DRFP SECTION L.pdf

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Attached to
Orion Main Engine Federal contract opportunity
Solicitation number
80JSC020OME
Issued by
National Aeronautics and Space Administration Johnson Space Center

About this file

This document is a draft request for proposal for the Orion Main Engine issued by NASA's Johnson Space Center. The agency is seeking proposals to provide certification and production of the Orion Main Engine. Interested offerors are invited to submit written comments or questions on the draft RFP by January 21, 2020. A pre-proposal conference will also be held. The solicitation involves certification of the engine and production of a minimum of four engines with an option for up to 16 additional engines. Pricing will be fixed price with milestone payments. Small business goals are to be provided by offerors. The contract type will be indefinite delivery indefinite quantity with firm fixed price task orders.

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Text version

80JSC020OME

Draft Request for Proposal

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX

OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

52.211-7 ALTERNATIVES TO GOVERNMENT-UNIQUE STANDARDS (NOV

1999)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE,

EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

[X]DO

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONS (JAN

2017) (ALT 1) (OCT 1997)

52.222-24 PRE-AWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE

EVALUATION (FEB 1999)

1852.227-71 REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS (APR 2015)

1852.227-84 PATENT RIGHTS CLAUSES (APR 2015)

1852.233-70 PROTESTS TO NASA (DEC 2015)

L.2 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities;

or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of provision)

L.3 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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from

NASA/Johnson Space Center Attn: Ashley H. Chaves 2101 NASA Parkway Houston, TX 77058 Phone: 281-792-7921 Email: ashley.h.chaves@nasa.gov Solicitation: TBD

(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)

L.4 52.215-107 GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL

(AUG 2018) (JSC PROCUREMENT INSTRUCTION)

This acquisition is being conducted as a full and open competition. In providing these instructions, the Government’s intention is to solicit information that will permit a competitive evaluation of the Offeror’s proposal. The information solicited will demonstrate the Offeror’s competence and capability to successfully complete the requirements specified in the Performance Work Statement (PWS). Generally, the proposal shall:

(a) Demonstrate understanding of the overall and specific requirements of the proposed Contract; convey the company’s capabilities for transforming understanding into accomplishment; provide in detail, the plans and methods for so doing; and provide, as requested below, the price associated with so doing.

(b) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and substantiation of all information. The proposal should not simply rephrase mailto:ashley.h.chaves@nasa.gov or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements.

(c) Elaborate brochures or documentation, detailed artwork, or other superfluous embellishments are unnecessary and are not desired, unless specifically requested in a scenario response.

(d) Offerors are requested to provide information responsive to the items set forth below.

This information is considered essential for the Government to conduct a fair and uniform evaluation of proposals in accordance with the evaluation factors and subfactors provided in Section M. The items listed are not, however, all-inclusive and offerors should include in their proposals any further discussion believed to be necessary or useful in demonstrating their ability to perform the work under this Contract.

(e)The instructions in this part of Section L are directly related to the evaluation factors set forth in Section M.

(End of provision)

L.5 52.215-123 AVAILABILITY OF SPECIFICATIONS. (DEC 2019) (JSC

PROCUREMENT INSTRUCTION)

(a) For the purpose of this RFP, the Technical Reference Library contains the official versions of applicable and reference documentation. No other version of the documentation should be used.

(b) All non-copyrighted technical documentation which is incorporated directly by reference in this solicitation may be obtained online from the government-wide point of entry (GPE) OME Attachments/Links section. The OME acquisition website at:

https://procurement.jsc.nasa.gov/ome/ includes a link to the post at the GPE.

(c) All copy-righted technical documentation which is incorporated directly by reference in this solicitation cannot be placed on the OME Technical Reference Library. If the Offeror desires to have these copy-righted documents to prepare their proposal, they must be obtained, at the bidder's expense, from the organization that develops, establishes, and/or publishes those documents.

(d) Upon request, the Contracting Officer will furnish to the Offeror NASA technical documents not incorporated by reference.

(End of provision)

L.6 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract resulting from this solicitation.

(End of provision) https://procurement.jsc.nasa.gov/ome/ https://procurement.jsc.nasa.gov/ome

L.7 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS

(MAR 2000)

(a) The Government invites the offeror to propose terms under which the Government will make performance-based contract financing payments during contract performance. The Government will consider performance-based payment financing terms proposed by the offeror in the evaluation of the offeror’s proposal. The Contracting Officer will incorporate the financing terms of the successful offeror and the FAR clause, Performance-Based Payments, at FAR 52.232-32, in any resulting contract.

(b) In the event of any conflict between the terms proposed by the offeror and the terms in the clause at FAR 52.232-32, Performance-Based Payments, the terms of the clause at FAR 52.232-32 shall govern.

(c) The Contracting Officer will not accept the offeror’s proposed performance-based payment financing if the financing does not conform to the following limitations:

(1) The Government will make delivery payments only for supplies delivered and accepted, or services rendered and accepted in accordance with the payment terms of this contract.

(2) The terms and conditions of the performance-based payments must -

(i) Comply with FAR 32.1004;

(ii) Be reasonable and consistent with all other technical and cost information included in the offeror’s proposal; and

(iii) Their total shall not exceed 90 percent of the contract price if on a whole contract basis, or 90 percent of the delivery item price if on a delivery item basis.

(3) The terms and conditions of the performance-based financing must be in the best interests of the Government.

(d) The offeror’s proposal of performance-based payment financing shall include the following:

(1) The proposed contractual language describing the performance-based payments (see FAR 32.1004 for appropriate criteria for establishing performance bases and performance-based finance payment amounts).

(2) A listing of -

(i) The projected performance-based payment dates and the projected payment amounts; and

(ii) The projected delivery date and the projected payment amount.

(3) Information addressing the Contractor’s investment in the contract.

(e) Evaluation of the offeror’s proposed prices and financing terms will include whether the offeror’s proposed performance-based payment events and payment amounts are reasonable and consistent with all other terms and conditions of the offeror’s proposal.

(End of provision)

L.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

For Federal Acquisition Regulation (FAR) provisions, see https://www.acquisition.gov/browse/index/far For NASA FAR Supplement (NFS) provisions, see http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

(End of provision)

L.9 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

NONE

(End of provision)

L.10 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any NASA FAR Supplement (48 CFR Chapter 18) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of provision)

L.11 52.215-124 COMMUNICATIONS REGARDING THIS SOLICITATION. (AUG

2018) (JSC PROCUREMENT INSTRUCTION)

(a) Any communications in reference to this solicitation shall cite the solicitation number and be directed to the Contracting Officer:

Name: Ashley Chaves Email: ashley.h.chaves@nasa.gov Address: NASA - Lyndon B. Johnson Space Center (JSC)/Mail Code BT

2101 NASA Parkway, Houston Texas 77058-3696

(b) QUESTIONS REGARDING THIS SOLICITATION MUST BE PRESENTED IN WRITING and shall be submitted electronically to the above e-mail address by TBD in order https://www.acquisition.gov/browse/index/far http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf mailto:ashley.h.chaves@nasa.gov http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf https://www.acquisition.gov/browse/index/far that answers may be obtained and disseminated in a timely manner, since it is not expected that the proposal submission date will be extended. Oral communications are not acceptable in response to this solicitation. Questions shall not be directed to the technical activity personnel.

(End of provision)

L.12 1852.215-77 PREPROPOSAL/PRE-BID CONFERENCE (APR 2015)

(a) A preproposal/pre-bid conference will be held as indicated below:

Date: TBD

Time: TBD

Location: TBD

Other Information, as applicable: TBD

(b) Attendance at the preproposal/pre-bid conference is recommended; however, attendance is neither required nor a prerequisite for proposal/bid submission and will not be considered in the evaluation.

(c) Offerors, individuals, or interested parties who plan to attend the pre-proposal/pre-bid conference must provide the Contracting Officer in writing, at a minimum, full name of the attendee(s), identification of nationality (U.S. or specify other nation citizenship), Lawful Permanent Resident Numbers in the case of foreign nationals, affiliation and full office address/phone number. Center-specific security requirements for this pre-proposal/pre-bid conference will be given to a company representative prior to the conference or will be identified in this solicitation as follows: TBD. Examples of specific identification information which may be required include state driver’s license and social security number. Except for foreign nationals, the identification information must be provided at least TBD working days in advance of the conference. This information shall be provided at least TBD working days in advance of the conference for foreign nationals due to the longer badging and clearance processing time required. However, the Center reserves the right to determine foreign nationals may not be allowed on the Government site. The Government is not responsible for offerors’ inability to obtain clearance within sufficient time to attend the conference. Due to space limitations, representation of any potential Offeror may not exceed TBD company representatives/persons per Offeror. Any “lobbying firm or lobbyist” as defined in 2 U.S.C. 1602(9) and (10), or any Offeror represented by a lobbyist under the Lobbying Disclosure Act of 1995 shall be specifically identified.

(d) Visitors on NASA Centers are allowed to possess and use photographic equipment (including camera cell phones) and related materials EXCEPT IN CONTROLLED AREAS. Anyone desiring to use camera equipment during the conference should contact the Contracting Officer to determine if the site(s) to be visited is a controlled area.

(e) The Government will respond to questions regarding this procurement provided such questions have been received at least five (5) working days prior to the conference. Other questions will be answered at the conference or in writing at a later time. All questions, together with the Government’s response, will be transmitted to all solicitation recipients via the government-wide point of entry (GPE). In addition, conference materials distributed at the preproposal/pre-bid conference will be made available to all potential offerors via the GPE.

(End of provision)

L.13 1852.215-81 PROPOSAL PAGE LIMITATIONS (APR 2015)

(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation. Refer to Section L.14.2 Proposal Arrangement, Page Limitations, Copies, and Due Dates for provisions on page limitations, Table L-2 Overview of Proposal Volumes, Page Limitations, Copies, and Format.

(b) A page is defined as one side of sheet, 81⁄2 ″ × 11″, with at least one inch margins on all sides, using not smaller than 12 point type. Foldouts count as an equivalent number of 81⁄2 ″ × 11″ pages. The metric standard format most closely approximating the described standard 81⁄2 ″ × 11″ size may also be used. Other limitations/instructions identified as follows: (fill-in, if there are other limitations/instructions).

(c) Identify any exclusions to the page limits that are excluded from the page counts specified in paragraph (a) of this provision (e.g. title pages, table of contents) as follows: (TBD). In addition, the Price section of your proposal is not page limited. However, this section is to be strictly limited to price information. Information that can be construed as belonging in one of the other sections of the proposal will be so construed and counted against that section’s page limitation.

(d) If final proposal revisions are requested, separate page limitations will be specified in the Government’s request for that submission.

(e) Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the offeror.

(End of provision)

L.14 INSTRUCTIONS TO OFFERORS FOR A SOURCE EVALUATION BOARD

(SEB)

L.14.1 INTRODUCTION

The proposal volumes shall fully demonstrate that the Offeror understands and can successfully perform the requirements of the solicitation. The Offeror’s proposed approach to Mission Suitability and Price should be specific, detailed, and contain sufficient information to clearly and fully demonstrate the Offeror’s understanding of the requirements and the inherent risks associated with the objective of this procurement. Stating that the Offeror understands and shall comply with the requirements or paraphrasing the requirements is inadequate, as are phrases such as “Standard procedures shall be employed” and “Well-known techniques shall be used”.

The Offeror shall provide an assessment of the risks associated with the proposed approach, including the identification of impacts and mitigation recommendations in the appropriate Mission Suitability proposal volume. Information previously submitted, if any, shall be considered only to the extent it is resubmitted; it should not be incorporated by reference.

This section provides detailed instructions to Offerors to be used in the preparation of proposals.

It is organized as follows:

Paragraph Paragraph Title L.14.1 Introduction L.14.2 Proposal Arrangement, Page Limitations, Copies, and Due Dates L.14.3 Instructions for Preparation of Proposal L.14.4 Mission Suitability Factor (Volume I) L.14.5 Past Performance Information Factor (Volume II) L.14.6 Price Factor (Volume III) L.14.7 Responsibility Considerations (Volume IV) L.14.8 Model Contract (Volume V)

Table L-1 Cross Reference from Section L to Section M

Title Section

ID

Title Section

ID

Mission Suitability (MS) Factor - Volume 1

L.14.4 MS Factor – Volume I M.2

Overall Management Approach (MA) -MS Subfactor 1

L.14.4.1 MA - MS Subfactor 1 M.2.1

Technical Approach (TA) - MS Subfactor 2

L.14.4.2 TA - MS Subfactor 2 M.2.2

Title Section

ID

Title Section

ID

Safety and Mission Assurance Approach -MS Subfactor 3

L.14.4.3 Safety and Mission Assurance Approach - MS Subfactor 3

M.2.3

Small Business Utilization (SBU) Approach MS Subfactor 4

L.14.4.4 Small Business Utilization (SBU) Approach MS Subfactor 4

M.2.4

Past Performance Information Factor -Volume II

L.14.5 Past Performance Information Factor - Volume II

M.3

Price Factor - Volume III L14.6 Price Factor - Volume III M.4

Responsibility Considerations - Volume IV

L.14.7 Responsibility Considerations - Volume IV

M.5

Model Contract L.14.8 Model Contract M.6

L.14.2 PROPOSAL ARRANGEMENT, PAGE LIMITATIONS, COPIES, AND DUE

DATES

(a) The entire proposal is due by TBD at TBD p.m. Central Time. Proposal Volume II, Past Performance Information is requested early by TBD, but not officially due until the proposal submittal date. The delivery location is specified in L.14.3.2 52.215-108 Proposal Marking and Delivery through the Government-wide point of entry (GPE) (NOV 2019).

(JSC Procurement Instruction)

(b) Offerors shall arrange their proposals as set forth below in Table L-2. Proposal sections excluded from the page limit shall be placed at the end of each volume.

Table L-2: Overview of Proposal Volumes, Page Limitations, Copies, and Format

Volume No.

Title Page Limit

Electronic Copy

Format

I Mission Suitability 130 Management Approach Approach to Program Management

Project Management Plan

DRD OME-M-001

20 1 MS

Word

Technical Approach

Approach to Certification and Test 10 1 MS Word

Approach to Meeting the Intent of Technical Standards

15 1 MS

Word

Alternate Standards

DRD OME-T-094

None

Approach to Verifying and Controlling Engine Interfaces

15 1 MS

Word

Approach to Design and Insight Milestones

1 MS

Word

Integrated Master Schedule (IMS) and Schedule Deliverables

DRD-OME-M-002

5 1 MS

Word

OME Work Plan- Certification

DRD OME-M-003

15 1 MS

Word

Approach to Production 5 1 MS Word

OME Work Plan- Production

DRD OME-M-003

15 1 MS

Word

Safety and Mission Assurance Approach

Safety and Mission Assurance Plan

DRD OME-S-001

20 1 MS

Word

Small Business Utilization Approach

Small Business Subcontracting Plan

DRD OME-B-001

None 1 MS Word

II Past Performance Information Past Performance Description None 1 MS

Word Introductory Material 1 1 MS

Word Past Performance Environmental and Safety Data, Insurance Information, PP Attachments, and Organizational Chart

None 1 MS Word or Native Format

Past Performance Information (Matrix)

None 1 MS Excel

III Price Price Narrative None 1 MS

Word Templates None 1 MS

Excel

IV Responsibility Considerations Organizational Conflict of Interest (OCI) Information

None 1 MS Word

Taxpayer Identification Number None 1 MS Word

Waiver of Rights for Invention None 1 MS Word

Subcontracting Listing None 1 MS Word

Key Personnel 2 1 MS Word

V Model Contract ** All Offerors are required to submit the entire Model Contract inclusive of every Section A-J also to include all requested fill-ins.

Offerors shall also submit Section K, Representations and Certifications, with all fill-ins completed.

None 1 MS Word

** All Offerors are required to submit the entire Model Contract inclusive of every Section A-J and include all requested fill-ins. Offerors shall also submit Section K, Representations and Certifications, with all fill-ins completed.

L.14.3 INSTRUCTIONS FOR PREPARATION OF PROPOSAL

L.14.3.1 52.215-113 PROPOSAL FORMATTING INSTRUCTIONS. (NOV 2018) (JSC

PROCUREMENT INSTRUCTION)

(a)

(1) The following requirements apply to all sections of the proposal: The proposal text shall be submitted on 8 ½ x 11-inch electronic paper. The metric standard format most closely approximating the described standard 8 ½ x 11-inch size may also be used. Information shall not be incorporated by reference. A suitable table of contents shall be provided with each volume for ready reference to sections, tables, and figures. Pages shall be formatted in a standard page style, without the use of numerous columns.

(2) The following requirements apply to the sections of the proposal which are page limited:

Sections of the proposal which are page limited shall be prepared and submitted using non-compressed Times New Roman font with single-spaced 12 point text with a one-inch margin on all sides in accordance with Microsoft Word default settings. Character spacing shall be “Normal” per Microsoft Word settings. Text in diagrams, charts, tables, artwork, and photographs shall be no smaller than 12 point text size. Diagrams, charts, tables, artwork and photographs shall not be used to circumvent the text size limitations of the proposal. The margins may contain headers and footers but shall not contain any proposal content to be evaluated.

(3) All pages in each volume shall be numbered sequentially with Arabic numerals (1, 2, 3, etc.) for contents subject to page limitations. Each side of the sheet, tab, or divider containing proposal material will be counted as part of the appropriate volume’s page limitations.

Information that can be construed as belonging in another volume of the proposal will be so construed and counted against the appropriate volume’s page limitation.

(4) Title pages, table of contents, cross-reference matrices, glossaries, acronym lists, page tabs, and section dividers that do not contain information that can be construed as proposal information will not be counted as part of the page limitations. However, these pages shall be numbered with lower case Roman numerals (i, ii, iii, etc.) in order to provide ease of reference for the Government.

(5) Large tables, charts, graphs, plans, figures, diagrams, and schematics (not text) may be inserted in 11 x 17 inch pages. These 11 x 17 inch pages shall be counted as two pages against the page limitations and shall have one-inch margin on all sides.

(6) Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the offeror in accordance with NFS 1815.204-70(b). Minor informalities or irregularities in a proposal that can be adjusted, corrected, or waived without being prejudicial to other offeror(s) may be accepted if it is immaterial to the acquisition. However, any pages contained in a page-limited section of your proposal which do not comply with the RFP requirements may be returned by the Government and not evaluated.

(b)

(1) The following requirements apply to the sections of the proposal which are not subject to page limitations: Sections of the proposal which are not page limited do not need to abide by the font type or size, page size, or margin requirements of the page limited sections, though the offeror should ensure readability. All pages in each section shall be numbered sequentially with Arabic numerals (1, 2, 3, etc.) Title pages, table of contents, cross-reference matrices, glossaries, acronym lists, etc. shall be numbered with lower case Roman numerals (i, ii, iii, etc.) in order to provide ease of reference for the Government. Headers, footers, and corporate logos are not subject to the font type and size limitations.

(2) The electronic proposal shall be prepared and submitted in Microsoft Office® 2016 applications (Word and Excel). Further, the Microsoft Excel spreadsheets shall be submitted in Microsoft Excel format, not in a scanned Microsoft Word or Adobe PDF file. Microsoft Word documents shall be submitted in Microsoft Word format, not in an Adobe PDF file.

(3) Each volume of the proposal should be submitted as a separate electronic file. The offeror shall not embed sound or video files into the proposal files. Minimize the use of scanned images and keep embedded graphics as simple as possible.

(4) An electronic cover sheet should be contained as the first page of each electronic file clearly marked with volume number, title, solicitation identification, and the offeror’s name.

Be sure to apply all appropriate markings, including those prescribed in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-5, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

(5) Provide a Cross Reference List that tracks the page and paragraph numbers of the Offer’s proposal to the page and paragraph numbers in the Government’s instructions. A Cross Reference List shall be submitted in each Volume for that particular volume.

(6) If final proposal revisions are requested, separate page limitations will be specified in the Government's request for that submission.

(End of provision)

L.14.3.2 52.215-108 PROPOSAL MARKING AND DELIVERY THROUGH THE

GOVERNMENTWIDE POINT OF ENTRY (GPE) (NOV 2019). (JSC

PROCUREMENT INSTRUCTION)

(a) Proposals are to be submitted using the GPE, as defined in FAR 2.101. Failure to submit a complete electronic proposal by the due date and time specified for this RFP shall result in the proposal being considered late, and shall be handled in accordance with FAR 15.208(b).

(b) All offerors shall follow usage requirements as outlined at the GPE. The Government is not responsible for any failure attributable to the transmission or receipt of documents submitted using electronic means, including the missing of any established deadlines. It is the Offeror’s responsibility to submit correct proposal package(s) and to verify correct submission by using the instructions provided at the GPE. Any notification received from the GPE does not constitute record of proper submission. It is the Offeror’s responsibility to confirm the Government’s receipt of transmitted information matches the information submitted by the Offeror per the instructions at the GPE.

(c) Offerors are advised to take note of any stated file size limitations, or other warnings, that may result in system difficulties. All the proposal files may be compressed (zipped) into one file titled “SOLICITATION#_VENDORNAME.zip” or uploaded individually. The electronic proposal shall contain all information required by the solicitation to be determined responsive. Files shall not have password protection, encryption, or any access or viewing restrictions.

L.14.4 MISSION SUITABILITY FACTOR - VOLUME I

The Mission Suitability proposal shall explain how the Offeror proposes to comply with the applicable requirements, as well as, the techniques and processes the Offeror proposes to implement. The Offeror’s proposal as a whole should define the Offeror’s proposed scope of work, the integrated flow and duration for these objectives and approach for payment. The Offeror shall format the proposal to address all areas of the following Mission Suitability instructions in the order they are described and requested below.

The following Subfactors apply to the Missions Suitability Factor – Volume 1:

Subfactor 1. Management Approach

Subfactor 2. Technical Approach

Subfactor 3. Safety & Mission Assurance Approach

Subfactor 4. Small Business Utilization Approach

L.14.4.1 OVERALL MANAGEMENT APPROACH (MA) - MISSION SUITABILITY

SUBFACTOR 1

The Offeror shall provide their response to the Orion Main Engine Program Management Plan

DRD OME-M-001.

The Offeror shall deliver their Insight Implementation Plan as defined in DRD OME-M-001, Section 13.1, Paragraph f. The Offeror’s approach shall identify transparency to critical activities of interest, such as Offeror design, production or operational changes, critical decisions, key testing events, significant technical problem resolution, critical meetings to the Government, and engage the Government in such activities.

The Offeror shall provide a narrative description of their approach to providing the insight for the activities considered high development risk as defined in Attachment J-1 Performance Work Statement, Paragraph 11.1, Engine Development, Assembly, and Test.

The Offeror shall provide a narrative description of the type of meetings and reviews NASA will be incorporated into and how NASA will be incorporated into those meetings and reviews.

L. 14.4.2 TECHNICAL APPROACH (TA) - MISSION SUITABILITY SUBFACTOR 2

Approach to Certification and Test The Offeror shall provide a narrative description on the current state of design maturity of their engine and the approach to advance their design to achieve certification for manned flight hardware. The Offeror shall show how they will advance the Design, Development, Test, and Evaluation (DDT&E), production and operational aspects of certification through the required Certification Milestone Reviews, to achieve NASA’s certification of the OME NLT Quarter 2 of 2025. The Offeror shall provide a narrative on the state of their Computer

Aided Design (CAD) model and drawing development effort required to be compliant with the OME design requirements.

The Offeror shall provide a narrative description of how their proposed DDTE/Certification approach minimizes the risks associated with completion of their design and meeting performance requirements for certification. The Offeror shall include any necessary risk mitigations for meeting contract requirements, objectives and schedule, including potential schedule impacts associated with response to NASA feedback.

The Offeror shall provide a narrative description of their development and qualification test philosophy and describe how that philosophy is sufficient to verify the MPCV 72634, OME Project Technical Requirements Specification (PTRS) requirements and provide an understanding of design margin. The Offeror shall describe any innovations for optimizing test schedule and propellant costs while fulfilling verification goals.

If the Offeror plans to use a previously certified design, and changes to the manufacturing process or test conditions are planned, then the Offeror shall provide a narrative description of a clear and rigorous recertification approach for verifying that prior design certification data on the previously certified design is still valid for the OME.

Approach to Meeting the Intent of Technical Standards The Offeror shall provide their response to the Alternate Standards OME-T-094 DRD.

The Offeror shall provide a narrative description of their approach to Performance Work Statement (PWS) 8.2.1, Certification Milestone 1 - System Requirements Review (SRR), Table 1, Entrance Criteria 4(l) concerning developing agreement with the NASA OME Project of the remaining applicable standards that are listed as “Meet the Intent” in Attachment J-3, Applicable, Meet The Intent, Informational & Tailored Documents List.

Approach to Verifying and Controlling Engine Interfaces The Offeror shall provide a narrative description of their approach to OME-T-001, Models, Emulators/Simulators, Simulations, Section 13.3, Contents, Paragraph 16.

The Offeror shall provide a narrative description of their approach to ensure compliance with PTRS Section 3.7, Interface Requirements.

Approach to Design and Insight Milestones The Offeror shall provide a response to the Integrated Master Schedule (IMS) and Schedule Deliverables DRD OME-M-002.

The Offeror shall provide their response to the OME Work Plan DRD OME-M-003. Based on their approach, the Offeror shall propose their interim milestones leading to certification in PWS 8.2 Technical Milestone Reviews (OME Certification) and Section H Clause OME Certification & Engine Production Payments, Milestone Events, and Completion Criteria, in accordance with the instructions set forth in provision L.14.6.1 Instructions for Milestones, Milestone Acceptance Criteria and Payment Schedule.

The Offeror shall propose summaries of the type and magnitude of tasks and activities to be accomplished for each Certification Milestone Review and interim milestones, including assumptions and references to work statements identified in the PWS (Attachment J-1).

The Offeror shall describe a proposed schedule of performance milestones that are consistent with Clause OME Certification & Engine Production Payments, Milestone Events, and Completion Criteria, including descriptive title, objective success criteria, rationale, and planned achievement dates. Milestones shall represent the progress of significant technical and business events in the performance of the contract.

The Offeror shall propose any additional interim milestones, associated payment amounts, and accomplishment criteria (for any new milestones proposed) that correspond to key production and required deliverable schedules in accordance with the OME Work Plan OME-M-003.

Section H Clause, OME Certification & Engine Production Payments, Milestone Events and Completion Criteria Table II.A.1-2: Engine Production Payment Schedule, identifies the minimum milestones the Contractor shall propose.

Approach to Production The Offeror shall provide their response to the OME Work Plan DRD OME-M-003 for PWS Section 8.3 Technical Milestone Reviews (OME Production – Delivery).

The Offeror shall provide a narrative description of their approach to conducting production activities for the OME including delivery/DD-250 planning, management, production, integration, and execution activities, the relationship to the DDTE/Certification activities, and the maintenance of OME certification.

L.14.4.3 SAFETY AND MISSION ASSURANCE APPROACH - MISSION

SUITABILITY SUBFACTOR 3

The Offeror shall provide a response to the Safety and Mission Assurance (S&MA) Plan

OME-S-001.

L.14.4.4 SMALL BUSINESS UTILIZATION (SBU) APPROACH - MISSION

SUITABILITY SUBFACTOR 4

All Offerors, except small businesses, must complete the portion of the instructions under Small Business Subcontracting specific to the Small Business Subcontracting Plan, (DRD- OME-B-001). Small businesses are not required to submit Small Business Subcontracting Plans; however, small businesses are required to indicate the amount of effort proposed to be done by a small business either at the prime level or at the first tier subcontract level.

The instructions regarding Small Disadvantaged Business (SBD) participation apply to all Offerors.

Small Business Subcontracting – Small Business Subcontracting Plan Required by the FAR:

(a) This solicitation contains FAR Clause 52.219-9, “Small Business Subcontracting Plan and its Alternate II”. The Plan described and required by the Clause, including the associated subcontracting percentage goals and subcontracting dollars, shall be submitted with your proposal via the Small Business Subcontracting Plan, (DRD-OME-B-001).

(b) The Contracting Officer’s determination of the appropriate subcontracting goals for this acquisition are as follows:

Small Businesses (SB)* TBD

Small Disadvantaged Business Concerns (SDB) (Includes SDB’s in represented and under-represented areas*) TBD

Women Owned Small Business Concerns (WOSB) TBD

Historically Black Colleges and Universities and Other Minority Institutions (HBCU/MI) TBD

Historically Underutilized Business Zone (HUBZone) Small Business Concerns (HBZ) TBD

Veteran Owned Small Business Concerns (VOSB) TBD

Service-Disabled Veteran-Owned Small Business Concerns

(SDVOSB) TBD

* Although 15 U.S.C. 637(d) requires subcontracting plans to contain information about SDB concerns, case law prevents the Government from giving evaluation credit to business types based on race or ethnicity unless those businesses are in under-represented industries. The Section M evaluation for SDB participation ensures that the Government only evaluates participation of SDBs in industries that are designated by the Department of Commerce as underrepresented. For purposes of the Small Business Subcontracting Plan, the proposed subcontracting goal for SDBs will be evaluated based upon the SDB’s status as a small business.

(c) The numbers above reflect the Contracting Officer’s assessment of the appropriate subcontracting goals to be achieved at the completion of contract performance. If it is anticipated that the proposed small business goals will not be met by the submission of the first Individual Subcontracting Report (ISR) for this effort as required by FAR 52.219-9, the offeror shall discuss as part of their Small Business Subcontracting Plan their approach to include timeline for meeting the Small business goals and the associated rationale.

(d) The stated goals represent the minimum for the OME contract. If the offeror proposes goals higher than the Contracting Officer’s recommendation, the offeror shall document the methodology behind determining those goals, and their approach to successfully managing the subcontractor and consistently meeting the higher proposed goals in the face of the uncertain environment facing JSC. Offerors shall also address their approach for managing the subcontractor for both positive and negative performance. The offeror shall also describe in detail their approach for managing and maintaining high goals with an uncertain and unpredictable workload and constant workload fluctuation.

(e) The Plan submitted with the proposal shall be incorporated in Section J as the Small Business Subcontracting Plan, (DRD-OME-B-001), of the resulting contract. The requirements in the Plan must flow down to first tier large business subcontracts expected to exceed $700,000 or $1,500,000 for construction of a public facility. Although these first tier large business subcontractors are encouraged to meet or exceed the stated goals, it is recognized that the subcontracting opportunities available to these subcontractors may differ from those suggested in the solicitation based upon the nature of their respective performance requirements.

(f) Offerors are advised that a proposal will not be rejected solely because the submitted Plan does not meet the NASA recommended goals that are expressed in paragraph (a) (2) above in terms of percent of TOTAL CONTRACT VALUE (basic and all options combined). NASA will consider the amount of work being retained for performance by the prime contractor in-house and the associated rationale when determining whether a subcontracting plan is acceptable. Offerors shall discuss the rationale for any goal proposed that is less than the Contracting Officer’s recommended goal in any category. In addition, the offeror shall describe the efforts made to establish a goal for that category and what ongoing efforts, if any, the offeror plans during performance to increase participation in that category.

(g) In addition to submitting a Small Business Subcontracting Plan, offerors shall complete Attachment L-2, SMALL BUSINESS SUBCONTRACTING TABLES, which provides a breakdown of the offeror’s proposed goals, by small business category, expressed in terms of both a percent of TOTAL CONTRACT VALUE and a percent of TOTAL PLANNED SUBCONTRACTS. Offerors shall modify the exhibit to show the proposed subcontracting goals for the basic contract requirement and each option separately.

Commitment to the Small Business Program

(a) All offerors shall briefly describe work that will be performed by small businesses.

Proposals should also identify any work to be subcontracted that is considered “high technology.” High Technology is defined as research and development efforts that are within or advance the state-of-the-art in technology discipline and are performed primarily by professional engineers, scientists, and highly skilled and trained technicians or specialists.

Offerors shall describe any potential risks or impacts to seamless performance throughout the site when subcontracting out such efforts.

(b) If the subcontractor(s) is (are) known, offerors must connect the work to the subcontractor and specify the extent of commitment to use the subcontractor(s) (enforceable

vs. non-enforceable commitments). (Small Business offerors shall provide this information to the extent subcontracting opportunities exist in their approach to performing the requirement.)

(c) All offerors shall provide information demonstrating the extent of commitment to utilize small business concerns and to support their development. Information provided should include a brief description of established or planned procedures and organizational structure for Small Business outreach, assistance, participation in the Mentor Protégé program, counseling, market research and Small Business identification, and relevant purchasing procedures. (For Large Business offerors, this information should conform to applicable portions of the submitted Small Business Subcontracting Plan. Small Business offerors shall provide this information to the extent subcontracting opportunities exist in their approach to performing the requirement.)

II

Draft Request for Proposal

L.14.5 52.214-114 PAST PERFORMANCE INFORMATION (NOV 2018)(JPI) - VOLUME

(a) Offerors shall demonstrate past experience in all areas of the Performance Work Statement by submitting information on up to 3 past contracts that best demonstrates their ability to perform the OME work. Relevant past performance may include, but is not limited to, experience with Hypergolic propellants, experience in flight certification of a rocket engine, experience with meeting specifications, and efforts involving human-rated flight-proven hardware development. References with Government contracts are preferred, but not required. Offerors with no past performance experience shall so state.

(b) Provide information from organizations and companies for which each Key Personnel has previously performed work. Key Personnel with no past performance experience shall so state.

(c) Offerors shall consider the recency and relevance, as they relate specifically to this solicitation. Only contract period of performances within 10 years from the date of the OME original solicitation will be considered in the past performance evaluation.

(d) The following information shall be provided:

• Contract number, cage code, NAICS code, and Duns number (if other than the prime, provide the prime’s contract number and the offeror’s cage code and Duns number)

• Contract value (If other than the prime, provide the overall contract value and the subcontract contract value)

• Number of full-time equivalent employees assigned to the contract (if other than the prime, provide the number of full-time equivalent provided by the applicable subcontractor/entity)

• Employing Agency/Company Name

• Point of Contact (including address, telephone, and e-mail addresses)

• If a Government Agency, include both the Contracting Officer and Contracting Officer’s Representative points of contact

• Contract Description

• Place of Performance

• Period of Performance

• Contract Type

• Status of Contract (current, terminated (if so, why), successfully completed (include completion date))

• Consent Letters executed by each subcontractor, teaming partner, proposed program manager and/or joint venture partner, authorizing the release of past performance information so the offeror can respond to such information. See sample consent letter at Attachment L-4.

(e) Submit information contracts that you consider relevant in demonstrating the ability to perform the proposed effort. The submission shall include rationale supporting your assertion of relevance. This submission shall clearly detail what portions of the Performance Work Statement, the prime, major/minor subcontractors, proposed program manager, teaming partner, and/or joint venture partner are responsible for and the specific resources

(workforce, management, facilities, or other resources) to be employed and relied upon to perform the proposed effort. If the Past Performance volume includes data on any affiliated company, division(s), business units, segments, or other organizations of your company, then provide a narrative to address what they will be responsible for and/or proposing to do and the specific resources (workforce, management, facilities, or other resources) to be employed and relied upon, such that said parent et al will have meaningful involvement in contract performance.

(f) Complete the Past Performance Matrix. In the event of a conflict between the narrative and the relevance matrix, the narrative will take precedence as the offeror’s intended response.

This matrix is given in Attachment L-5.

(g) Provide an organizational chart displaying the relationships between the parent company, affiliate, and/or any other organizational entity (division(s), business units, or other segments of your company) which are proposed to perform the effort.

(h) Offerors, or any team members, the proposed program manager, and any other organizational entity (parent or affiliated company, division(s), business units, or segments of your company) which is considered to provide meaningful involvement in contract performance, shall each submit the Past Performance Questionnaire, Attachment L-3, to all of the point of contact references required in paragraph (c) above. The Offeror is responsible for ensuring that all references are directed to return two copies of each questionnaire directly to the Contracting Officer in a sealed envelope, or e-mail to the contact identified in Provision L.14.3.2 Proposal Marking Instructions.

(i) Where an Offeror chooses to request, from a civil servant employee at JSC, that a past performance questionnaire be submitted on its behalf for its proposed key personnel, please be advised that a Limited Communications Notice (LCN) has been issued in conjunction with this solicitation. The LCN directs that all civil service personnel at JSC shall refrain from communicating with industry on any matters related to this competitive procurement; as a result, while the civil servants may respond to the past performance questionnaire they will be unable to provide status to the offeror, or communication in any other fashion with the offeror, about that past performance request.

(j) Offerors may include up to one page of introductory material about the experience and performance of the company and subcontractors (if applicable). This introductory material is in addition to the page limitation constraints.

(k) Offerors shall provide the following performance data with explanatory remarks on contracts performed in the last three years. Offerors shall identify the applicable North American Industrial Classification System (NAICS) Code for each contract and shall include points of contact for each contract. If a joint venture or prime-subcontractor relationship is proposed, the same information shall be provided for each company proposed. Explanatory statements shall be included as appropriate. For all work performed during the past three years, offerors shall provide the following:

• Environmental Data:

(1) Copies of any and all environmental non-compliance correspondence and citations from federal, state or local agencies or authorities with explanatory remarks.

• Safety and Health Data:

(1) Copies of any and all OSHA citations with explanatory remarks.

(2) Records of the company’s occupational injuries and illnesses. These records shall include, for each worksite, as a minimum, number of occupational injuries and illness, annual average number of employees at the worksite, total hours worked by all employees, and applicable NAICS code. Provide records for the past three years with signature of a company executive. Provide explanatory remarks of adverse performance and methods being used to improve performance.

A copy of each year’s OSHA logs (Forms 300 and 300A) may be submitted or equivalent occupational injury and illness data.

(3) A letter from the insurance carrier providing workers compensation coverage (or equivalent) summarizing the Offeror’s Experience Modification Rates, loss run data, liability and lawsuit history related to safety and health performance for the past three years including history of changes to the experience modified rate.

If an Offeror self-insures, provide and certify the same information (except the experience modification rate history) with the signature of the responsible corporate officer or official.

(l) The prime offeror shall provide a statement of small business participation…

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