Attachment I List of Clauses and Provisions.pdf

List of Clauses and Provisions

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $1.00 $4,893,045.00 1001 $1.00 $538,177.50

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1.00

$4,893,045.00

$1.00

$538,177.50

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 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 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990

52.219-1 Alt I Small Business Program Representations (SEP 2023) Alternate I

SEP 2015

52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)

AUG 2018

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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--

(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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

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

The Government intends to award a single Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract with Firm, Fixed-Price (FFP) provisions as a result of this solicitation in accordance with FAR Part 12, FAR Part 15, FAR Subpart 16.5, and FAR 19.502-2. Award will be made to that offeror whose proposal represents the best value to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate proposals and make an award based on initial proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a Technical, Past Performance, and Price standpoint.

The Government intends to award a contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each Offeror should submit its most favorable terms from a technical, past performance, and price standpoint. However, the Government may contact any or all offerors with questions concerning their responses as permitted under FAR Part 15. The Government reserves the right to award a FFP contract to other than the lowest priced offeror; award a FFP contract without discussions; or award a FFP contract after discussions, whichever is in the best interest of the Government.

QUESTIONS: Offerors may submit questions regarding clarification of solicitation requirements to Lorna Mohney and Samantha Miller via email to lorna.d.mohney.civ@us.navy.mil and Samantha.a.miller77.civ@us.navy.mil. It is requested that all questions be received by 04 December 2023 by 1300 Eastern Time, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of proposals.

FOR SUBMISSIONS OF OFFERS:

(1) Proposals shall be submitted no later than the due date of the solicitation via email to Lorna Mohney and Samantha Miller via email to lorna.d.mohney.civ@us.navy.mil and Samantha.a.miller77.civ@us.navy.mil. Offerors shall comply with the detailed instructions for the format and content of the proposals contained herein; proposals that do not comply may be considered unacceptable and may render the proposal ineligible for award. All electronic files and versions of offerors’ proposals shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2016 (Word and Excel). The offeror shall be responsible for ensuring that their electronic proposals are virus free.

(2) Offerors shall comply with all instructions for submitting proposals and attachments.

(3) Volumes I and II – Non-Price Proposal These volumes shall address the Technical and Past Performance factors and include all information required for proposal evaluation. This volume of the proposal shall exclude any cost/price information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and FAR 3.104

(4) Volume III – Price Proposal This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

REQUIREMENTS FOR PROPOSAL CONTENT:

The offer should contain the following items in addition to other information required by this solicitation.

The cover page should indicate the following:

Title of the proposal Volume Number (I, II, or III) Proposal Category (Factor/Sub-factor) Request for Proposal Number Name and Address of Offeror, CAGE Code, DUNS number, and applicable Tax I.D. Number (TIN) Identification if original or a copy of the proposal Point of Contact name, telephone number, and email address Proposal valid for 180 days after solicitation closing The contractor shall advise their interest in West, East, or All locations.

Proposals shall be prepared in three (3) separate and distinct volumes:

Volume I, Factor I – Technical o Sub-factor I – Quality Control Plan o Sub-factor II – Contingency Plan o Sub-factor III - Sample of Student Guide/Material

Volume II, Factor II – Past Performance Volume III, Factor III – Price Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located.

1. Requirements for Style: Each offeror shall submit a proposal that clearly and concisely describes and defines the contractor’s response to the requirements contained in the solicitation documents and attachments. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired and may be construed as any indication of the offeror’s lack of understanding of cost consciousness. The proposal shall contain all the pertinent information in sufficient detail in the one area of the proposal where it contributes most critically to the discussion of the same information. When necessary, the offeror shall refer to the initial discussion and identify its location within the submitted proposal.

2. Proposal Page Limitations Volumes I and II Non-Price Proposal - The following page limitations are established:

Title Format Page Limit* Volume I – Factor I: Technical, Sub-factor I: Quality Control Plan MS Word & Adobe PDF 10 Pages Volume I – Factor I: Technical, Sub-factor II: Contingency Plan MS Word & Adobe PDF 10 Pages Volume I – Factor I: Technical, Sub-factor III - Sample of Student Guide/Material

MS Word & Adobe PDF 20 Pages

Volume II – Factor II: Past Performance MS Word & Adobe PDF 12 Pages

All submission and attachments shall be in Adobe Acrobat PDF, Microsoft Office Word, or Microsoft Office Excel.

Submissions are page limited to the maximum number of pages as defined above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the proposal may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½“ x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be selected as single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The offeror is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of acronyms, list of figures, compliance matrix, table of contents, tabs, and dividers.

Pages submitted in excess of the page limitations described within will not be evaluated.

Volume III, Price Proposal – is not page limited.

Title Format Page Limit* Volume III – Factor III: Price MS Excel Unlimited

The Price Proposal is not page limited; however, the Price proposal is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal.

1. Volume I Factor I: Technical Sub-factor I: Quality Control Plan Offerors shall describe in detail the offeror’s plan to ensure only qualified instructors are deployed to teach the Competent Person Fall Protection (CPFP) course AND to ensure only NAVSAFENVTRACEN-approved information is delivered to students, per sections 3 and 4 of the PWS. The description shall clearly describe tools to be used and steps to be taken to ensure the following:

All instructors are fully qualified according to the PWS All materials are approved and current with prevailing standards and policies Improvement of instructor performance as required Maintenance of instructor skills/proficiencies Sub-factor II - Contingency Plan Offerors shall describe the method planned to replace an instructor in event of an emergency, illness, or death (see PWS Section 8). Since the Government reserves the right to request that an instructor be replaced due to poor performance (see PWS Sections 7 and Section 8), this plan must address the following contingencies:

How to replace resource personnel due to emergent/unforeseen circumstance without interruption or degradation of performance How to replace resource personnel due to poor performance or lack of qualifications without interruption or degradation of performance Sub-factor III - Sample of Student Guide/Material For technical review and evaluation, offerors shall submit a sample Student Guide/Manual IAW section 5.2 of the PWS. The sample shall be based upon Lesson 23: Fall Arrest Rescue Plans and Procedures, as detailed in Appendix A of the PWS. The sample shall include materials specific to the lesson topics, along with any additional materials determined pertinent by the course instructor(s), and clearly demonstrate the following requirements:

Information is accurate and accompanied by effective graphics and samples, presented in a logical order, with designated space for note-taking.

All materials reflect the most current Navy and OSHA policies and guidelines.

2. Volume II, Factor II – Past Performance:

To demonstrate its past performance, the offeror shall identify up to three (3) of its most relevant contracts performed within five (5) years of the solicitation issuance date. Those contracts must reflect work that has already performed. Work yet-to-be performed by the solicitation closing date will not be considered. Offerors shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation.

For purposes of this solicitation, a contract is defined as a single contract or a single task order placed under an ID/IQ contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule. Offerors shall not submit the IDIQ contract, FSS contract, or BPA itself as a reference. Offerors may submit a combination of no more than three

(3) delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an ID/IQ or BPA as one of the three examples of past performance. Such a combination must also meet the requirements stated above: each individual example in the combination must have been performed within five

(5) years of the solicitation issuance date and demonstrate work that has already been performed prior to the closing date of the solicitation. If a combination of DOs, TOs, TDLs and or TATs are used as a past performance example, the offeror shall state the specific experience claimed, period of performance, and dollar value of each. A Past Performance example that does not provide the level of detail required may not be evaluated. No more than one combination of DOs, TOs, TDLs and or TATs is permitted in the past performance submittal.

If a proposed subcontractor’s past performance is provided as part of the three (3) of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement must be stated. The offeror’s submittal shall also detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform may not be evaluated.

If the prime offeror or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort may not be evaluated.

The past performance of subcontractors who will be performing major or critical aspects of the solicitation will be considered as highly as a prime contractor’s past performance.

Failure of offerors to provide the required information and level of specificity may result in the contract reference not being evaluated.

With respect to joint ventures, the procuring activity will consider work done individually by each member of the joint venture as well as any work done by the joint venture itself previously. Joint venture references must meet the temporal requirements described in section L (within five years and must reflect work that has already been performed prior to the solicitation closing date). Additionally, if a joint venture member submits a past performance reference, the joint venture member shall detail clearly the work that it performed in that effort and the magnitude (dollar value) of that work. A reference that does not differentiate between the overall contract effort and the joint venture member’s effort for that reference will may not be evaluated. The past performance of a joint venture member who will be performing major or critical aspects of the solicitation will be considered as highly as the joint venture’s past performance.

The references will be evaluated in the aggregate in order to allow offerors who may not have the entire scope and magnitude of the requirement under one individual contract to still be evaluated for quality if past performance with the full scope and magnitude of the requirement can be demonstrated within the allotted number of references as described above.

The offeror shall complete a “Past Performance Information Form” for each reference submitted. The form is an attachment to the solicitation.

In addition to the information requested above, offerors shall contact their past performance references and request that each reference complete the Past Performance Report Form attached to the solicitation and e-mail the completed survey form directly to Lorna Mohney and Samantha Miller via email to lorna.d.mohney.civ@us.navy.mil and Samantha.a.miller77.civ@us.navy.mil by the DUE DATE OF THIS SOLICITATION. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information.

***The Past Performance submission is limited to 12 pages***

3. Volume III, Factor III – Price The Price Proposal shall include the completed solicitation documents. The price proposal shall include all elements of price and such other price information considered appropriate to support the proposal. This submittal shall include the following:

A completed price table as detailed in the combined synopsis/solicitation that provides pricing for all CLINs completed by the offeror. For the purpose of preparing a price proposal, the offeror shall assume that the period of performance consists of a 5-year ordering period, and FAR clause 52.217-8, Option to Extend Services, established in the Schedule.

Attachment I –Pricing Spreadsheet completed by the offeror (see below for additional instructions).

o Offerors shall complete Attachment I, to include the Offeror’s proposed unit price for in-person and virtual classes, for the specified performance periods o The Firm-Fixed Price rates submitted in this Attachment will be incorporated into the resultant contract for orders placed against the max ceiling amount.

Unless completed in SAM, RFQ Section, "Representation, Certification and Other Statements of Offerors" completed by the offeror in accordance with FAR 52.204-8, FAR 52.204-24, FAR 52.204-26 and DFARS 252.204-7007 Alt. A.

All price and price supporting information shall be contained in the price submittal. No price or pricing information shall be included in any other volume including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price proposal.

The estimated travel amounts are provided in the solicitation as Not to Exceed (NTE), cost-reimbursable CLINs. The Government’s estimated travel (plus applicable burdens) shall be used for the purpose of evaluating the cost/price proposal. Application of overhead and/or G&A rates, as appropriate, will be allowed only if the offeror maintains separate accounts for such costs; the offeror must apply burdens (as appropriate and allowable) to the common evaluation amounts. No profit or fee may be applied to the travel costs. Any offeror having an accounting system that allows for the application of overhead and G&A to travel shall specifically state this. The offeror’s failure to identify that additional indirect cost elements will be included shall result in those costs being deemed as mutually agreed upon as unallowable during the performance of the contract. Offerors shall use the following Government-estimated travel amounts in preparing their price proposal:

Period Travel

Five-Year Ordering Period $2,592,213.00

FAR 52.217-8 $259,221.30

Total $2,851,434.30

ADDENDUM FAR 52.212-2, EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

The Government intends to award a single Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract with Firm, Fixed-Price (FFP) provisions as a result of this solicitation in accordance with FAR Part 12, FAR Part 15, FAR Subpart 16.5, and FAR 19.502-2. Award will be made to that offeror whose proposal represents the best value to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate proposals and award based on initial proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a Technical, Past Performance, and Price standpoint.

Offerors simply providing general statements or paraphrasing/parroting the PWS in whole or in any part may result in a rating of unacceptable. Offerors should be aware that a complete understanding as to technical, price, and all terms and conditions of the proposed contract must exist between the offeror and the Government at the conclusion of exchanges, if held. Material changes to proposals submitted in any final proposal revisions, if made, may not be subject to further exchange, and may render the offer unacceptable to the Government. All offeror and team member/subcontractor information must be incorporated into one coherent proposal to be considered complete.

The evaluation of proposals will consider the Non-Price Proposal to be significantly more important than the Price Proposal. Within the Non-Price Proposal, Technical Approach is more important than Past Performance. The Technical Approach will be composed of Sub-factor I- Quality Control Plan, Sub-factor II - Contingency Plan, and Sub-factor III - Sample of Student Guide/Material, all of which are of equal importance.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based. The importance of price will also increase when an offeror’s price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all offerors are determined to have submitted equal, or virtually equal, proposals, price could become the factor in determining which offeror shall receive the award.

All proposals will be reviewed for timeliness. Timely proposals will also be reviewed for compliance to the solicitation. If the proposal is not compliant with the material terms of the solicitation, it may not be evaluated and the offeror will be notified that the proposal is non-responsive.

1. Volume I, Factor I: Technical The purpose of the technical factor is to assess the offeror’s proposed approach to satisfy the Government’s requirements. The technical rating reflects the degree to which the proposed approach meets or does not meet the threshold performance or capability requirements. The risk associated with the offeror’s technical approach will also be assessed. Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor or sub-factor may involve risk of disruption of schedule, degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

The technical/risk rating includes consideration of risk in conjunction with the significant strengths, strengths, deficiencies, uncertainties, weaknesses, and significant weaknesses in determining technical ratings. Combined technical/risk evaluations will utilize the combined technical/risk ratings listed in the Technical Ratings Table and the risk descriptions in the Risk Descriptions Tables below. The overall assigned technical factor and sub-factor ratings will be from Table 1.

NOTE: An offer that receives a “Marginal” rating for the technical factor or any sub-factor is not eligible for award if award is made on initial offers. Offerors that receive a “Marginal” rating are considered to be susceptible to correction if the contracting officer determines that a discussion is appropriate and said discussion is conducted; and as such, an offeror that receives a rating of “Marginal” in the technical factor or any sub-factor is not awardable and will not be further evaluated unless discussions are conducted. An offeror that receives a rating of “Unacceptable” in the technical factor or any sub-factor is not awardable and will not be further evaluated

Sub-factor I: Quality Control Plan The offeror will be evaluated on the feasibility, comprehensiveness, and the degree to which the offeror demonstrates an understanding of, and capability to successfully accomplish, the requirements of the solicitation, specifically, the requirement that only qualified instructors are deployed to teach the Competent Person Fall Protection (CPFP) course AND only NAVSAFENVTRACEN-approved information is delivered to students, per sections 3 and 4 of the PWS, as well as the following:

All instructors are fully qualified according to the PWS All materials are approved and current with prevailing standards and policies Improvement of instructor performance as required

Maintenance of instructor skills/proficiencies Sub-factor II - Contingency Plan The offeror’s method planned to replace an instructor in event of an emergency, illness, or death (see PWS Section 8), as well as for poor performance (see PWS sections 7 and 8), will be evaluated on the feasibility, comprehensiveness, and the degree to which the offeror demonstrates an understanding of, and capability to successfully accomplish, the requirements of the solicitation, including the following:

How to replace resource personnel due to emergent/unforeseen circumstance without interruption or degradation of performance How to replace resource personnel due to poor performance or lack of qualifications without interruption or degradation of performance Sub-factor III - Sample of Student Guide/Material The offeror’s proposed sample of Student Guide/Manual will be evaluated on the feasibility, comprehensiveness, and the degree to which the offeror demonstrates an understanding of, and capability to successfully accomplish, the requirements of the solicitation, including the following: addressing Section 5.2 of the PWS; addressing Lesson 23:

Fall Arrest Rescue Plans and Procedures, as detailed in Appendix A of the PWS; including materials specific to the lesson topics, along with any additional materials determined pertinent by the course instructor(s), and clearly demonstrate the following requirements:

Information is accurate and accompanied by effective graphics and samples, presented in a logical order, with designated space for note-taking.

All materials reflect the most current Navy and OSHA policies and guidelines.

2. Volume II, Factor II – Past Performance:

The past performance evaluation factor assesses the degree of confidence the Government has in an offeror’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each offeror.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is performance that has taken place within five (5) years of the issuance date of this solicitation. Evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last five years, will not be considered. In addition, performance data will only be assessed for those references demonstrating work that has already performed prior to the closing date of the solicitation within the past 5 years.

Past Performance Relevancy: Regarding relevancy, each past performance reference under each offeror’s Past Performance submission will be evaluated to determine its scope, and magnitude relative to the instant requirement as detailed in table 3 below.

The following definitions will apply to this evaluation:

Scope: Experience in the areas described in the PWS.

Magnitude: The similarity of the dollar value of actually performed work that exists between the PWS and the offeror’s referenced contracts during the stated five-year period established by the solicitation.

The relevancy rating assigned to each past performance reference will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. References determined to be “Not Relevant” will not be further considered. Similarly, the quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

The aggregate of each offeror’s past performance references in terms of scope and magnitude will result in the assessed overall relevance of that offeror’s past performance.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the offeror’s past performance. The Government will review all past performance information collected and determine the quality of the offeror’s performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table 4 below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the offeror’s performance. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. Evaluation will focus only on work already performed. Work yet-to-be performed by the solicitation closing date will not be considered.

If the offeror’s aggregated past performance is determined to be not relevant as defined in the solicitation, then the quality of the offeror’s past performance will not be evaluated through a confidence assessment and the past performance factor will be rated as “Neutral Confidence.” If an offeror’s aggregate past performance is determined to be relevant, then each past performance reference under the offeror’s past performance submission that contributed to the determination of aggregate relevance (i.e., each reference that is rated at least somewhat relevant) will be evaluated to determine the quality of the offeror’s performance under that reference. The quality of performance on contract references that are rated Not Relevant is not evaluated even when the overall past performance is found to be relevant.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the past performance factor. In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although an offeror that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to evaluate Past Performance, the Government may also utilize existing data sources, including the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases;

communication with points of contact in the offeror’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

This evaluation and rating is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFP. In determining the rating for the past performance evaluation sub-factor, the Government will give greater consideration to the contracts which the Government assess as most relevant to the RFP.

NOTE: A rating of “Limited Confidence” for the past performance factor means that the offeror’s proposal is not awardable without a change or changes to the offeror’s proposal. A proposal that includes a “Limited Confidence” rating is considered to be susceptible to correction if the contracting officer determines that discussions (pursuant to FAR 15.306) is appropriate and said exchange is conducted. A rating of “No Confidence” for the past performance factor means that the offeror’s proposal is not awardable, is not susceptible to correction, and will not be further evaluated.

3. Volume III, Factor III – Price Price Proposals will be evaluated based on price reasonableness in accordance with FAR 15.404-1(b), Price Analysis. The Government may evaluate any and all information submitted by the offeror to support the reasonableness of the prices proposed. The method of evaluation used by the contracting officer is solely within the discretion of the contracting officer. The offerors are required to complete the Price Spreadsheet Attachment, and any information such as commercial pricing listings or any information, which can be used in evaluating the submitted price proposal.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based. The importance of price will also increase when a proposals price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the proposal. If, at any stage of the evaluation, all offerors are determined to have submitted equal, or virtually equal, non-price proposals, price could become the factor in determining which offeror will receive the award.

If the offeror’s proposal is determined to be unacceptable in any of the non-price evaluation factors, the price proposal will not be evaluated by the contracting officer. The Government reserves the right to award the contract to other than the lowest priced offeror.

Evaluation of Options The option at FAR clause 52.217-8 will be evaluated pursuant to solicitation provision FAR 52.217-5, Evaluation of Options. The Government will evaluate proposals for award purposes by adding the total price for the option to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option price is significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

4. Written Notice A written notice of award or acceptance of an offer e-mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding task order without further action by either party.