Attachment 02 Section L.pdf

STANDARD LABOR DATA COLLECTION AND SITRIBUTION APPLICATION (SLDCADA)

FOLLOW-ON RFP #N00039-27-R-XXXX

CUI: SSEL and FAR 2.101 and 3.104 Source Selection Information

Table of Contents

Section Name Pages

FOPR Section L

(Instructions to

Offerors) Clauses

Clauses 1

L-1 Instructions to Offerors 2

L-2 Proposal Structure/Eval Criteria 6

• Volume 1: Factor 1, Technical Management and Customer

Support

• Volume 2: Factor 2, IT and Cyber Security Management

• Volume 3: Factor 3, Staffing Plan

• Volume 4: Factor 4, Price

• Volume 5: Administrative

Disclaimer

The Government shall not be liable for any costs incurred in the preparation, submission, or presentation of proposals. All such activities are conducted solely at the Offeror’s own risk and expense, and no reimbursement or payment will be made by the Government under any circumstances.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This Fair Opportunity Proposal Request (FOPR) incorporates one or more FOPR 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 FOPR provision may be accessed electronically at this address:

Internet address: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

L-1 INSTRUCTIONS TO OFFERORS

(a) This is a competitive fair opportunity selection conducted In Accordance With (IAW) Federal

Acquisition Regulation (FAR) Part 16.507(a)(1). Orders placed under FAR 16.505 Indefinite

Delivery Indefinite-Quantity (IDIQ) contracts are not subject to the policies in FAR 15.2 and

FAR 15.3.

Accordingly, the issuance of an order under this Fair Opportunity, should an award be made, shall follow the ordering procedures outlined in FAR 16.505, as supplemented.

Award will be made by utilizing a Best-Value procedure conducted in accordance with FAR

16.505(b)(1) for Fair Opportunity. By using “Best-Value” approach, it will ensure the selection of an Offeror whose proposal would be most advantageous to the Government when technical and price factors are considered. The comparative analysis for award evaluation will include the two technical factors (Factor 1 and 2, and the price factor (Factor 3)).

(b) The proposal shall comply with the terms and conditions of the SeaPort IDIQ multiple award contract. All claimed capabilities to meet the requirements shall be realistic and are subject to verification by the Government.

(c) Non-conformance with these instructions may result in rejection of the proposal or an unfavorable proposal evaluation or the Offeror being deemed ineligible for award. The Task

Order Selection Official (TOSO) will select the submission which conforms to the FOPR requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the submission instructions), and is determined to be the most advantageous to the Government under the selection criteria set forth in Section M (the

Evaluation Criteria) of the FOPR.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

(d) Offerors shall clearly identify any exception to the FOPR terms and conditions and provide complete supporting rationale. The Government reserves the right to determine whether any such exceptions are unacceptable. Any exception determined unacceptable by the Government may result in the Offeror’s proposal being determined Unacceptable and ineligible for award.

This information shall be provided within the Offeror’s proposal cover letter. If no exceptions are taken to the FOPR terms and conditions, Offerors shall include a statement stating unconditional agreement to all FOPR terms and conditions within the proposal cover letter as reflected in L-

2(c)(2)(vi).

FOPR Exceptions

FOPR

Document Page/Paragraph Requirement/Portion Rationale

Attachment #, Evaluation Factor, etc.

Applicable page and paragraph numbers.

Identify the requirement or portion to which exception is taken.

Describe why the requirement cannot/will not be met.

(e) All proposals must be UNCLASSIFIED. Proposals shall be clear, concise, and shall include sufficient detail to substantiate the validity of stated claims. Offerors are cautioned that proposals 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. Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the Offeror's proposal.

(f) Statements that the Offeror will provide a particular service or objective without explaining how the Offeror proposes to meet that service or objective are generally inadequate and may adversely affect the Government’s evaluation of the Offer. Also inadequate are the following types of statements, including but not limited to:

a. unsupported statements that the Offeror understands the requirements and risks

b. unsupported statements that the Offeror can or will comply with requirements

c. unsupported statements that merely restate or paraphrase the requirements

d. undefined or unexplained statements such as “best commercial practices will be used”

e. undefined or unexplained statements such as “standard procedures will be used”

f. undefined or unexplained statements such as “well-known techniques will be employed”

(g) Discrepancies. If an Offeror believes that these Instructions to Offerors contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the Offeror is asking the Contracting

Officer to consider related to the omission or error.

(h) Definitions. In the context of task order procurements, as used in this provision --

“In writing,” “writing,” or “written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Interchanges” are fluid interactions (written and/or oral) between the Contracting Officer and

Offerors that may address any evaluation factor, or any aspect of the proposal. Interchanges may be initiated by the Contracting Officer to permit an efficient task order competition. The Contracting

Officer may limit interchanges and/or proposal revisions to only those proposals representing the most advantageous to the Government in accordance with the processes with Section M.

Interchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

“Proposal modification” is a change made to a proposal before the FOPR’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the FOPR closing date, at the request of or as allowed by a Contracting Officer as the result of interchanges.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next business day.

“Complete Proposal” is a submission that includes all information required in this FOPR.

(i) Amendments to FOPRs. If this FOPR is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this FOPR by the date and time specified in the amendment(s).

(j) Submission, modification, revision, and withdrawal of proposals.

(1) Proposals shall be submitted through the Department of Defense Secure Access File

Exchange (DoD SAFE) application at https://safe.apps.mil. Because non-DoD personnel cannot initiate file transfers on this platform, offerors must email a 'Drop-Off

Request' to the Procuring Contracting Officer (PCO)

(heather.e.glovinsky.civ@us.navy.mil) and Contract Specialist

(patrick.j.kimener.civ@us.navy.mil) no later than four (4) business days prior to the solicitation closing date. Upon receipt of this request, the Government will generate and send a unique, automated DoD SAFE drop-off link to the offeror's designated email address. The offeror must use this link to securely upload and submit their proposal packages (up to 8 GB total file size) before the exact solicitation closing time, noting that the automated confirmation of successful upload generated by DoD SAFE will serve as the official time stamp and receipt of proposal.

(2)

The RFP closing date is Tuesday, December 1, 2026 at 12:00 PM. Eastern

Standard Time.

i. Timely proposals sent via email directly to the Contracting Officer will not be considered.

(3) Offerors are responsible for submitting proposals, and any modification, so as to reach https://www.google.com/url?q=https%3A%2F%2Fsafe.apps.mil mailto:heather.e.glovinsky.civ@us.navy.mil mailto:patrick.j.kimener.civ@us.navy.mil the designed Government office by the date and time specified in the FOPR.

(4) Each electronic file shall be clearly named in accordance with FOPR Section L-2, and shall not contain classified data. Paper submissions will not be accepted for this FOPR.

The files shall be submitted in (1) Microsoft Word for all text in .doc or .docx files in original searchable text format; and (2) Microsoft Excel for all spreadsheets in .xls or

.xlsx files. All Excel files shall be operable versus value only spreadsheets (i.e., formulas should be included in all applicable cells). All signed documents shall be submitted as

Adobe Acrobat .pdf files (e.g., signed SF 1449, SF 30, Cover Letter, etc.). All .pdf files must be searchable. All files shall use file formats compatible with Windows

11/Microsoft Office and use naming conventions in accordance with the Table in provision L-2. No files shall be password protected.

(5) Late proposals

Any proposal, modification, or revision fully transmitted to the DoD SAFE 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-

i. There is acceptable evidence to establish that it was received at the DoD SAFE portal and was under the Government’s control prior to the time set for receipt of offers; or

ii. It is the only proposal received.

(6) Proposals may be withdrawn by an Offeror’s authorized representative’s written notice to the Contracting Officer at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer

i. Unless otherwise specified in the FOPR, the Offeror shall propose to provide all items required by the FOPR. Offerors shall submit proposals in response to this FOPR in

English, unless otherwise permitted by the FOPR, and in U.S. dollars.

ii. Offerors may submit modifications to their proposals at any time before the FOPR closing date and time.

Offerors may submit revised proposals only if requested or allowed by the Contracting

Officer.

Questions. The period for questions regarding this FOPR ends at Tuesday, October 20, 2026 at 12:00 PM Eastern Standard Time (EST). Questions shall be submitted via email to the PCO, heather.e.glovinsky.civ@us.navy.mil and the Specialist patrick.j.kimener.civ@us.navy.mil. All questions/answers will be viewable in SAM.gov by all offerors. Offerors will be responsible for monitoring the SAM.gov portal for responses. Questions received after the specified period may not be answered.

(k) Electronic Reference Documents.

All referenced documents for this FOPR are available via the SAM.gov site

(l) Proposal Incorporation.

mailto:heather.e.glovinsky.civ@us.navy.mil mailto:patrick.j.kimener.civ@us.navy.mil

The Government may decide to incorporate specific features of an Offeror’s proposed approach into the PWS or other section(s) of the task order at any time prior to award. Where specific features of the technical proposal are incorporated, the successful Offeror will be responsible for delivering in accordance with both the PWS and the provisions of its offer.

(m) Restriction on disclosure and use of data. Offerors that wish to restrict disclosure and use of its proposal data, shall –

(1) Mark the cover letter with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a task order is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting task order. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

(n) Estimated Award Date.

For proposal purposes, the estimated effective date of task order award is March 1, 2027.

L-2 PROPOSAL ELEMENTS/STRUCTURE

(a) General Information

If an Offeror (1) fails or refuses to assent to any of the terms and conditions of this FOPR, (2) proposes additional terms or conditions, or (3) fails to submit any of the information required by this FOPR and in the manner specified in paragraph (b) below, then the proposal may be rejected without further consideration or evaluation.

(b) Proposal Format

In addition to all other requirements of this FOPR, each Offeror shall provide a detailed proposal addressing each of the areas described in Section L to be evaluated in accordance with Section M.

This information shall be presented in the form of a written proposal as outlined below. Proposals submitted for consideration for award must address the full scope of requirements as set forth in Sections

L and M of the FOPR.

The Offeror shall submit electronic files as delineated below (price information shall only be included in Volume 4; no price information shall be included in any other volume):

Table L-2.1, Proposal Structure

VOL

TITLE AND CONTENTS

FILE NAME CONVENTION, PAGE

LIMIT, AND FORMAT

Factor 1 Folder Name: Offeror Name_V1

Page count limits are separately identified below

Technical Management and Customer

Support

• Offeror

Name_V1_F1_TechMgtAndCustomerSpt

• 20-page count limit

• .pdf format

• Page limits include pictures and diagrams

• Page limits do not include Cover Page, Table of

• Contents, and Glossary of Abbreviations and

Acronyms

Factor 2: Folder Name: Offeror Name_V2

IT and Cyber Security Management

• Offeror Name_V2_F2_IT_CyberSecurityMgt

• 20-page count limit

• .pdf format

• Page limits include pictures and diagrams

• Page limits do not include Cover Page, Table of

• Contents, and Glossary of Abbreviations and

Acronyms

Factor 3 Folder Name: Offeror Name_V3

Staffing Plan

• Offeror Name_V3_F3_StaffingPlan

• Excel file

Factor 4: Price Folder Name: Offeror Name_4 No page count limit

Page count limits are separately identified below

Cover Page, Table of Contents, and

Glossary of Abbreviations and Acronyms

• Offeror Name_V4_F4_Cover_ Page

• Offeror’s format

Attachment L4 Price Workbook • Offeror Name_V4_F4_AttachL4

• Format as provided

Supporting Information/Documentation • Offeror_Name_V4_F4

Supporting_Information

• Offeror’s format

Task Order Volume

Folder Name: Offeror Name_V5 Page count limits are separately identified below

Cover Letter • Offeror Name_V5_Cover_Letter

• Two (2) page limit

• .pdf format

Teaming Agreements (If Applicable) • Offeror Name_V5_Teaming

Agreement

• No page count limit

Completed Task Order and

Representations and Certifications

• Offeror

Name_V5_SF1449_Completed_TO_Reps_Certs

• No page count limit

• .pdf format

Organizational Conflict of Interest (OCI)

Declaration and Disclosure (If Applicable)

• Offeror Name_V5_Attach L6

• No page count limit

• .pdf format

Do not submit any content/files in addition to that stated in the table above. The Government will not evaluate any additional content (e.g. title page, table of contents, acronym list, etc.).

Unless otherwise stated, the following formatting requirements apply: For the purpose of this FOPR, a page is defined as one 8.5"x 11" size electronic page with no less than 1-inch margins on all sides and using a minimum of 10 point Times New Roman font using normal character spacing and no less than single line spacing. The font style and size requirements also apply to Information Summaries and to graphics, art, figures, imported charts, charts, and any other graphical representation that includes searchable text. At a minimum, any page that exceeds or fails to meet the size, margin, font, spacing or total page limit requirements may not be evaluated. Further, the Government reserves the right to reject any proposal that does not conform to the requirements stated above. Formatting requirements do not apply to documents or Attachments provided by the Government. Any form that the Government has provided as an Attachment to be filled out by the Offeror shall follow the format of the form. The font style and size requirements are not applicable to supporting cost data (e.g., DCAA or DCMA correspondence); however, these documents must be legible. Offerors shall not circumvent the page limitation by cross-referencing other sections from other Factors within the proposal.

(c) Proposal Content

Proposals shall be submitted in accordance with Section L-1 “Submission of Electronic Proposals” to permit a detailed evaluation. Each file shall be labeled in accordance with the format in paragraph (b) above.

Pages shall be numbered.

A detailed, concise and comprehensive proposal is desired. The proposal shall be sufficient to enable evaluators to make a thorough and complete evaluation, and to arrive at a sound determination as to whether the requirements of this FOPR are satisfied. In preparing the proposal, emphasis should be placed on brief, complete, and factual data in the areas set forth in the FOPR. Organization, clarity, accuracy of information, relevance, and completeness are of prime importance. Proposals that restate the evaluation criteria or use cursory statements without supporting narrative are not acceptable and will not be considered as satisfying the requirements of this FOPR or the stated evaluation criteria. The burden of providing thorough and complete information remains with the offeror.

(1) Cover Letters shall be provided by the Offeror (Prime) and all Subcontractors and must include the following –

(i) Reference the FOPR number and acknowledge that the Offeror is transmitting an offer in response to the FOPR.

(ii) Identification of all enclosures/attachments being transmitted as part of the proposal.

(iii) Company name, address, point of contact authorized to sign the proposal, telephone number, e-mail address, Contractor and Government Entity (CAGE) code, and Unique

Entity Identification (UEI) number.

(iv) Identification of the DCAA and DCMA branch offices responsible for auditing the company (i.e., office where the company financial records are kept) with a name, telephone number, and e-mail address of a DCAA/DCMA point of contact who is familiar with the company.

(v) Information regarding accounting system adequacy (applies to all Offerors and subcontractors proposing Cost CLINs). Offerors are advised that they must have an adequate accounting system in order to be awarded a contract that contains Cost CLINs (for

ODCs). Cover letters shall include the report number and date of the cognizant DCAA/DCMA determination stating that the Offeror’s accounting system is adequate for accumulation, reporting, and billing of costs under a cost reimbursement contract

(attach a copy of the report, if available). If unavailable, other information pertinent to accounting system adequacy may be submitted.

(vi) Statement indicating the Offeror’s unconditional agreement to all FOPR terms and conditions or identification of any exceptions to the FOPR terms and conditions with complete supporting rationale utilizing the format at L-1(d).

(vii) Statement indicating acknowledgement of all amendments to the FOPR.

(viii) Statement acknowledging that the Offeror will administer FAR compliant contracts with their subcontractors and acknowledge responsibility of their prospective subcontractors, per

FAR 9.104 (Prime contractors only).

(ix) Statement of proposal validity through 180 days after the proposal due date.

(x) Statement affirming the Offerors and subcontractors do not have actual or potential OCIs.

(2) Responsibility Information- To aid in the determination of contractor responsibility

(Responsibility standards can be found in FAR 9.104), the following information is required:

(i) Information regarding the general financial condition of the Offeror and specific plans for financing the proposed contract

(ii) Approval date of the firm’s Disclosure Statement (not applicable to Small Businesses)

(iii) Summary of the Offeror’s quality assurance programs

(iv) Summary of equipment and facilities relative to this effort

(v) Any other additional information that will assist in determination of contractor responsibility

d. Factors

Volume 1/Factor 1 – Technical Management and Customer Support

The offeror shall describe its approach to Technical Management and Customer

Support. Under this section, the Government will evaluate the Offeror's readiness to execute complex lifecycle modifications, up to and including future system migration or decommissioning. Each offeror must include the following:

• Provide a phase-based approach (e.g., 30/60/90 days) to planning, development, testing and deployment without disrupting 60,000 users.

• Identify specific tools and metrics to evaluate the system.

• Detail your approach to optimizing and managing these complex database structures, ensuring it prevents performance degradation.

• Describe your specific approach to using Navy ICAM and Enterprise Active Directory

• Describe your approach to Defense Civilian Personnel System (DCPS) and Global

Exchange (GEX) interfaces and troubleshooting.

• Describe technical capability in supporting Financial Statement Audits (FIAR / Audit

Readiness) within federal, defense, or commercial enterprise environments.

Volume 2/Factor 2 – IT and Cyber Security Management

The Offeror must demonstrate the aptitude at managing IT operation and system administration in an IT environment by leveraging Cloud Computing by detailing their approach based on the following:

• Provide a high-level cutover strategy for the 35 servers that minimizes system downtime and ensures PWS sections 6.1.3 (IT System Management and Support) and 6.2.3 (Risk

Management Framework (RMF) authority to operate (ATO) - option (1 Feb 2022 – 31 Jan

2023) and Federal Information System Controls Audit Manual (FISCAM) are addressed.

• Describe how you will demonstrate technical proficiency in Amazon Web Services (AWS) architecture, alongside dual-platform System Administration in enterprise Windows and

Linux environments.

• Explain how you will execute the transition within a DoD Impact Level 5 (IL5) environment utilizing the Navy’s hosted cloud infrastructure.

• Describe how you will coordinate with the Navy Cloud Broker and obtain routing approval through the DISA Cloud Access Point (CAP).

• Describe how you will demonstrate advanced proficiency in managing DoD cybersecurity governance, vulnerability management workflows, risk frameworks, and architectural mandates.

• Provide the methodology used to gain and maintain IT General Control auditability under the FISCAM guidance.

Volume 3/Factor 3 – Staffing Plan.

The offeror shall describe its staffing and sustainment Basis of Estimate (BOE). Provide a BOE in a submitted Excel file. Provide a detailed labor hour buildup identifying estimated hours per labor category and labor mix.

Volume 4/Factor 4 –Price

(1) This volume shall contain price information only. This is a competitive acquisition, and the

Government anticipates adequate competition. Supporting cost documentation is not requested.

However, if after receipt of proposals the Contracting Officer determines adequate competition does not exist, the Contracting Officer reserves the right to conduct negotiations and obtain other than certified cost or pricing data.

(i) For Firm Fixed-Price (FFP) CLINs, the Offeror shall indicate the proposed price as stand-alone amount. This shall include all work required under those CLINS.

The following CLINs are FFP and indicate a “Not To Exceed (NTE)” amount:

CLINs 1002, 2002, 3002, 4002, 5002. The NTE designation is for the solicitation only and is provided to indicate the maximum amount. Offerors shall propose FFP amounts for those CLINs, lower than or equal to the NTE ceiling. Offers that propose an amount higher than the NTE will be rejected as non-compliant during the evaluation process and not considered further.

(ii) For Cost CLINS, the Offeror shall indicate the proposed price. The Offeror shall propose the NTE amount.

(iii) A Firm Fixed Price (FFP) and Cost Only proposal shall be submitted in response to this FOPR.

(2) Complete Attachment 5 - L4 Price Workbook. Offerors have the flexibility to tailor the workbook by adding worksheets, for example, to show additional detail or computations.

By submitting a proposal, the Offeror grants the Contracting Officer, or an authorized representative, the right to examine records that form the basis of the proposal. This examination and review may take place at any time before award.

(3) Provide a Price BOE, to include:

Quantitative and supporting information in sufficient detail to allow the Government to assess the reasonableness and completeness of the proposed price in accordance with FAR

16.505. The Offeror shall:

i. Accounting System: For Cost CLINs, the Offeror is advised that it must have an adequate accounting system for determining costs applicable to the task order in order to be eligible for task order award. If available, the Offeror shall provide a copy of the report from the cognizant DCMA or DCAA office stating that the

Offeror’s accounting system is adequate for accumulation, reporting, and billing of costs under the task order.

ii. Purchasing and Estimating System: The Offeror shall provide status of its purchasing and estimating system. The Offeror shall provide a copy of the report from the cognizant DCMA or DCAA office, if available.

iii. DCMA and DCAA Points of Contact: The Offeror shall provide its assigned

DCMA and DCAA Branch Offices with the names, telephone numbers, and e-mail addresses of the cognizant DCMA and DCAA points of contact who are familiar with the company.

Volume 5: Task Order Administrative Documents

Each of the following documents are required in response to this FOPR. The submission of each of these documents represents minimum requirements, as applicable. Failure to submit complete responses to each of the below, as applicable, may result in rendering the Offeror ineligible for task order award.

(1) Volume 5 Cover Letter. The Offeror shall submit a cover letter that:

(i) References the FOPR number and acknowledges that it transmits an offer in response to the

FOPR;

(ii) Acknowledges receipt of all FOPR amendment(s), if any;

(iii) Identifies all enclosures being transmitted as part of the proposal;

(iv) Identifies any exception to FOPR terms and conditions and provides complete supporting rationale;

(v) Offeror’s company name, street address, System for Award Management (SAM) Unique

Entity ID (UEI) number, Commercial and Government Entity (CAGE) code, and

Taxpayer Identification Number (TIN);

(vi) The Offeror shall clearly state if permission is not granted allowing the Contractor support identified above access to the Offeror’s proposal.

(vii) Subcontractors that provide proposal information separate from the prime contractor’s proposal submittal shall clearly state if permission is not granted allowing the

Contractor support identified above access to the subcontractor’s proposal.

(viii) Identifies the name(s), title(s), telephone number(s), and e-mail address(es) of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with the FOPR;

(ix) Includes a physical or digital signature by an authorized official and states that the official possesses the authority to contractually bind the Offeror.

(2) Completed Task Order and Representations and Certifications.

(i) The Offeror shall submit the completed Standard Form (SF) 1449, and the SF 30 amendment(s), if any. An official authorized to contractually bind the Offeror shall physically or digitally sign the SF 1449 and each SF 30 amendment, if any.

(ii) The Offeror shall complete and submit Section K and attach continuation pages to complete a response to a provision, if required. If a fill-in is not applicable, so indicate. Do not leave any fill-in blank.

a. Special attention is directed to DFARS Provision 252.227-7992, Identification and Assertion of Use, Release, or Disclosure Restrictions, and K-227-HQ003, Pre-Award and Post-Award

Identification and Assertion of Restrictions on Technical Data Pertaining to a Commercial

Item and Commercial Computer Software. If the Offeror enters “None,” it will be understood that data or software will be submitted without restrictions. If Government

Purpose Rights (GPR) are intended, enter “GPR.” Do not enter “Not Applicable.” For third party software, by listing the software in the aforementioned provisions, the Offeror is representing and certifying that it owns the intellectual property rights, has sufficient rights in the third party software to offer the software for delivery to the Government, or that it is an authorized reseller or integrator for all software it proposes to employ. The Offeror’s assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment, dated, and signed by an official authorized to contractually bind the Offeror.

b. The Offeror accepts by submission of its completed K-227-HQ003 that its assertions identified in paragraph (e) of the provision will be listed in an attachment to the awarded task order and will be binding.

(4) Team Member/Subcontractor Agreements (If Applicable)

The Offeror shall submit a summary of its executed agreements with all proposed team members and subcontractors. At a minimum, the summary shall include the team member or subcontractor name, DUNS number, CAGE code, contract or subcontract type, description of services/supplies provided, and the approximate contract or subcontract value.

(5) Licenses, Service Level Agreements, and Data/License Rights

For all non-commercial computer software and non-commercial technical data being used or developed under the task order, the Offeror shall provide a data rights assertion for each item in compliance with DFARS 252.227-7013 including:

1. Each item of non-commercial technical data, computer software, or computer software documentation the Offeror identifies with data rights more constraints than unlimited rights; and

2. The Government must have at least Government Purpose Rights or Unlimited

Rights to any non-commercial technical data or computer software in order to competitively sustain the Navy ERP system over its life cycle. For example, any non-commercial SAP configurations or modifications, non-commercial technical data or computer software produced, such as various software artifacts, must have at least Government Purpose Rights or Unlimited Rights. Any computer software documentation must have unlimited rights in accordance with DFARS 252-227-

7014.

(6) Organizational Conflict of Interest (OCI) Disclosure and Mitigation Plan

(i) The Offeror is directed to review and comply fully with FAR Subpart 9.5. The Offeror shall provide a disclosure statement or OCI mitigation plan, as described below, if applicable.

(ii) The Government requires that there be no conflict that would preclude the prime contractor from performing any portion of the PWS, regardless of whether it intends to subcontract that portion. Therefore, if any Offeror may have an OCI, or if any Offeror has taken any steps to eliminate an OCI and the Offeror believes that the conflict no longer exists, the Offeror shall submit a disclosure statement to the Government containing all relevant facts and actions taken and must submit an OCI mitigation plan with its proposal. Failure by an Offeror that has identified a potential OCI or a purported eliminated OCI to submit an OCI mitigation plan with its proposal will be considered grounds for disqualification from award. For any OCI, the Government will not accept mitigation or elimination measures:

(a) That create an additional burden on the Government to implement or that involve additional oversight or commitment of resources by the Government, such as agency review of contractor deliverables, internal review of task assignments for

OCI before issuance, or formalized monthly reviews of work performed and projected;

(b) That involve directing subcontractors or creating separate lines of reporting or any modification to the Government/prime contractor relationship; or

(c) That are deemed in the sole discretion of the Contracting Officer to provide insufficient organizational independence between the prime contractor or a subcontractor under the task order and a prime contractor or subcontractor for hardware, software, system design, integration, or production of the systems that will be covered by the FOPR.

This is not an exhaustive list of measures that will be considered inadequate to protect the

Government. It is an illustrative list provided in an effort to ensure that all Offerors understand the Government’s expectations and intent to avoid OCIs. The Contracting

Officer is responsible for the approval of any proposed OCI mitigation plan, which, if approved, will be incorporated into the awarded task order.

(iii) The Offeror acknowledges that any approved mitigation plan will become a binding part of the task order.

(7) Contractor Support

Contractor support personnel from the below listed companies under existing contracts, will be used for administrative purposes only.

Company POC Contact

ASRC Federal Terry Gotter Terry.v.gotter.ctr@us.navy.mil

*The Government may use the above listed personnel to administratively support the FOPR, proposal receipt, evaluation, and source selection processes.

(i) Proprietary information submitted in response to this FOPR will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C.

423) (hereinafter referred to as “the Act”), as implemented in the FAR. These companies are bound contractually by OCI and non-disclosure clauses with respect to proprietary information. Contractor personnel administratively supporting the proposal evaluation will take all necessary action to preclude unauthorized use or disclosure of an Offeror’s proprietary data.

(ii) The Offeror shall clearly state if permission is not granted allowing the Contractor support identified above access to the Offeror’s proposal. Subcontractors that provide proposal information separate from the prime contractor’s proposal submittal shall clearly state if permission is not granted allowing the Contractor support identified above access to the subcontractor’s proposal. Failure to clearly state that permission is not granted for access to the

Contractor’s proposal will be assumed by the Government as permission granted by the Offeror.

mailto:Terry.v.gotter.ctr@us.navy.mil