Atch 03 ProvClauses_Combined SynSol 20-R-0030.pdf

Attachment 03

Combined Synopsis/Solicitation

For

Capability Development Integration Directorate (CDID)

Futures & Concepts Center

Concept and Capabilities Specialist Services

W9124J-20-R-0030

Clauses and Provisions

ADDENDUM TO FAR 52.212-4: CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

52.203-3 Gratuities APR 1984

52.203-12 Limitation on Payments to Influence Certain Federal JUN 2020

52.203-16 Transactions Preventing Personal Conflicts of Interest

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement JUN 2020

52.204-4 To Inform Employees of Whistleblower Rights Printed or Copied Double Sided on Postconsumer Fiber

MAY 2011

52.204-7 Content Paper System for Award Management

OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract JUN 2020

52.204-13 Award System for Award Management Maintenance

OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.209-6 Protecting the Governments Interest When Subcontracting with JUN 2020

52.209-10 Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions—Commercial Items JAN 2018

52.215-1 Instructions to Offerors—Competitive Acquisition JAN 2017

52.217-5 Evaluation of Options JUL 1990

52.219-14 Limitations on Subcontracting MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020

52.223-18

52.225-13

Encouraging Contractor Polices to Ban Text Messaging While JUN 2020

Driving Restrictions on Certain Foreign Purchases JUN 2008

52.225-25

52.232-33

Prohibition on Contracting with Entities Engaging in Certain JUN 2020

Activities or Transactions Relating to Iran--Representations and Certifications Payment by Electronic Funds Transfer-System for Award OCT 2018

Management

52-232-18 52.232-39

Availability of Funds Unenforceability of Unauthorized Obligations

APR 1984

JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer’s Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials

252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011 Officials

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Alt A Alternate A, Annual Representations and Certifications APR 2020

252.204-7008 Compliance with Safeguarding Covered Defense Information OCT 2016 Controls

252.204-7015 Disclosure of Information to Litigation Support Contractors MAY 2016

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by MAY 2019

The Government of a Country that is a State Sponsor of Terrorism

252.222.7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports

252.232-7007 Limitation of Government’s Obligation APR 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustments DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

The following clauses/provisions are incorporated by Full Text in combined synopsis/solicitation

W9124J-20-R-0030.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-https://www.sam.gov/

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April

15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of

Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—

Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— https://www.acquisition.gov/content/part-42-contract-administration-and-audit-services#i1074222 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

“does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

“covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408 https://www.sam.gov/

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than

5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#iSubpart_4_10

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The

Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

https://www.acquisition.gov/content/part-32-contract-financing#i1080713 http://www.sam.gov/ http://www.sam.gov/

ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS

A. Proposal Submittal and Inquiries

1. Proposals shall be submitted prior to the closing date and time which is NOT LATER THAN 9:00

A.M. CENTRAL DAYLIGHT TIME on Monday, 28 September 2020.

2. All proposals shall be submitted electronically via email to the attention of both the following:

CONTRACT SPECIALIST: Arlisa T. Harley e-mail: arlisa.t.harley.civ@mail.mil

CONTRACTING OFFICER: Danny L. Choice, e-mail: danny.l.choice.civ@mail.mil

3. Offerors shall review the solicitation and its amendments (if applicable) and submit only written questions and/or comments with the Subject Line Reference: Questions/Comments/Exceptions for Concept and

Capabilities Specialist Services, W9124J-20-R-0030. All inquiries, questions and or comments shall be directed to the attention of both the following:

CONTRACT SPECIALIST: Arlisa T. Harley e-mail: arlisa.t.harley.civ@mail.mil

CONTRACTING OFFICER: Danny L. Choice, e-mail: danny.l.choice.civ@mail.mil

The deadline for the submittal of all Questions/Comments/Exceptions is Friday, 25 September 2020 at 12:00

P.M. (noon) CDT. Questions shall be submitted on and in the format delineated in Attachment 04, Questions_Answers Matrix.

4. Time for Acceptance: Unless the offeror annotates a different period of time within the proposal, the proposal shall remain valid for 180 days after the receipt date of the solicitation.

5. Site Visit: N/A

B. General Instructions

1. The selection of a source for award purposes will be conducted utilizing Best Value Subjective Trade off source selection in accordance with FAR Part 12, “Acquisition of Commercial Items,” in conjunction with

FAR 13.5, “Test Program for Certain Commercial Items,” and procedures as delineated in FAR Part 15.3, “Source Selection” as authorized in FAR 12.203 and supplemented by the Defense Federal Acquisition

Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). This acquisition is a 100% Woman Owned Small Business Set-Aside under NAICS 541611, Administrative

Management and General Management Consulting Services. Only Firms not exceeding the revenue size standard of $16.5M are eligible to submit an offer. Offers will be evaluated using the criteria under

Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award.” Noncompliance with the Request for

Proposal (RFP) requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

2. The Offer. The submission of the documentation specified below will constitute the Offeror's acceptance of the terms and conditions of the RFP, the Performance Work Statement and the contract type.

3. It is the Government's intention to award without discussions. Offerors are encouraged to present their best technical proposal and price in their initial proposal submission. However, in accordance with FAR

Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If this mailto:arlisa.t.harley.civ@mail.mil mailto:danny.l.choice.civ@mail.mil mailto:arlisa.t.harley.civ@mail.mil mailto:danny.l.choice.civ@mail.mil occurs, a competitive range will be determined and offerors notified. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals pursuant to FAR Subpart 15.306(c).

4. Instructions outlined in paragraph C below, prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

5. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

6. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

7. All referenced documents for this solicitation are available on the Contract Opportunities Website

(Previously known as FBO) at https://beta.sam.gov. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

8. Debriefings: The Contracting Officer will promptly notify offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR

15.505. The Contracting Officer will notify offerors who were in the competitive range of the source but were not selected for award in accordance with FAR 15.503(b). The Contracting Officer will notify Offerors who are not selected for award in writing. Upon such notification, unsuccessful offerors may request to receive a debriefing in accordance with the requirements of FAR 15.505 (pre-award) and FAR 15.506 (post-award).

C. Proposal Preparation Instructions

1. The Offeror’s proposal shall consist of four (4) volumes:

Volume I - General

Volume II- Technical Capability

Volume III- Past Performance

Volume IV – Cost/Price

2. Proposal Format

(a) Offerors shall submit a sanitized electronic copy of their proposal via e-mail. The email capacity of the Government server is 10MB per attachment. Larger files can be sent through the DoD SAFE

(Secure Access File Exchange) for files up to 8.0 GB that can't be sent through email: https://safe.apps.mil/. A timely request for a DoD SAFE Password must be sent to the Contracting POCs. Once request is received, an email will be sent allowing access to upload documents to the DoD SAFE site.

(b) Exceptions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors found in Addendum to FAR Clause 52.212-2 Evaluation Factors for Award. Failure to meet any requirement in this solicitation may result in an offer being ineligible for award. Any assumption, exceptions, or deviations must be addressed and communicated to the Contracting Officer prior to the closing date of this solicitation which is Monday 28 September 2020 9:00 A.M. (CDT). If the Offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify the applicable exception(s) with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, price, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Offerors are cautioned that taking an exception without prior approval from the Contracting Officer may render the offer ineligible for award. All exception(s) shall be submitted electronically in the format below.

Table 1 – Solicitation Exceptions

Solicitation Document Page/ Paragraph Requirement/ Portion Rationale & Impact

Section B, PWS/SOO/SOW, Section

L&M, etc

Applicable Page and

Paragraph Numbers

Identify the requirement or portion to which exception is taken.

Describe the rationale and impact of the exception.

c. The proposal shall be organized into four (4) volumes. All text shall be single spaced and black font on white background. Black and white requirement does not apply to graphics, photos, Company stationary and logos. Times New Roman or Arial font required. Text shall be a minimum font size of 12. Cross-references should be utilized to preclude unnecessary duplication of data between sections. Page numbers, headers and footers may be outside the page margins and are not bound by the 12 font size, but shall be no smaller than 8-point. Additionally, fonts as small as 8-point can also be used in tables, charts, graphs, and figures as well as used in callout boxes and figure captions. Each paragraph shall be separated by at least one blank line. All text pages shall be oriented in portrait. Landscape orientation is acceptable for tables and/or charts if required to properly present the information. Margins shall be at least 1 inch on the top and bottom and ¾ inch on the sides.

The Offeror shall number each page. In the event the Offeror creates an ambiguity in their numbering, the

Government may exercise its own discretion in counting pages. The proposal shall not exceed the following page limits:

Volume I General: No Page Limit

Volume II - Technical Capability: 25 pages (excluding resumes)

Volume III- Past Performance: 25 pages

Volume IV – Cost/Price: No Page Limit

d. Proposal Limitation. If the page limits are exceeded, the pages in excess of the limit shall not be evaluated. The Government will not accept any changes to the offeror’s proposal after the closing date of the solicitation (see FAR 15.208 for further information regarding late proposals). If discussions are necessary, page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to offerors.

(e) Page limits includes all appendices, charts, graphs, diagrams, tables, photographs, drawings, and other information provided in the proposal.

(f) Page Limit does not include covers for volumes, table of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. Pages will be counted if they contain any other information, i.e. diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted.

(g) What counts as a page? A page shall be an 8 ½ X 11” sheet of paper. When both sides of a sheet display printed material, it shall be counted as two pages. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8 ½” X 11” sheet of paper. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The Offeror shall number each page in order to eliminate any confusion. In the event offeror creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

(h) Indexing. Each volume shall contain a detailed table of contents to delineate the subparagraphs within that volume.

(i) Glossary of Abbreviations and Acronyms. Each volume shall contain a glossary of all abbreviations and acronyms used, with a definition for each.

3. Proposal Content:

(a) Volume I – General. Offerors are required to submit a completed solicitation (including acknowledgment of Amendments), and complete all Representation, Certifications, and Other Statements of

Offerors. All final monetary extensions shall be in whole dollars only. Failure to follow the below Contract

Proposal preparation instructions may cause your proposal to be deemed unacceptable by the Government. The

General Volume shall be organized as follows and contain the identified information.

TAB A, Exceptions/Assumptions (if required) - Identification and explanation of any

Contracting Officer approved exceptions or deviations. Additionally, any assumptions used in the proposal preparation must be identified.

TAB B, Solicitation, Offer and Award - The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the

Government.

TAB C, Section B (Supplies or Services and Prices/Costs) - Section B shall be submitted fully completed and error free. It shall contain the offeror’s prices for the established Contract Line Items Numbers

(CLINS).

TAB D, (Representation, Certifications, and Other Statements of Offerors) – The offeror shall ensure each certification/representation is completed truthfully and completely. Complete FAR Provisions

52.212-3—Offeror Representations and Certification—Commercial Items and 52.222-22—Previous Contract and Compliance Reports. The Offeror shall ensure that these provisions are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

TAB E, In the event the Offeror is a joint venture, the Offeror shall provide a copy of the JVA signed by all partners. The JVA shall specify the rights and responsibilities of each partner and shall identify the managing partner. In addition, the Offeror shall provide a summary narrative that specifically delineates what each partner will do in regard to performing the contract. The responsibilities of the managing partner are significantly more important than the responsibilities of all other partners combined.

In the event the Offeror will be subcontracting with another or multiple businesses, the Offeror shall not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded IAW FAR 52.219-30 (Deviation 2019-

O00003).

TAB F Organizational Conflicts of Interest (If Applicable). The offeror shall disclose all organizational and/or personal conflicts of interest of this solicitation to the Contracting Officer as soon as possible so that potential conflicts can be analyzed in accordance with FAR Subpart 9.5.

(b) Volume II—Technical Capability Volume:

(1) The Technical Volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the offeror’s proposal. Legibility, clarity and coherence are very important. Your responses will be evaluated against the Technical factors defined in

Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award.” The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the

Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the PWS (including referenced publications technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal. Elaborate brochures or documentation, detailed art work, or other embellishments are unnecessary and are not desired.

(2) The Technical Volume shall, at a minimum, be prepared in a form consistent with the

Performance Work Statement and the evaluation criteria for award set forth in Addendum to FAR Clause

52.212-2, “Evaluation Factors for Award.” of this solicitation. The section shall be prepared in an orderly format and in sufficient detail to enable the Government to make a thorough evaluation of the offeror’s technical competence and ability to comply with the contract task requirements specified in the PWS. The

Offeror shall address as specifically as possible the actual methodology used for accomplishing the PWS tasks.

Any assumptions, exceptions or deviations must be addressed and communicated to the Contracting Officer no later than instructed above. The volume shall be organized according to the following general outline:

-Table of Contents

-List of Tables and Drawings

-Cross Reference Matrix (if any)

- Exceptions/Assumptions (Identification and explanation of any exceptions or deviations).

Additionally, identify any assumptions used in preparing the proposal

Factor 1: Technical Capability:

a. Subfactor 1: Understanding of the Requirement: Responses to this subfactor must demonstrate understanding of the tasks outlined in the PWS. At a minimum, the proposal must demonstrate and address each of the following specified requirements:

i. Provide detailed narrative on how the Offeror intends to accomplish all contract tasks and complete high quality deliverables as noted in the PWS Technical Exhibits 2 and 3.

ii. Provide narrative on offerors ability to develop and deliver Army Health System (AHS) concepts in accordance with the Army Concept Framework methodology that support the requirements determination process, enables conceptual and constructive experimentation including data entry and collaborate integration and planning with other Capability Development and Integration Directorates (CDID).

iii. Provide clear understanding and possess the subject matter expertise and ability to:

• Develop future medical supporting concepts designed to enable and sustain calibrated forces during the competition continuum and conflict.

• Develop strategic, operational and tactical level operational and organizational (O&O) concepts to inform force development update efforts.

• Identify required medical capabilities needed to support multi-domain operations as described in the Army Operating Concept.

• Contribute AHS technical and operational input to support the requirements document development process.

• Develop knowledge needs and learning demands to support conceptual examination of operations and organizations.

• Integrate medical functions into Sustainment and Protection functional concepts.

• Attend Joint and Army conceptual and constructive experimentation.

• Update and maintain FORGE Database to support information requirements for internal and external organizations.

b. Subfactor 2 - Staffing Plan/Key Personnel Qualifications and Experience. Responses to this subfactor must demonstrate Offeror’s understanding of the necessary qualifications required of personnel to adequately execute the requirements of the PWS 1.6.11. and 1.6.19.

i. Provide Staffing Plan (e.g. skill mix, personnel experience or qualifications, availability and job duty and descriptions) to include resumes, certifications, and signed contingent offer letters of employment for all key personnel proposed. The plan shall also identify the Sub-Contractor arrangement (if one exists) proposed to accomplish the tasks in the PWS. The Offeror must identify the names of the sub-contractors (if any) and the associated responsibilities and skill sets for each in accomplishment of the PWS tasks. If the

Offeror’s proposes using cross utilization of key personnel, the plan must clearly explain how the use of this approach will not compromise the completion of the contract tasks for the cross utilized labor category.

ii. Provide offeror's approach and method to deal with turnover, planned and unplanned shortages of personnel.

iii. Provide the methods of training and procedures used to document employee training and qualifications. Provide explanation of how the training at the entry-level for each the category will be addressed to include any opportunities for maintaining and increased job related skills. Training approach must include all mandatory training outlined in the PWS.

c. Subfactor 3: Innovation. Responses to this subfactor will demonstrate the offeror’s ability to propose, develop, and deliver AHS concepts and identify required capabilities that enable Army forces at echelon to conduct Unified Land Operations as described in the Army Operating Concept against near peer competitors in the future operational environment.

d. Subfactor 4: Management Controls/Quality Control Plan (QCP). Responses to this subfactor must outline the Offeror’s Quality Control Approach. Quality control is observation techniques and activities the Offeror expects to execute to fulfill requirements for quality. The approach must provide the following:

i. Details on how the Offeror will ensure an effective and appropriate quality control program for timely and continuous delivery of products and services outlined in the PWS Paragraph 1.6.4, 1.6.5, Part 5, Part 5, 5.2 Concept Development through 5.6 Contractor Manpower Reporting (CMR), Part 7 Attachment 1

Technical Exhibit 1 – Performance Requirements Summary, and Attachment 2 Technical Exhibit 2 –

Deliverables Schedule.

ii. Details on how the Offeror will address the frequency and method of monitoring the qualitative/quantitative (collection and reporting) metrics of measurement to be used and the AQL for the services outlined in Part 5 of the PWS.

iii. Delineate and explain who has decision-making authority for this requirement, how the

Program Manager fits into the decision-making process, and how management will mitigate conflicts between the program manager and employees.

iv. Provide explanation of the expected flow of information from upper management to the program manager, and down to the contract employee level.

(c) Volume III – Past Performance: The Government will perform a Confidence Assessment of the offeror’s past performance to arrive at a confidence rating. The Confidence Assessment represents the evaluation of an offeror's past work record to assess the Government's confidence in the offeror's probability of successfully performing as proposed. The Past Performance evaluation will be accomplished by reviewing aspects of an offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in

Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award. The Government’s past performance evaluation shall also consider an offeror’s compliance with requirements under FAR 52.219-8 and 52.219-9 as required under FAR 15.304(c)(3)(i) and DFARS 215.305(a)(2). Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform a significant portion of the proposed effort based on the total proposed price. The offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the offeror so the offeror can respond to such information.