtotals, totals, and overall proposed price shall be in whole numbers (i.e., no decimals).

6) Offerors shall not add or delete any labor categories or associated NTE rates identified in Pricing Tables 5 and 7.

B.6 PRICING TABLE 7 – ADDITIONAL &EMERGENCY (A&E) RATES

1) Offerors shall propose one NTE fully-loaded hourly A&E labor rate per applicable labor category per period, regardless of which entity (offeror, subcontractor offeror, or other) is anticipated to perform the labor category.

2) The proposed NTE fully-loaded hourly A&E labor rates shall be based on performance exceeding a normal workweek of 40 hours (8 hours per day x 5 days per week) for performance inside the continental United States (CONUS). See B.4.

3) Each proposed NTE fully-loaded hourly A&E labor rate shall consist of a proposed unloaded hourly rate, overtime premium, any labor-related direct costs (e.g., any fringe benefits, bonuses), applicable indirect costs, and profit. It shall not consist of any other costs, including other compensation costs like post hardship differential pay and danger pay. See Section B.4.

4) The proposed NTE fully-loaded hourly A&E labor rates shall apply only to individuals who have legal status to work in the United States of America (e.g., United States citizens, United States resident aliens, and individuals with permits showing authorization to work in the United States).

5) The proposed NTE fully-loaded hourly A&E labor rates shall be listed in the “Rate” column.

6) The proposed A & E labor rates shall not exceed two decimal places.

B.7 PRICING TABLE 8 – NTE DAILY LABOR RATES

1) The Government locked all cells. Offerors are not required to enter information in any of the cells as the Government either had established formulas to populate automatically the relevant data for such cells or offerors are not otherwise required to enter information in such cells.

2) In Pricing Table 8, the Government provided formulas to multiply automatically the proposed NTE fully-loaded hourly labor rates from Pricing Table 5 by 8 or 12, respectively. However, offerors shall verify the arithmetic accuracy.

3) The column heading “8” column represents the number of hours constituting a day under a 40-hour normal workweek (8 hours per day x 5 days per week). The column heading “12” column represents the number of hours constituting a day under a 72-hour normal workweek (12 hours per day x 6 days per week).

B.8 CONTRACTOR PROVIDED DETAIL PRICING TABLES

1) Offeror shall provide Detail Pricing Tables showing for each performance period the build-up of each NTE fully-loaded hourly labor rate proposed in Pricing Table 5 (see exception under “Supporting Information” in this section). Offerors shall identify on the build-up schedule:

a. Each RFP-specified labor category (see Sections J Attachment 1)

b. Identification of whether the proposed fixed fully-loaded hourly labor rate applies to labor performed by a service employee (as defined in FAR 22.001) or by a professional employee (as defined in 29 CFR 541)

c. Identification of whether the proposed NTE fully-loaded hourly labor rate applies to labor performed by: 1) the offeror; 2) subcontractor offeror(s); and/or 3) divisions, subsidiaries, or affiliates of the offeror under a common control.

d. Proposed unloaded hourly labor rate

e. Each proposed labor-related direct cost description (if applicable) (e.g., fringe benefits, bonuses)

f. Each proposed labor-related direct cost (if applicable)

g. Each proposed indirect cost rate description (e.g., Overhead, G&A)

h. Each proposed indirect cost rate

i. Each proposed indirect cost

j. Proposed profit percentage

k. Proposed profit dollar amount

l. Proposed NTE fully-loaded hourly labor rate

2) Each proposed profit percentage used in the build-up of each NTE fully-loaded hourly labor rate proposed in Pricing Tables 5 and 7 shall match the respective profit percentage proposed in Pricing Table 4.

3) In the contractor provided Detail Pricing Tables (in electronic submission only), offerors shall show with formulas the arithmetic process by which they calculated their proposed NTE fully-loaded hourly labor rates in Pricing Tables 5 and 7.

4) The proposed NTE fully-loaded hourly labor rates shall match the respective proposed NTE fully-loaded hourly labor rates in Pricing Tables 5 and 7.

5) The proposed applicable ceiling indirect cost rates shall match the respective ceiling indirect cost rates proposed in Pricing Table 3.

6) Offerors shall ensure that the proposed applicable ceiling indirect cost rate(s) are for the contractor fiscal year(s) that coincides with the contract performance period. When a given performance period traverses two contractor fiscal years, the offeror shall show and compute accordingly for the given performance period the proposed applicable ceiling indirect cost rate(s) for each of the two contractor fiscal years.

7) For proposed NTE fully-loaded hourly labor rates based on a 40-hour normal workweek, offerors shall identify the hours in excess of an average of 40 hours per week, by labor category at the same level of detail as compensated hours, and the uncompensated overtime rate per hour, whether at the prime or subcontract level, for any proposed hours against which an uncompensated overtime rate is applied [see FAR 52.237-10 (Identification of Uncompensated Overtime)]. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged direct.

B.9 NARRATIVE

1) Offerors shall identify, for each labor category, the basis of estimate of the proposed unloaded hourly labor rates. Examples can be but not limited to actual salary and market survey(s).

2) Offerors shall identify the number of hours in their normal workweek.

3) Offerors shall identify, based on Pricing Table 6, their:

a. proposed subcontractors;

b. total dollars estimated to be subcontracted to each proposed subcontractor;

c. total dollars estimated to be performed by the offeror; and

d. percentage of work (based on estimated total dollars) to be performed by the offeror and each proposed subcontractor.

4) Offerors shall identify the name and full contact information of their cognizant Federal auditor (e.g., local Defense Contract Audit Agency branch).

5) Offerors shall identify the name and full contact information of their cognizant Federal agency official (CFAO). The CFAO works in the offeror’s cognizant Federal agency, which is normally the agency with which the offeror has the largest dollars in negotiated contracts, including option periods. See FAR 42.003.

B.10 SUPPORTING INFORMATION

1) In the Supporting Information, offerors shall submit evidence to support the provisional billing indirect cost rates proposed in Pricing Table 2. Offerors shall submit such at least one of the following pieces of evidence, pursuant to the following order of preference:

a. Current negotiated indirect cost rate agreement with the offeror’s cognizant Federal agency official

b. Current forward pricing rate recommendation issued by the offeror’s cognizant Federal agency official

c. Most recent (within the last two years) audit report from the Defense Contract Audit Agency (DCAA) or other qualified external auditor

d. Most recent (within the last two years) audit report from a qualified internal auditor

e. Current indirect cost rate proposal submitted to the offeror’s cognizant Federal agency official and cognizant auditor

f. Identification of the indirect cost pools and respective allocation bases, and breakdown of the cost elements/costs comprising such pools and bases. The Government prefers that the offeror submit such evidence in a format similar to the applicable schedules in Enclosure 6 (Incurred Cost Proposals) of DCAA’s Information for Contractors, which may be found on DCAA’s Web site (www.dcaa.mil) under the “Audit Process Overview – Information for Contractors” link under the Guidance tab at the top of the homepage.

2) In accordance with FAR 52.237-10(f) (Identification of Uncompensated Overtime), offerors shall include a copy of their policy addressing uncompensated overtime.

3) Offerors, in accordance with FAR 15.404-3(b) (Subcontract Pricing Considerations), shall conduct appropriate cost or price analyses to establish the reasonableness of proposed subcontract prices, and shall include the results of these analyses.

Results shall be in the form of the cost/price analysis report(s), which shall include:

3. cost/price analysis technique(s) used (e.g., comparison of proposed prices received in response to the solicitation);

3. summary findings;

3. detailed findings; and

3. basis for the determination of fair and reasonable proposed subcontract prices.

4) At this time, the Government does not require submission of subcontractor offerors’ build-up of their proposed or negotiated fully-loaded hourly labor rates, or breakdown of subcontractor offerors’ proposed or negotiated unit prices, but the (prime) offeror shall show on its build-up schedule in the Detail Pricing Tables any applicable indirect costs and profit it applied to the subcontractor offerors’ proposed or negotiated fully-loaded hourly labor rates and unit prices.the Government does not require submission of the (prime) offeror’s breakdown of its proposed unit prices and NTE unit prices. Thus, (prime) offerors shall not submit such information at this time.

5)

6) At this time, the Government does not require submission of subcontractor offerors’ build-up of their proposed or negotiated fully-loaded hourly labor rates, or breakdown of subcontractor offerors’ proposed or negotiated unit prices, but the (prime) offeror shall show on its build-up schedule in the Detail Pricing Tables any applicable indirect costs and profit it applied to the subcontractor offerors’ proposed or negotiated fully-loaded hourly labor rates and unit prices.

L.13.1.4 VOLUME 3 - SAMPLE TASK ORDER - TECHNICAL RESPONSE

The Offeror shall provide a technical response to the Baghdad Security Sample Task Order, provided as Section L Exhibits 2.1.0 – 2.1.7, in the form of a Task Order Management Plan (TOMP). (See Exhibit 2.1.6 – Baghdad Security – Section L - Proposal Instructions).

The technical response must demonstrate a direct attribution of the requirements identified in the Sample Task Order and demonstrate the Offeror’s overall capacity to perform. The Offeror must provide a detailed description of how it will perform the work. Simply repeating or paraphrasing the content of the Sample Task Order is not acceptable and will likely result in poor technical ratings or outright proposal rejection as non-responsive.

Proposals involving joint ventures and / or sub-contractor teaming arrangements shall clearly state the tasks or work to be performed by each partner / service provider, as well as how the Offeror intends to allocate overall responsibility for the task order.

The Baghdad Security Sample Task Order pricing shall be evaluated as part of the technical response and will be based upon the offerors’ ability to adequately price task orders in accordance with the pricing instructions provided in Section L, Exhibit 2.1.6. Pricing shall be proposed using the pricing template provided with the Baghdad Security Sample Task Order and in accordance with pricing instructions provided in Exhibit 2.1.6. Baghdad Security – Section L – Proposal Instructions.

L.13.1.5 VOLUME 4 – PART 01: STANDARD FORM 33

The offeror shall complete blocks 12 through 18, as appropriate of SF-33 and complete all items of Section K.

L.13.1.6 VOLUME 4 – PART 02: BUSINESS / SOCIOECONOMIC PROPOSAL

1. In this volume, the offeror must demonstrate its financial capacity and management controls including property management, accounting, purchasing and other internal controls necessary to perform the services specified in Section C. The Government reserves the right to perform a pre-award survey (reference FAR subpart 9.1). The government will use this information primarily during the responsibility determination process as described by FAR part 9. The government may use information in this volume to substantiate claims made elsewhere by the offeror when applicable. The offeror shall also address their approach to promoting small / small disadvantaged business participation.

2. The offeror shall, at minimum, address the following elements (along with addressing its approach to promoting small/small disadvantaged business participation) in this Volume:

A. FINANCIAL RESOURCES

In order to support the Contracting Officer’s responsibility determination, the offeror shall provide evidence that it possesses sufficient financial resources to perform the requirements of the contract successfully. Offerors must provide a breakdown of the types and volume of work they currently perform. Describe the priority placed by your firm's top management on the work required by this solicitation, including an organization matrix that reflects how the WPS program will fit into your organizational structure. Provide a current statement of financial condition, certified by a third party that includes:

a. Balance Sheet that shows the assets owned and the claims against those assets, or what the offeror owns and what it owes; and

b. Income (profit-loss) Statement that shows profit and loss for the past three years; and

c. Cash Flow Statement that shows the firm's sources and uses of cash during the most recent accounting period. This will help the Government assess a firm's ability to pay its obligations.

B. BUSINESS CONTROLS, BUSINESS SYSTEMS, AND JOINT VENTURE

1. Controls Offerors shall describe how it has the necessary organization, experience, operational controls, and technical skills, or the ability to obtain them prior to award.

2. Estimating System Offerors shall indicate if it has a Government-determined adequate estimating system. If the offeror has such a system, it shall submit evidence to support the adequacy determination. If the offeror does not have such a system, it shall describe its estimating system and established estimating policies, practices, and procedures.

3. Billing System Offerors shall indicate if it has a Government-determined adequate billing system. If the offeror has such a system, it shall submit evidence to support the adequacy determination. If the offeror does not have such a system, it shall describe its billing system and established billing policies, practices, and procedures.

4. Purchasing System Offerors shall indicate if they have a Government-approved purchasing system. If the offeror has such a system, it shall submit evidence to support the approval. If the offeror does not have such a system, the offeror shall submit the name and contact information of the offeror’s Government cognizant Federal agency official. The cognizant Federal agency normally will be the agency with which the offeror has the largest dollar amount of negotiated contracts, including options.

5. Cost Accounting System Because at least some resultant task orders under this contract are anticipated to be other than firm-fixed-price or contain other than firm-fixed-price line items, the Contracting Officer, in accordance with FAR 16.104(i), will make a contract award only to an otherwise successful offeror who has an adequate cost accounting system. In this context, “adequate” is defined as “the Contracting Officer’s determination that the offeror’s cost accounting system is at a risk level sufficient for the Government to enter into a contract.” In making the adequacy determination, the Contracting Officer may consider any or all of the following factors: audit reports from Government agencies (e.g., Defense Contract Audit Agency); testimony from the Offeror’s cognizant Defense Contract Audit Agency office; audit reports from a qualified external independent accounting firm; and the adequacy, compliance, and status of the offeror’s corrective action plan, if applicable.

Offerors shall address the following issues in their description of their cost accounting system:

a. Does the Offeror have a cost accounting system that provides…