Attachment 3 - Waterfront Opns Draft Sections L and M_072022.docx

SECTION L - INSTRUCTION, CONDITIONS, AND NOTICES TO OFFERORS

1.0 ELIGIBILITY

Offerors who are other than Small Businesses are required to submit a Small Business Subcontracting Plan in accordance with FAR 52.219-9, Small Business Subcontracting Plan. If a Subcontracting Plan is required, the offeror shall complete the Subcontracting Plan Cover Sheet (Attachment XX) and provide it with their Subcontracting Plan.

1.1 Questions

It is the Offeror's responsibility to bring to the attention of the Contracting Officer at the earliest possible time, but prior to the solicitation closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the Statement of Work (SOW) and other solicitation documents attached hereto or incorporated by reference. All questions shall be submitted in accordance with L-215-H007, Submission of Questions by Offerors.

1.2 Start Date for Use in Cost/Price Proposal

In order to allow for procurement lead-time and a fair and equal evaluation of all proposals submitted under this competitive procurement, all proposals shall be based on the start date stated in Section F. This date is only an estimate of the anticipated start date and will be used for the purpose of proposal evaluation only. The definitive start date will be stated in the award document.

2.0 INSTRUCTIONS FOR SUBMISSION OF OFFERS

The Government reserves the right to reject any proposal that does not comply with these proposal preparation/submission instructions. Information requested and submitted in one volume will not be considered for purposes of evaluation of information contained in another volume. Cost/price proposal submissions must reflect what is submitted in the technical volume. Proposals for which the cost elements (e.g., number of hours, labor categories, subcontractors) in the cost/price volume do not match those identified in the technical volume may be deemed unawardable.

2.1 General

Proposals shall be submitted via Procurement Integrated Enterprise Environment (PIEE) solicitation module (https:piee.eb.mil) under the Naval Surface Warfare Center Division, RFP Number N0016723Rxxxx by the solicitation closing date and time which is specified on the cover page of this solicitation, block 9. Offerors shall comply with the instructions for the format and content of the proposal. The Government shall conduct a compliance review to ensure proposals meet the administrative requirements set forth in this Section L. Proposals that fail to comply may be ineligible for award.

(a) Definitions. As used in this solicitation –

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

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

c. Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer.

d. “Day” is defined as a calendar day unless otherwise specified. If the last day of a specified period falls on a Saturday, Sunday, or Federal Holiday, the period shall be deemed to end on the next Federal work day.

e. “Major Subcontractor” is defined as a subcontractor performing 20% or more of total proposed burdened labor costs.

(b) Amendments to the solicitation. If this solicitation is amended, terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). The Offeror shall demonstrate that the proposal is in response to the latest amendment.

(c) Proposal submissions, modifications, revisions, and withdrawals shall be uploaded electronically in the PIEE solicitation module under the appropriate solicitation number and its latest amendment (if any).

Offerors may submit modifications to their proposals at any time before the solicitation closing date and time. In the event of an amendment to the solicitation that requires Offerors to submit proposal modifications, the amendment will provide instructions for submittal in the module.

After the solicitation closing date and time, Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

2.2 Electronic Submission

Offerors are responsible for submitting proposals and any revisions in the PIEE module by the date and time specified in the solicitation. Offerors shall submit proposals via the PIEE module to ensure that the proposal submission is received by the Contracting Officer no later than the solicitation’s closing date/time in order to be considered eligible for award. In the rare event the PIEE module is down or inaccessible, the Offeror shall immediately notify the Contracting Officer via e-mail prior to the solicitation closing date and time. The Offeror shall also contact the PIEE Helpdesk to register a help ticket/notice that the module is down or inoperable. In case of a PIEE module malfunction, Offerors must make arrangements with the Contracting Officer prior to the solicitation closing date and time in order to submit their proposals electronically outside the module. Failure to submit a complete proposal (including modifications or revisions) prior to the solicitation closing date and time will, in almost all circumstances, render the proposal late and will not be considered.

The solicitation will close at the exact date and time specified in the solicitation and Offerors will be unable to submit/upload proposals after that time. Each proposal submitted in the module is time/date stamp recorded by the module at time of proposal upload. Proposals may be withdrawn by written notice to the Contracting Officer provided such notice is received prior to task order award.

2.3 Proposal Format

All Offerors are required to submit proposals in accordance with the format and content specified herein. The requirements below apply equally to subcontractors. Proposals that do not meet the below requirements may be deemed unacceptable and may not be eligible for award. The electronic proposal shall be prepared as follows:

· With Microsoft Word, Excel, or (searchable) Adobe Acrobat software (Note: instructions regarding use of certain electronic products (e.g. Microsoft Office, Excel, Adobe) listed herein shall not be construed as Government endorsement of specified products);

· No hyperlinks to locations outside a document (hyperlinks to places within a document are acceptable, such as table of contents numbers, section headings, and table or figure cross references);

· All files named with the Offeror’s company name and title/subject of file content;

· All files named with the file extension .doc, .docx, .xls, .xlsx, or .pdf;

· Spreadsheet files (workbooks) provided by the prime AND all subcontractors shall include all formulas, functions, macros, computations, and equations used to compute the proposed amounts. There shall be no cell references to data or links to files not included in the Technical and Management volume and the Cost/Price volume, submissions, as appropriate. For each workbook, all rows, columns, cells, and worksheets shall be visible (object.visible=true). Zero height/zero width rows/columns in worksheets are not acceptable. Worksheet cells formatted with the font color equal to the fill color are not acceptable. Print image files or pictures (for example, a picture of an Excel spreadsheet embedded in a Word document) shall not be used;

· Spreadsheets shall include all calculations in the cells (e.g. show all formulas). The Government MUST be able to determine how all direct and indirect rates are calculated. DO NOT hard enter data where formulas were used to calculate the entered value;

· All files named with the file extension .doc or .docx shall be Microsoft Word 2010 compatible;

· Prime/Subcontractor Cost Summaries shall be submitted using Microsoft Excel (2010 or compatible) in the Cost Summary Format provided as an attachment in Section J. This submission is in addition to the Offeror loading their Section B pricing into the module via the web form;

· Narratives related to the cost/price summary data may be provided in Microsoft Word;

· Any other attached documents requested herein shall be compatible with Microsoft Office. Compression tools are limited to PKZip or WinZip;

· Offerors shall propose to provide all items in order to be deemed eligible for this award; and

· Offerors shall submit proposals in response to this solicitation in English and in U.S. dollars.

Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall mark the title page 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 contract 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 contract. 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 is contained in sheets [insert numbers or other identification of sheets]"; and

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."

Additionally, the electronic proposal shall be prepared so that, if printed, the proposal meets the following requirements:

· 8.5 x 11 inch paper;

· Single-spaced typed lines;

· 1 inch margins;

· 12-point Times New Roman font text;

· Only graphs/tables/charts as may be necessary to convey a response to the items/information requested in this solicitation. The font size for text contained in embedded graphics (tables and illustrations) shall be no smaller than 9-point Times New Roman; and

· The spreadsheets (landscape orientation) shall be formatted for printing such that all data is in a font no smaller than 9-point Times New Roman and row and column headings appear on each printed page.

2.3.1 Cover Page and Tables of Contents

Each proposal volume shall include a Cover Page and a Table of Contents. The Cover Page shall identify the solicitation number, amendment number (if any), proposal volume and title, and the Offeror’s name. Volume I shall also include a Proposal Cross-Reference Table. The Proposal Cross-Reference Table shall indicate the required proposal content and the section/page number where this content appears in the proposal. Cover Pages, Tables of Contents, and the Proposal Cross-Reference Table will not count against page limitations.

2.3.2 Page Numbering System

The Offeror shall use a standard page numbering system to facilitate proposal references. All pages shall be numbered. Consecutive pages will be numbered within sections. Charts, graphs, and other insert materials shall be page-numbered as part of the page numbering system.

2.3.3 Glossary of Abbreviations and Acronyms

The Offeror may submit a glossary that includes abbreviations, acronyms, and their corresponding definitions. Glossaries will not count against page limitations.

2.3.4 File Naming Convention

All files must be submitted using the following naming conventions:

Technical_Company Name_Document Name_Volume # Example: Technical_Company X_Technical_Volume I

Past Performance_Company Name_Document Name/Attachment #_Volume # Example: Past Performance_Company X_Previous Contracting Efforts_Volume II

Cost_Company Name_Document Name_Vol # (or Attachment Number) Example: Cost_Company X_Cost Narrative_Volume III Example: Cost_Company X_Cost Summary_Attachment 1

2.3.5 Section L and Proposal Volume Cross-Reference Table

The table below represents a cross-reference of proposal content, volume in which the proposal content shall be submitted, and whether proposal content is included in page limitations for the volumes defined in paragraph 2.3.6. When there is a page limit for a document that is NOT included in the page limit for the volume it appears in, that will be noted in a parenthetical; if there is no parenthetical, there is no page limit.

Cross-Reference Table

Limitation

Volume I:

pages

Volume II:

No page limit

No page limit

No page limit

2.3.6 Page Limitations

Page limitations are identified for each volume of the proposal as shown above and will be treated as maximums. If exceeded, excess pages will not be read or considered in proposal evaluation. When both sides of a sheet display printed material, it shall be counted as two pages.

2.3.7 General Content Instructions

(a) The Offeror shall not simply rephrase or restate the Government’s requirements in its proposal. The Offeror shall provide sufficient details and convincing rationale to address how the Offeror intends to meet the requirements. Offerors shall assume that the Government has no prior knowledge of its facilities, capabilities, or approach.

(b) The Offeror shall include sufficient details to permit a complete and accurate evaluation of the proposal. The proposal shall clearly demonstrate the Offeror’s understanding of the requirements and the feasibility of its approaches to meet those requirements. This is solely the Offeror’s responsibility. Proposals that merely offer to perform work in accordance with this solicitation without sufficient elaboration shall be deemed unacceptable and not considered further. Offerors shall identify technical uncertainties and assumptions within the requirements set forth in the solicitation and provide specific courses of action for their resolution. Offerors are cautioned that failure to provide the necessary information may result in their ratings being downgraded accordingly. Note that the information required by FAR 52.215-22, Limitations on Pass-Through Charges-Identification of Subcontract Effort if applicable to the proposal, is a material requirement; therefore, failure to include the required information in the technical and cost volumes, as appropriate, will render the Offeror ineligible for award.

(c) Offerors are to ensure that all information supporting each factor is contained wholly within the appropriate volume as specified in the Cross-Reference Table, above. In particular, Offerors are cautioned not to include any cost/price information in any non-cost/price volume.

3.0 PROPOSAL ORGANIZATION AND CONTENT

3.1 Cover Letter

Offerors shall provide a cover letter that constitutes the legal offer and contains the following information:

· The solicitation number.

· Name, address, email address, and telephone numbers of the Offeror.

· Offeror’s CAGE code and/or Unique Entity ID (UEI) number.

· List of all enclosures being transmitted as part of the proposal.

· Names of any subcontractors

· A statement that the offer is in response to the solicitation and is valid through 180 days after the proposal due date.

· A statement specifying the Offeror’s unconditional agreement to the terms and conditions of the solicitation and agreement to furnish any and all items upon which prices are offered at the price set for each item.

· Names, titles, phone numbers and email addresses of persons authorized to negotiate on the Offeror’s behalf in connection with this solicitation.

· Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

· Defense Contract Audit Agency (DCAA) and Defense Contract Management Agency (DCMA) points of contact (POC), including branch location, contact name, telephone number, and e-mail address for both the Prime Offeror and its Subcontractors.

· Per L-209-H009, Notification of Potential Organizational or Personal Conflict(s) of Interest (NAVSEA), if no conflicts of interest exist, then the Offeror shall clearly state this in its cover letter. If any conflicts exist, the Offeror shall submit a mitigation plan in accordance with the clause as part of Volume IV, Contract Fill-Ins.

4.0 INSTRUCTIONS FOR CROSS-REFERENCE TABLE

4.1 Factor 1 – Technical (Volume I)

Offerors are to ensure that all information pertaining to Factor 1, Technical, is contained within Volume I and that no cost/price information is included in this volume.

4.1.1 Subfactor A – Technical Capabilities and Approach

4.1.1.1. Capabilities and Approach

The Offeror shall demonstrate its specific capabilities and approach (both Prime and Subcontractors) to perform, at a minimum, the following tasks in accordance with sections 3.1.3, 3.1.5, 3.1.6, 3.2.2 and 3.2.3 of the SOW:

(a) Technical Considerations

· ESH Compliance – Address the offeror’s technical capability and understanding to ensure compliance with applicable Federal, State, Local and Navy ESH directives and regulations.

· Address technical approach to performing the tasks required in SOW Section 3.1.3.

· Supply and Inventory Management - Address technical capability and understanding of Navy supply management functions and the use of Navy ERP in accomplishing these functions required in SOW Section 3.1.5.

· Equipment and Maintenance Scheduling – Describe the approach to equipment maintenance scheduling required in SOW Section 3.1.6.

· Watercraft Operations - Address technical capability and understanding of the waterfront operations described in SOW Section 3.2.2.

· Also, specifically address technical capability and understanding of operation of experimental craft undergoing test and evaluation, high performance craft, and rough water operations.

· Industrial and Repair – Describe capabilities, facilities, and technical approach to undertake the industrial and repair tasks required in SOW Section 3.2.3. This shall include the proposed approach to the full spectrum of industrial and repair work from minor repairs to major overhauls, ability to acquire and maintain OEM certifications, how this work will be divided between the NSWCCD-CCD Detachment Norfolk facility and the offeror’s (and/or proposed subcontractor’s) facilities.

· Boat Yard Facilities - Offeror shall describe how its facilities meet the requirements in the SOW. The offeror shall provide information on its ability to provide boat yard facilities within 100 miles of Naval Station Norfolk NSWCCD-CCD Detachment Norfolk’s facilities. Address if the Boat Yard Facility is capable of hauling small watercraft up to 75 long ton, 100 feet long, 24 foot beam, and 8 foot draft and if it is lockable, fenced, and manned with a 24-hour security system.

(b) The Offeror may, at its discretion, address other portions of the SOW.

4.1.2 Subfactor B – Staffing

Offeror shall provide:

4.1.2.1 Staffing Plan Without Cost Attachment (See Attachment XX)

(a) Do not include any cost or price information in the Attachment. Include all proposed labor category personnel (by name, for both the Offeror and proposed subcontractors) known at the time of proposal submission to support the requirements of the SOW. The Offeror shall identify all Key Personnel and highlight those positions. The Offeror may use To Be Determined (TBD) for non-key personnel labor categories that do not have identified personnel. The Offeror shall cross-reference all personnel and their respective tasks under the SOW. When read together with other parts of the Technical Volume, the Staffing Plan shall demonstrate the Offeror’s ability to successfully meet the requirements of the SOW.

The Offeror shall divide the Staffing Plan into the required tasks, listing each task in the order in which it appears in the SOW.

The Offeror shall preface the names of contingent hires with “Contingent – ” (for example, “Contingent – Jane Doe”). The Offeror shall insert the company name in the upper left column of the Staffing Plan.

Note: Proposing a high number of unidentified or contingent personnel may lead to a high-risk assessment. Therefore, Offerors are encouraged to minimize the number of proposed personnel for which candidates have not been identified.

The Offeror shall map any company-specific labor categories it proposes for both prime and subcontractors in the Staffing Plan to the Government labor categories defined in Attachment XX.

The Staffing Plan must propose the same labor mix and number of hours per labor category as the Cost/Price Volume. Discrepancies between the labor mix identified in the Technical and Management Volume and Cost/Price Volume may result in a lowering of the adjectival rating for the technical factor and/or a cost realism adjustment. The Staffing Plan shall be uploaded as a separate file and include all of the information requested using the provided template.

(b) Describe the Offeror’s recruitment and retention methods to ensure it fulfills the requirements of the SOW.

(c) Describe the Offeror’s plan for training personnel to meet and maintain qualifications.

4.1.2.2 Labor Mix

The Government’s estimated labor mix is at Attachment XX. The Offeror may propose a different labor mix, but shall explain deviations from the estimate. Caveat: The Offeror shall not deviate from the total number of hours specified in Section B. The Offeror shall describe how the proposed team will benefit the Government in terms of quality, efficiency, and/or cost-effectiveness. The offeror shall not propose any non-key labor categories with the same title as key personnel labor categories. The estimate is based on historical requirements; as such, this estimate will be considered in evaluating proposals. The burden lies with the Offeror to balance staffing with their proposed labor mix and remain competitive at the same time. Failure to adequately explain deviations from the estimate may result in one or more weaknesses or deficiencies during evaluation.

4.1.2.3 Personnel

(a) Key Personnel: The Offeror shall describe the specific planned responsibilities (both technical and management, if applicable) for each proposed Key Person. This is intended to be more than functional job titles; the Offeror shall provide sufficient details so the responsibility is known to the Government. The Offeror shall map any company-specific labor categories it proposes for both prime and subcontractors in the Staffing Plan to the Government labor categories defined in Attachment XX. For any proposed Key Personnel that will concurrently work on this effort and as a Key Personnel under any other NSWCCD TO or contract (beginning with N00167), the offeror shall explain how they will meet the key personnel hours proposed for this effort.

Key Personnel are deemed essential to the performance of this effort and cannot be replaced without prior notice to the Government per C-237-H002, Substitution of Key Personnel (NAVSEA).

Key Personnel labor category qualifications are provided in Attachment XX. Required qualifications, if any, are minimum requirements that an Offeror shall meet to be considered eligible for award. Desired qualifications, if any, are those that the Government deems advantageous because they are likely to reduce risk and help to ensure successful performance of the SOW requirements. Desired qualifications are not required, but if met, will be considered a proposal strength. Offerors shall provide one resume for each individual the Offeror proposes to fulfill the positions identified as Key. For this requirement, the following positions are considered Key Personnel:

· Program Manager (One resume)

· Site Manager (One resume)

· Boat Captain A (Five resumes)

· Engineering Technicians, Electronic, Level V (Two resumes)

· Engineering Technicians, Mechanical, Level V (Three resumes)

Note: Offerors may propose additional individuals under Key Personnel labor categories and/or additional Key Personnel labor categories with different titles, if believed necessary for effective management and coordination of required effort. The Offeror shall provide rationale for the additional Key Personnel (individuals and/or categories) and how they will provide improved management of assigned tasks. These additional Key Personnel shall be noted as “Key” on the Staffing Plan.

The Offeror shall only propose Key Personnel that, at the time of proposal submission, the Offeror has a good faith expectation of providing at award. The Offeror shall submit a current “Letter of Intent” (with salary information redacted) with all resumes supplied for contingent Key Personnel hires. The Letter of Intent must be signed by the contingent hire employee AND the Offeror. The Government considers the submission of Letters of Intent for proposed contingent Key Personnel to be material to the proposal since these Letters of Intent demonstrate the Offeror's ability to hire personnel with the qualifications offered.

Resumes shall include the following information, and any applicable information required in Attachment XX:

· Proposed Key Personnel Position.

· Name.

· Current Position/Title/Company (including start date).

· Chronology of Work Experience (include employer names, tenure dates by position, position titles, responsibilities, and experience related to anticipated SOW task(s) to be assigned to the individual).

· Education and training (degrees/certifications and/or other pertinent training, including date(s), degree(s), names of institutions from which pertinent education/training was received).

· Security clearance level, if applicable.

· Citizenship.

· If the person is a contingent hire, please place the word “Contingent” next to the person’s name.

4.1.3 Subfactor C - Management

4.1.3.1 Organization

The Offeror shall provide an organization chart that depicts lines of communication within the Offeror organization, including the role of Key Personnel; between the Offeror and its subcontractors; and between the Offeror and the Government. The chart shall demonstrate that the Offeror will effectively manage performance including successful performance of tasks, and monitoring and controlling costs.

4.1.3.2 Subcontractor Management Plan

If subcontracting or teaming is proposed, the Offeror shall propose a Subcontract Management Plan (SMP). The Offeror’s SMP shall describe its processes and techniques used to manage subcontract performance, including technical, schedule, cost, billing, and reporting. The SMP shall be fully consistent with other portions of the proposal. The SMP shall only include those subcontractors that are priced in the Cost/Price Proposal. If subcontractors are not included in the Cost/Price Proposal, they shall not be referenced in any other part of the proposal. The Offeror shall address the technical reason(s) for selecting each subcontractor; identify the portions of the SOW that will be subcontracted; and identify the contractual relationship with the subcontractor (e.g., CPFF, T&M, or FFP).

4.1.3.3 Approach

The Offeror shall address its overall approach and ability to plan, manage, and execute all efforts required by the SOW, including, but not limited to, controlling personnel, controlling utilization of resources, tracking deliverables, monitoring performance, and obtaining Government feedback. The Offeror shall describe processes to be used by the Offeror’s technical leadership to ensure specific subtasks are being performed effectively and efficiently.

4.1.3.4 Transition Plan

The Offeror shall provide a Transition Plan that includes, at a minimum, a schedule and description of all steps the Offeror intends to take in order to assume responsibility from the incumbent Contractor, within the timeframe stated in paragraph 3.1.1 of the SOW, at a minimum. The Transition Plan shall be consistent with the Offeror’s Technical Approach and Cost/Price Proposal. Specific elements to discuss include:

Offeror shall provide the plan on the following items:

· Hiring 100% of proposed personnel

· Training personnel

· To the extent not required in proposal, complying with DD 254 security requirements (e.g., obtaining personnel and facility security clearances, and safeguarding capabilities)

· Implementing access to Government facilities or information prior to full compliance with the DD 254

· Assuming responsibility for Government-furnished property

· Assuming, tracking, and ensuring quality of performance of work-in-progress

· Communicating with incumbent contractor

· Identifying risks and corresponding mitigation measures

· Identifying any Government support the Offeror needs for a successful transition

If the Offeror is the incumbent contractor, the Offeror shall address each of the above tasks and items in its Transition Plan, to the extent that such would apply to that particular Offeror.

4.1.4 Subfactor D - Small Business Participation

Proposals shall include a Small Business Participation Commitment Document (SBPCD) which demonstrates a realistic commitment (in terms of percentages of total labor hour costs*) to achieving the Small Business Participation goals set forth below. Offerors shall provide a SBP with sufficient information to demonstrate the tasks assigned to the selected Small Business subcontractors are meaningful to the overall success of the program in that: a) the type of tasks subcontracted to Small Business are of a technical nature and are not simply limited to administrative positions, and/or; b) it reflects a portion of the key labor categories proposed. The approach shall address use of Small Business Concerns, Small Disadvantaged Business Concerns, Women-Owned Small Business Concerns, HubZone Small Business Concerns, Veteran-Owned Small Business Concerns, and Service-Disabled Veteran-Owned Small Business Concerns. If it is the prime, a Small Business may submit its own participation toward achieving the objectives. This SBPCD shall be separate from Subcontracting Plan submitted pursuant to the clause at FAR 52.219-9, Small Business Subcontracting Plan. However, any differences between the two plans shall be explained in the proposal. The SBPCD will be reviewed by the Government’s Deputy of Small Business Programs.

*DO NOT INCLUDE COST INFORMATION IN SUBMITTALS FOR THIS SUBFACTOR.

All percentages are out of total proposed value.

Requirement for Total Small Business (all categories of small business) XX%

Goals per Subcategory:

Note: The North American Industry Classification (NAICS) code applicable to the requirements contained within this solicitation is 713930. Therefore, companies proposing as a subcontractor under this solicitation as a Small Business concern must have had an average annual receipt over their three previous fiscal years that was less than $9.5M.

4.2 Factor 2 – Past Performance (Volume II)

All Past Performance information must be contained within Volume II and no cost/price information concerning this requirement may be included in this volume.

The Offeror shall provide information up to three Past Performance references (“efforts”) with its proposal to encompass its relevant performance for periods in excess of six months within the last five years prior to the due date of proposals. Information about past efforts shall be submitted using the format provided as Attachment XX. In addition, Offerors shall submit information about one past effort for each major subcontractor, as defined in section 2.1. If no proposed subcontractors meet this 20% total burdened labor cost threshold, at least one past effort shall be provided for each of the three subcontractors performing the largest portions of subcontracted work under this effort (or all subcontractors if fewer than three are proposed).

The Government may use other information, such as Award Fee letters and CPARS data available from Government sources, to evaluate an Offeror’s past performance. If the Government cannot find a CPARS report, it may contact the customer directly, e.g. by phone or by sending them a Past Performance Questionnaire. The Government may also consider past performance information obtained from sources other than those identified by the Offeror, including Federal, State, and local Government agencies, Better Business Bureaus, published media and electronic databases, and/or personal knowledge. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the Offeror. Offerors are encouraged to provide contract reference information for efforts on which they are the Prime contract holder. Offerors shall detail the extent to which they contributed as a subcontractor to the referenced contracts.

4.3 Factor 3 – Cost/Price Proposal (Volume III)

Offerors shall ensure that all cost/price information is contained within Volume III and Section B, as applicable. In addition, ensure that Section B pricing matches the Prime Offeror Cost Summary. No Technical and Management or Past Performance information shall be submitted as part of the Cost/Price Proposal.

The Cost/Price Proposal shall be a separate volume comprised of the Section B Pricing, the Prime Offeror Cost Summary, the Prime Offeror Cost Narrative with substantiating cost information, and the Staffing Plan with Cost. The Prime Offeror Cost Summary shall be provided in the “Prime Offeror Cost Summary Format” Attachment XX in Section J. All proposed costs/prices shall be in whole dollars. The LOE in Section B includes both Prime and Subcontractor labor, if applicable, for all CLINs in all years of performance, including any options. Costs unique to the implementation of the proposed transition plan, if any, shall be clearly identified in the Cost/Price Proposal.

It is the Prime Offeror’s responsibility to ensure that ALL PROPOSED SUBCONTRACTORS provide information at this same level of detail regardless of the subcontract pricing arrangement, except where specifically noted.

In this procurement, the Government will perform a cost analysis/cost realism analysis of each Offeror’s (and subcontractor’s) proposed costs. The burden of cost credibility rests with the Offeror to demonstrate the realism of its proposed costs; as such, the Offeror shall submit substantiating cost data for every cost element it proposes (e.g., direct labor, fringe rate, overhead rate, G&A rate, subcontract costs). Providing insufficient information to substantiate the realism of an Offeror’s proposed costs may result in a cost adjustment or in the Offeror no longer being considered for award.

The Offeror’s proposal should represent its best efforts to respond to the solicitation. Any inconsistency between promised performance (e.g., the technical or management volumes and the identified personnel resources) and the proposed cost/price must be explained in the proposal. For example, if the intended use of new and innovative techniques is the basis for an unusually low estimate, the nature of these techniques and the impact on cost or price shall be explained; or, if a corporate policy decision has been made to absorb a portion of the estimated cost/price, that must be stated in the proposal. Any inconsistency, if unexplained, may raise a fundamental question of the Offeror’s understanding of the nature and scope of the work required and may adversely impact the evaluation of the Offeror’s proposal. The burden of proof as to cost/price credibility rests with the Offeror. Unrealistically low and/or high costs may indicate a lack of understanding of the requirements and a high-risk approach to contract performance.

4.3.1 Level of Effort (LOE)

Offerors' proposals shall not deviate from the total number of hours included in Section B.

4.3.2 Section B Pricing (Prime Only)

The Offeror shall submit proposed pricing for Section B using the web form provided in the PIEE module. Proposed Costs and Fee shall be provided for each applicable CLIN identified in the solicitation. Award will be made at the proposed Price (costs plus fee) of the successful Offeror using that Offeror’s proposed Section B pricing.

Offerors shall include the proposed LOE (labor hours) for each CLIN. Offerors shall clearly identify any proposed hours that are uncompensated effort.

4.3.3 Direct Labor

The following is required as part of the Prime Offeror Cost Summary:

The Offeror shall map proposed Contractor Labor Categories to the corresponding Government Labor Categories identified in the Government LOE (Attachment XX in Section J) within the Prime Offeror Cost Summary.

The Offeror shall complete the LOE breakout by the Prime Offeror and subcontractors to realistically reflect the Offeror’s Technical Volume. Failure to provide this information and proposed Direct Labor rate substantiation may result in the Government upwardly adjusting the proposed Direct Labor rates.

4.3.4 Additional Required Information

In its cost analysis/cost realism analysis, the Government will use the most relevant, reliable data available to evaluate the probable cost. Since each Offeror bears the burden of demonstrating the realism of its proposed costs, each Offeror shall substantiate its proposed costs, as presented in its Prime Offeror Cost Summary, with relevant, reliable data that demonstrates the realism of each proposed cost element. Each Offeror shall provide substantiation for the following information to be considered for award:

(a) Current Named Individual Direct Rate Supporting Documentation. The Cost/Price Volume shall reflect actual labor rates expected to be expended during performance; e.g., the rates from the most current Forward Pricing Rate Agreement/Recommendation (FPRA/R), if applicable, or the actual hourly rates for named personnel if such rates will be the basis for billing under the resultant award. For Prime and major subcontractors for which cost-reimbursement and time and materials (T&M) subcontracts will be used, Offerors shall provide a screen-capture from the employer's payroll system (i.e. payroll data), incurred within the last three months preceding release of this solicitation, for each current employee named in the proposal Staffing Plan. The Offeror shall fully explain all pertinent data on a sample screen capture. The Government must be able to derive the individual’s direct rate (both inclusive and exclusive of the impact of uncompensated overtime, if proposed) from the screen-capture information provided by the Offeror. The data shall clearly map to individual rates shown in the Staffing Plan with Cost.

(b) Contingent Hire Direct Labor Rate Supporting Documentation. The Offeror shall clearly indicate named contingent hires on its Staffing Plan(s) for itself and for all of its major cost-reimbursement and T&M subcontractors. The company proposing to employ a contingent hire shall provide a Letter of Intent, signed by the contingent hire, which explicitly lists the agreed-upon annual salary for the named individual and the amount of any proposed uncompensated work as part of its Cost/Price Proposal. The information contained within the Letter of Intent provided by the Offeror in the Cost Volume for contingent hires shall indicate the individual’s direct rate (both inclusive and exclusive of the impact of uncompensated overtime, if proposed).

(c) Unnamed Direct Labor Rate Supporting Documentation. If the offeror does not have a current Forward Pricing Rate Agreement/Recommendation (FPRA/R) and there is no payroll data available for one or more of the individuals proposed, the Offeror shall provide payroll data for a comparable position and a brief analysis of how the proposed position is comparable to the position corresponding to the payroll data supplied. Any additional supporting documentation may be provided at the Offeror’s discretion.

(d) Uncompensated Overtime Supporting Documentation. If any Offeror or major cost-reimbursement subcontractor proposes uncompensated overtime, it must substantiate any cost reductions to direct labor rates associated with its proposed use of uncompensated effort. This substantiation must include a description of the formulas applied to calculate the decremented rate (and/or decrement factor) and historical data to demonstrate that the proposed level of uncompensated overtime is realistic. Such historical data shall include the company’s historical average annual level of uncompensated overtime from preceding years and/or historical data demonstrating that the company’s proposed decremented rates are equal to or greater than historical actual incurred decremented direct labor rates for corresponding labor categories from preceding years, after adjusting them for annual escalation. In accordance with FAR 52.237-10, Identification of Uncompensated Overtime, if uncompensated time is included in the offer or any of the supporting cost data, the Offeror shall include a copy of its policy addressing uncompensated overtime with its proposal.

(e) Escalation. Offerors shall provide the basis for proposed escalation rates including formulas for prorating escalation rates, if applicable.

(f) Forward Pricing Rate Agreement (FPRA) or Forward Price Rate Recommendation (FPRR). If the Offeror or major cost-reimbursement subcontractor has an FPRA or FPRR with DCAA/DCMA, the Offeror shall provide a copy with their proposal. The Offeror shall clearly explain any deviations from the FPRA or FPRR, including formulas for prorating indirect rates, if applicable. If not evident in the FPRA or FPRR, include contact information for the DCAA/DCMA office that executed the FPRA or FPRR. If the Offeror does not have an FPRA or FPRR, the Offeror shall provide the actual, incurred rates for each proposed indirect and general and administrative (G&A) pool for the prior three years, indicating the beginning and end dates for each fiscal year. If an Offeror does not have an FPRA or FPRR, the Offeror shall provide substantiation within the Prime Offeror Cost Narrative as to how direct labor rates and indirect were calculated. In addition, absent an FPRA or FPRR, the offer shall also provide three years of historical indirect rates. This rate information shall include the Offeror's most recently completed fiscal year even if the rates are considered preliminary and have not been submitted to DCAA for audit. The Offeror shall note whether the actual rates have been audited by DCAA or any other independent organization; and shall specifically state which indirect rates have been finalized by DCAA/DCMA. Each Offeror shall provide this data for itself and shall ensure that the Government receives this information for any major cost-reimbursable and T&M subcontractors. Each Offeror shall provide a narrative detailing the major cost drivers for proposed indirect rates that are lower than historical rates.

Note: If an Offeror does not have three years’ worth of actual, incurred indirect data for any proposed indirect rate, the Offeror shall provide the required information dating from the origin of the company.

(g) Additional Substantiating Information. The Government encourages Offerors to provide additional substantiating information as necessary to demonstrate the cost realism of its proposed costs. Nevertheless, as with any substantiating cost data, merely providing the substantiating data, without sufficient analysis and explanation of the relevance and reliability of that data in the Prime Offeror Cost Narrative, may not be sufficient to demonstrate cost realism. The Prime Offeror Cost Narrative must clearly explain the reliability of all of the substantiating cost information provided and its relevance to the Offeror’s cost analysis. Providing substantiating cost information, without demonstrating its relevance and reliability, may indicate that the Offeror lacks an understanding of the costs involved in performing the solicitation’s requirements, which would indicate performance risks.

(h) Transition Plan Costs. Costs unique to the implementation of the proposed transition plan shall be clearly identified in the Cost/Price Volume.

4.3.5 Fee and Pass-Through

A Maximum Pass-Through Rate and a Maximum Fee Rate, identified in the Offeror’s proposals, are applicable to each Prime Contractor. Fee becomes a fixed dollar amount at the time of contract/TO award and is subject to the provisions of clause H-216-H0002 Level of Effort – Alternate 1 (if included). Fee is paid by the Government in accordance with clause B-232-H005, Payment of Fee(s) (Level of Effort) – Alternate I (NAVSEA). The Offeror’s proposed Fee Rate shall represent the maximum Fee Rate applicable to subcontractors included as part of Offeror’s proposal.

The Government strongly encourages the Offeror to eliminate “double pass-through” costs by: (a) avoiding second-tier subcontractors during performance; or (b) where this situation is unavoidable, limiting subcontractor pass-through costs to the lower of the Prime Contractor’s pass-through rate under this contract/TO.

4.3.6 Other Direct Costs (ODCs)

Government-specified ODCs are provided below. They include travel and incidental material expenses only. The amounts are unburdened. If the Offeror intends to charge indirect rates with its ODCs, the Offeror shall apply indirect rates such as G&A and material handling if consistent with the Offeror’s accounting methods in its proposal, but they may not include fee. ODCs are not subject to fee.

The Offeror must submit its fully burdened ODCs in both Section B and the cost/price volume for all applicable ODC CLINs. Reimbursement for travel will be in accordance with the Joint Travel Regulation (JTR) and B-231-H001, Travel Costs (NAVSEA).

If it is anticipated that subcontractors will need to incur ODCs, they shall be proposed as such (subject to the solicitation requirements with respect to ODCs). The Prime Offeror Cost Narrative shall specify whether travel costs are attributable to the prime or a subcontractor. The Offeror shall not include subcontractors’ travel and materials in the Prime’s portion of the Cost/Price Proposal if subcontractors will incur ODC expenses.

4.3.7 Subcontractors

Proposed cost-reimbursement and T&M major subcontractors (as defined in section 2.1) are required to submit Cost/Price Volumes (showing direct labor rates, indirect rates, and fee rate) through the PIEE module, using the Prime Contractor Cost Summary, provided as Attachment XX (identify this as Subcontractor Cost Summary (Company Name)). This information may be submitted separately through the PIEE module if the subcontractor does not wish to provide this data to the Prime. Cost data provided separately by a subcontractor shall be received by the time and date for receipt of proposals specified within this solicitation. For cost/price summary data provided separately, subcontractors shall place the appropriate restrictive legend on the data and identify the company name, name of Prime, address, point of contact, and solicitation number.

In its Cost Summary, the Offeror shall show a separate summary of its proposed hours and costs for cost-reimbursement subcontractors that are not major subcontractors (as defined in section 2.1). The hours listed there shall correspond to the hours included in the Offeror’s Staffing Plan. However, these subcontractors are not required to submit a separate Cost Summary Attachment for their proposed costs or provide substantiating cost data, unless the aggregate of ALL cost reimbursement subcontractors equals 20% or more of total proposed labor hour costs; then ALL cost reimbursement subcontractors are required to submit unsanitized proposals using the Subcontractor Cost Summary Attachment (showing direct labor rates, indirect rates, and Fee rate) through the PIEE module.

For all subcontractors that are proposed using fixed labor rates or fixed prices (i.e., T&M or FFP subcontracts) and who are not major subcontractors, the Offeror shall include the proposed hours and proposed costs per year in the Offeror’s Cost Summary Subcontractor calculations. Subcontractors proposed using T&M (other than major subcontractors) or FFP shall provide fixed rates or fixed prices for each contract year on the Subcontractor Cost Summary Attachment, without breaking out direct labor and burdens; however, the Offeror shall explicitly note that these costs or rates are fixed by describing the subcontract type (i.e., T&M or FFP).

In accordance with FAR 15.404-3(b), the Offeror shall conduct appropriate price analyses to establish the reasonableness of proposed subcontractor prices and include the results of these…