CNSSD Draft RFP__Sections L-M__3 Feb 2023.pdf

CUI//SP-SSEL

Section L - Instructions, Conditions and Notices To Offeror

L.1 FAR Clauses IBR:

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG 2020)

52.207-1 NOTICE OF STANDARD COMPETITION. (MAY 2006)

52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND SMALL

BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES. (MULTIPLE-AWARD

CONTRACTS) (OCT 2016)

52.211-6 BRAND NAME OR EQUAL. (AUG 1999)

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

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (NOV 2021)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN COST OR PRICING DATA. (NOV 2021)

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF

SUBCONTRACT EFFORT. (OCT 2009)

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION. (FEB

1999)

52.232-13 NOTICE OF PROGRESS PAYMENTS. (APR 1984)

L.2 52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a hybrid Multiple Award IDIQ with FFP and CPFF contract types resulting from this solicitation.

L.3 FAR 52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Sean Merritt DOE/NNSA, HQ Services Acquisition Branch (NA-PAS-314) Room 1J-009 1000 Independence Avenue, S.W Washington DC 20585

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

L.4 52.236-27 SITE VISIT (CONSTRUCTION). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigation and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: [ ] Address: [ ] Telephone: [ ]

L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

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

https://www.acquisition.gov

L.6 52.252-3 ALTERATIONS IN SOLICITATION. (APR 1984)

Portions of this solicitation are altered as follows: [ ]

L.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (NOV 2020)

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

(b) The use in this solicitation of any [insert regulation name] (48 CFR chapter [ ]) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

https://www.acquisition.gov/

NNS-L-1001 INSTRUCTIONS FOR PROPOSAL PREPARATION - GENERAL (TAILORED) (SEP

2016)

(a) GENERAL INFORMATION

(1) Proposal Preparation Instructions, General. These general proposal preparation instructions provide general submission requirements and prescribe the format of proposal documents. More specific information pertaining to the content of the proposals is identified and described in Section "L" provisions.

(2) The proposal must include the information and follow the prescribed format in the subparagraphs below and contain the specific content identified in Section "L" provisions. Failure to follow procedures and provide any of the documents or information may be considered a material omission and may adversely affect an Offeror's evaluation. Simply repeating the Statement of Work requirements or merely offering to perform the work may result in a lower evaluation or the offer being determined unacceptable. A proposal that is sufficiently documented to support performance/price in a complete, orderly, and detailed manner will enable the Government to expedite the completion of a thorough and fair evaluation.

(3) Classified Information. The Offeror shall not provide classified information in response to this solicitation.

(4) Information Provided. The Government will evaluate on the basis of information provided in the proposal. The Government will not assume that an Offeror possesses any capability unless such a capability is established in the proposal.

(5) Alternate Proposals. Alternate proposals will not be accepted.

(6) Contractor Teaming Arrangements. For purposes of this RFP, the term "Offeror" includes the entire contractor team arrangement. "Contractor Team Arrangement" is defined in Federal Acquisition Regulation (FAR) 9.601. Offerors shall provide full and complete information on each of the participating firms, including subcontractors, with particular emphasis placed on the ability of each member of the Offeror's team arrangement to satisfy the evaluation criteria. In addition, full and complete information must be provided on the management of any contractor team arrangement that may be involved in the performance of work.

(7) Reading Room. An electronic "Reading Room" containing technical documents applicable to this solicitation is located at NNSA's acquisition website found at https://www.energy.gov/nnsa/nuclear-smuggling-detection-and-deterrence-program-nsdd-counter-nuclear-smuggling-system.

(8) Official Use Only (OUO) Document. The Government considers the XXX System Requirements Document (SRD), Attachment L-4d and the XXX Preliminary Equipment List (PEL), Attachment L-4e are OUO Documents and cannot be made available to the public via any public webpages (e.g. SAM, FedConnect, DICCE2 acquisition webpage, Reading Room). The Documents may assist Offerors in the preparation of their proposal. If an Offeror would like to request a copy of the XXX SRD and PEL OUO documents, please complete the request form, found on the acquisition webpage listed above under section (7) Reading Room, and submit it to the Contracting Officer via CNSSD@NNSA.DOE.Gov for processing. The XXX SRD will only be mailed to the organization submitting the request.

https://www.energy.gov/nnsa/nuclear-smuggling-detection-and-deterrence-program-nsdd-counter-nuclear-smuggling-system https://www.energy.gov/nnsa/nuclear-smuggling-detection-and-deterrence-program-nsdd-counter-nuclear-smuggling-system mailto:CNSSD@NNSA.DOE.Gov

General Instructions (May 2017) (Tailored)

b. PROPOSAL FORMAT

1. The Government will consider how well the Offeror complies with all solicitation instructions. Proposals, including any from subcontractors, affiliates and all teaming or other contractor arrangements, must conform to the solicitation provisions regarding preparation of offers. Failure to comply with the proposal format set forth in this solicitation may result in the elimination of the Offeror or material not being evaluated. To aid in the evaluation, proposals must be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate), and logically assembled. Proposal files are to be formatted in the following applications: Microsoft Word XX or lower for Volume II and Microsoft Excel XXX or lower for Volume III.

2. Each Offeror's proposal shall be organized and submitted as stated in the table below. Only electronic submissions provided through System for Award Management (SAM) will be accepted.

Proposals shall be provided as stated in the table, segregated by volume as requested below. The proposal shall consist of three volumes. Each volume must be submitted as a separate file. Multiple electronic files may be submitted for each volume; however, each file must clearly identify the volume and tab to which it relates. Information required for proposal evaluation, which is not found in its designated volume or tab, may not be evaluated and may result in an unfavorable evaluation. With the exception of pricing information requested in Volume I regarding Part I, Section B, "Supplies or Services and Prices/Costs", all contractual cost and pricing information shall be addressed only in the Cost Volume III, unless otherwise specified.

Page limitations if any, for each volume are specified below. The proposal shall be submitted as follows:

VOLUME

TITLE # OF PAPER/ELECTRONIC

COPIES

PAGE LIMIT

Volume I Offer and Other Documents No page limit

Volume II

Technical & Management

78 Pages Total

Tab 1 - Criteria 1 - Relevant Corporate Experience

Introduction 1 Relevant Corporate Experience Forms (3 pages each experience) 15

See Attachment L-1(a) Relevant Corporate Experience Indicator Summary Matrix 3

See Attachment L-1(b) Total pages 19 pages

Tab 2 - Criterion 2 - Organizational Structure and Key Personnel

Organizational Chart 1 Organizational Structure Description narrative 5 Key Personnel Resumes (3 pages each Resume) 12

See Attachment L-2(a) Letters of Commitment (1 page each Key Personnel) 4

See Attachment L-2(b) Total pages 22 pages

Tab 3 - Criterion 3 Project Scenario Responses

Scenario #1 Response 3 Scenario #2 Response 3

Total pages 6 pages

Tab 4 - Criterion 4 - Technical Approach to XX Task Order 30 pages Tab 5 - Criterion 5 - Past Performance See Attachment L-5 1 page

Volume III Cost Proposal No page limit

See Attachment L-6

3. Each volume designated above, must be submitted individually in SAM found at https://www.SAM.gov. Subcontractors submitting proprietary information may register in SAM and submit their information separately identifying in the subject line the solicitation number and to whom they are a subcontractor; or they may provide a password protected document (file) to the Prime Contractor and share the password with the Contracting Officer. Regardless of the method chosen, the subcontractor's proposal must adhere to the proposal due date/time stated in the solicitation. Submission of electronic proposals via SAM will constitute submission of signed copies of the required documents.

The name of the authorized company official shall be entered (typed) in block 16 on the Standard Form 33.

4. Table of Contents. The Offeror shall have a table of contents in each proposal volume that identifies the section, tab, paragraph titles, and page numbers. Also include a list of all tables and figures.

5. Glossary. Each volume shall contain a glossary of all abbreviations and acronyms used, including a definition for each.

6. Page Description. Page size shall be 8.5 x 11 inches for text pages and a maximum of 11 x 17 inches for spreadsheet, charts, tables, diagrams or design drawings. If an 11 x 17 page is used for spreadsheet, charts, tables, diagrams or design drawings this shall be counted as 2 pages. Page margins shall be a minimum of one inch at the top, bottom and each side. Pages shall be numbered sequentially by volume and by section within the volume. The name of the Offeror, solicitation number, date, page number, and the legend at FAR 52.215-1(e), "Restriction on Disclosure and Use of Data," as appropriate, shall be provided on each page and is the only information that can be displayed within the one-inch top, bottom, and side margins. A font size smaller than that which is described in paragraph (7) below can be used for this information; however, other text reductions are unacceptable.

7. Text. The text for the proposal shall be 12 point (or larger), with the exception of spreadsheets, charts, tables, diagrams or drawings, graphs, and illustrations throughout the proposal, shall be 8 point (or larger). The proposal shall be single-spaced with Times New Roman preferred, but Courier, Geneva, Arial or Universal font type is allowable. Single or double spacing is acceptable for those pages identified under the "Page Count Exceptions," paragraph (9) below. Two columns of text per page and use of boldface type for paragraph headings are acceptable.

8. Information in Volume II will only be read and evaluated up to the limitation described in the table. Page counting will begin with the first page and continue up to the page limitation. Pages exceeding the page count will not be read or evaluated. No material may be incorporated by reference (including any information from Volume I or III) as a means to circumvent the page limitation.

https://www.sam.gov/

9. Page Count Exceptions. Every page of Volume II shall be counted towards the page limitation, including attachments, appendices and annexes, except for the following: Table of Contents, Title Pages, and Glossary.

A proposal inclusive of the above volumes is due no later than 05:00 PM EDT TBD.

B. Requests for Clarification: Requests for clarification and/or notifications of discrepancies in solicitation documents shall be submitted and accepted only via e-mail to mesia.luster@nnsa.doe.gov and sean.merritt@nnsa.doe.gov. It is the sole responsibility of the offeror to verify receipt of the submitted request. Answers will be made available to all offerors as soon as practicable. The identity of prospective offerors asking questions will be withheld. All requests shall address the rationale and justification for obtaining such information in terms of how the clarification or discrepancy affects development of the proposal in terms of price, schedule, or performance. Additionally, the request should provide the applicable citations (sections, page numbers, and paragraphs) in the solicitation documents where there exists a discrepancy or which requires clarification. Such requests may not receive a response if received after 05:00 PM EDT TBD. If the request does not meet the requirements specified herein, the Government reserves the right to disregard the request.

C. The Offeror shall submit cost proposal in the Excel Proposal Template provided in Attachment #4

Cost Model Workbook.

NNS-L-1002 PROPOSAL PREPARATION INSTRUCTIONS: VOLUME I -- OFFER AND OTHER

DOCUMENTS (DEC 2014)

(a) General: Volume I, Offer and Other Documents, consists of the following documentation.

Standard Form (SF) 33, Solicitation, Offer, and Award

Representations and Certifications

Exceptions and Deviations Taken in Other Volumes

Subcontracting Plan

Government Furnished Property

Additional Information

(b) Content.

(1) Standard Form 33 (SF33), Solicitation, Offer, and Award. The Standard Form 33 shall be fully executed by an authorized representative of the offeror. This form shall be used as the cover sheet of each copy of Volume I, Offer and Other Documents. Offers are instructed to fully complete Part I, Section B paragraphs pertaining to price.

(2) Representations and Certifications. Representations, certifications, and other statements of offerors (Part IV- -Section K of the solicitation), shall be fully executed by an authorized representative of the offeror.

(3) Exceptions and Deviations. Any exceptions or deviations to the terms of the proposed contract may make mailto:mesia.luster@nnsa.doe.gov mailto:sean.merritt@nnsa.doe.gov the offer unacceptable for award without discussions.

(4) Subcontracting Plan (if applicable). The Offeror shall submit a Small Business Subcontracting Plan which contains all the elements required by Part II, Section I, clause entitled, Small Business Subcontracting Plan. The Small Business Subcontracting Plan must be approved by the Contracting Officer prior to contract award.

(5) Government Furnished Property. The Government plans to provide the property listed in Part III, Section J, of this solicitation.

(6) Additional Information. If the address shown on the Standard Form 33 (or SF 26, or other solicitation form used) is different from the remittance address, it shall be provided along with any other information the Offeror needs to bring to the attention of the Government.

NNS-L-1003 PROPOSAL PREPARATION INSTRUCTIONS: VOLUME II – TECHNICAL AND

MANAGEMENT INFORMATION (DEC 2014)

a. General. Volume II shall contain all information and material submitted in accordance with the following instructions, which will be evaluated under the Criteria listed in Section M, "Basis of Award." This volume shall address five evaluation criteria at TABS 1-5 below. For the proposal to be evaluated strictly on the merit of the material submitted, no contractual cost or pricing information shall be included in this volume of the proposal.

b. Content.

The Offeror shall provide the following information for the Technical and Management Information Volume II of the proposal.

1. TAB 1 - Criterion 1: Relevant Corporate Experience.

The offeror shall submit completed Relevant Corporate Experience Form(s), Attachment L-1(a). Instructions for completing the Relevant Corporate Experience Forms are in Attachment L-1(a). Primarily using the Relevant Corporate Experience of the Offeror (the term "Offeror" includes the entire Contractor Team Arrangement), and any other information it deems appropriate, the Offeror shall also submit a one (1) page introduction describing how the experience provided at Attachment L-1a is relevant to the indicators to accomplish the aspects of the CNSSD Master Statement of Work (SOW); indicators and relevancy to the indicators are defined at Attachment L-1(a). At a minimum the Offeror shall include experience of the team member(s) providing the critical CNSSD Master SOW elements of design, construction oversight, project management, communications, and logistics.

Offerors who submit relevant experience for themselves that was performed by a subsidiary, sister, parent or predecessor company, or branch office of the team member company shall fully explain how they would participate in this contract. The experience cited must be ongoing or have ended within the last six (6) years of the RFP release date and must have been in place for at least nine (9) months. Any experience submitted that concluded more than six (6) years prior to the date of RFP release will not be considered. Multiple projects can demonstrate experience and capability for multiple indicators, or a single project can demonstrate multiple indicators. Do not submit a group of related jobs as one project unless all the work was done under the same contract. The Offeror shall provide no more than five (5) relevant experiences with no more than three (3) pages for each experience. Should submissions exceed five (5) pages per experience, only the first three (3) pages will be considered.

i. The Offeror shall submit a complete Indicator Summary Matrix at Attachment L- 2b, a one (1) 8 ½ x 11 page that identifies which submitted team member experience demonstrates which indicator.

2. TAB 2 - Criterion 2: Organizational Structure and Key Personnel

Organizational Structure: Offeror shall provide a detailed Organizational Chart identifying Key Personnel (Program Manager, Deputy Program Manager, Contracts Manager, and International Subcontracts Manager, as identified at Provision DOE-H-2070), prime and major subcontractors. Organizational Chart shall include accountability and the lines of authority. At a minimum, the Organizational Chart shall include the team members of any joint venture or other Small Business Administration (SBA) teaming arrangement and the team members or subcontractors providing, Design and Engineering, Communications Design and Engineering, Logistics/shipping, In-Country Project Oversight, Quality Control, Safety and Security, and Program and Project Management.

Structure Description Narrative: Offeror shall provide a narrative describing the roles and responsibilities of each Key Person, team member and major subcontractor, the approach to effective communication and management within the contractor team, between the contractor team and subcontractors, between the contractor team and the Host Country stakeholders, and between the contractor team members and the Government. The narrative should clearly describe the structures at both the Program and Project levels.

i. Key Personnel:

A. Resumes: the Offeror shall provide written resumes for the Key Personnel identified in DOE-H-2070 of Section H of the RFP. The proposed resumes shall address the elements described in Attachment L-2a entitled "Key Personnel Resume Elements." If an Offeror proposes key personnel in addition to the positions identified in clause DOE-H-2070 they will not be evaluated. Only a single person in each role will be considered, however a single person can be considered for multiple roles. A Deputy Program Manager may be offered, however if a Deputy Program Manager is offered, a clear delineation of the roles and responsibilities for each must be included in the Structure Description Narrative. Exhibits submitted for additional personnel will be removed and not be considered. Proposed Key Personnel must be United States citizens.

B. Key Personnel Letters of Commitment: The Offeror shall provide a one-page signed letter of commitment for each proposed Key Personnel identified in DOE-H-2070 of Section H of the RFP (see sample at Attachment L-2b). The signed letter of commitment is an acceptance of employment with the Offeror by the Key Personnel to remain committed to this contract for at least 3 years at an agreed upon salary and benefit package.

3. Tab 3 – Project Scenario Responses

For each Scenario, the offeror shall provide a Technical Approach for the scenario that includes a project plan that identifies:

1. How the project would be staffed.

2. How the work would be overseen.

3. How quality would be ensured.

4. How technical integration subject matter expertise would be provided.

5. How testing and inspection would be conducted.

6. How maintenance and training would be facilitated.

The response shall not exceed three pages per Scenario. A Scenario Map is included for reference. (Attachment L- 3)

i. Scenario #1 – High Security Risk Border Area

NNSA is seeking to provide an international law enforcement partner with assistance with deploying Counter Nuclear Smuggling System in a high-risk area near an international border where US citizens are not allowed to travel per US Embassy security guidance. However local national contractors are allowed to travel to this location. There are urban areas close to either side of the border and security checkpoints on the approach to the border region. All components of the system shall be integrated into a central operations room that is located at a border crossing. Components of the Counter Nuclear Smuggling System shall include:

Radiation Detection Systems at the border crossing for both vehicle and pedestrian lanes;

Day/Night CCTV cameras around the border crossing to ensure Radiation Detection Systems cannot be bypassed illegally;

Area monitoring system that provides coverage of 10 km length of a green border with little infrastructure, but urban areas close to either side;

Upgrades to vehicle control and lighting systems to support CNS operations at security checkpoint on the approach to the border;

New radio communications networks that provide secure coverage of the area of this project;

The necessary maintenance equipment and training to support long-term corrective and preventative maintenance of all systems.

ii. Scenario #2 – Austere Environment Equipment Deployment

NNSA is seeking to provide an international law enforcement partner with assistance in deploying Counter Nuclear Smuggling System (CNSS) in an austere environment in Africa. Travel will require close coordination with the embassy and will likely include a partner led security detail. U.S. Citizen travel is likely to be limited to an initial assessment and final acceptance and transfer of the CNSS. The CNSS deployment will consist of but is not limited to:

procurement of a blend of equipment from U.S. and Non-U.S. vendors;

delivery to country and storage;

integration of vehicle-based radiation detection system(s);

final delivery of the equipment shall be assumed to be in a remote region with varying road conditions, which may be unpaved;

testing and inspection;

and transfer of all equipment.

4. TAB 4- Criterion 4: Technical Approach to Africa Task Order

(i) The Offeror shall provide a Technical Approach for the Africa Task Order, to include a Project Plan that addresses how the work will be organized to accomplish the Statement of Work (SOW), Attachment L-4(a), and the Design Requirements Document, Attachment L-4(b). Simply repeating the SOW requirements or merely stating that the tasks will be performed may result in a lower evaluation or the Offer being determined technically unacceptable.

(A) The Offeror shall provide a detailed Project Plan, to include an organizational structure, lines of communication, personnel identified by labor category, methods for performing the work, and level of effort. At a minimum, the Project Plan shall include the following activities:

o Project Schedule that includes all of the activities in the statement of work;

o Equipment Assumptions Review;

o Assessment Visit;

o Market Research Report;

o Revised Equipment List o Communication System / Integration Design Reviews o Equipment Procurement o Installation/ Integration o Inspection and Testing Activities o Equipment / Communication System Turnover o Project Close-Out o A Remote Oversight Plan that describes how the project will be managed with limited or no U.S. personnel in-country.

o A Health, Safety and Security Plan that describes the measures that will be put in place to protect personnel and/or subcontractors working in high-risk regions or austere environments.

o Procurement Plan including logistics, equipment storage, inspection and testing, warranties, and other logistical services necessary for accomplishment of the SOW o Small Business Subcontracting Plan detailing what portion of the work will be subcontracted to qualified small business concerns and how this will be achieved. If portions of the work will be set aside or if small business will be a criterion in subcontract competitions, describe how this will be accomplished.

o An organization chart that graphically depicts the Offeror’s plan, including key personnel, stakeholder communication, key equipment vendors and other personnel or interfaces providing critical support to the project.

5. TAB - 5: Criterion 5: Past Performance. In the proposal submission, the Offeror shall submit a one (1) page list identifying the contracts and the names, titles, and phone numbers of the respective points of contact to whom the Past Performance Questionnaires were provided.

The Offeror shall provide the Past Performance Questionnaire, Attachment L-4, to a Project Owner Point of Contact (POC) for a maximum of five projects. At a minimum, the Offeror should provide a completed “copy” of the Past Performance Questionnaires to each of the Project Owner POCs identified in Blocks 12a and 12b of the Relevant Corporate Experience Form, Attachment L-2a, with a request to return the completed Past Performance Questionnaires via e-mail to the Contracting Officer, Sean Merritt at CNSSD@nnsa.doe.gov no later than 7 days prior to the RFP due date. Receipt of the questionnaires by NNSA is not subject to the provisions of FAR clause 52.215-1, "Instructions to Offerors-Competitive Acquisition," related to late proposals. The Offeror shall be responsible for assuring, to the extent possible, that the completed Past Performance Questionnaires are returned to the Contracting Officer. Offerors are advised that past performance information received more than 7 days prior to the closing date of this solicitation may not be considered in the evaluation process at the sole discretion of the Contracting Officer. If the Offeror is a newly formed legal entity that has no past performance information, the Offeror shall submit past performance information relating to its team members. The Government will consider the past performance of predecessor companies or affiliated if the contractor can demonstrate that the assets or resources of the predecessor or affiliated company will be brought to bear in performance under this contract

Note that Government evaluators may utilize any and all sources of Past Performance Information including, but not limited to, federal, state, and local past performance databases as well as the Past Performance Information Retrieval System (PPIRS). Government evaluators reserve the right to contact any of the provided references to solicit additional information or clarification regarding the Offeror's past performance. The Contracting Officer and/or technical evaluators may research Offeror's performance on any federal, state, local, and commercial contract performed by the Offeror that is known to the Contracting Officer, but not included as a reference on a submitted quotation. Additionally, personal experience and evaluator knowledge of particular past performance may be utilized by the technical evaluation Team Members.

L.9 DOE-L-2015 OFFER ACCEPTANCE PERIOD (OCT 2015)

The offeror's bid/proposal shall be valid for 120 calendar days after the required due date for bids/proposals.

L.10 DOE-L-2017 EXPENSES RELATED TO OFFEROR SUBMISSIONS (OCT 2015)

This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal or bid, or in making necessary studies or designs for the preparation thereof or for acquiring or contracting for any services relating thereto.

L.11 DOE-L-2024 Notice of Intent - Use of Non-Federal Evaluators and/or Advisors (OCT 2015)

The Government may utilize non-federal evaluators and/or advisors or other non-Federal support personnel for evaluating proposals received in response to this solicitation. Such personnel shall be required to sign nondisclosure agreements and to comply with personal and organizational conflicts of interest requirements in accordance with the FAR and DEAR 915.207-70 (f)(5) and (6). Under the statutes governing procurement integrity, these non-federal personnel may not disclose any information learned by participating in this acquisition. See the Procurement Integrity Act, 41 U.S.C. § 2101-2107.

(End of Provision)

L.12 DOE-L-2027 NOTICE OF PROTEST FILE AVAILABILITY (OCT 2015)

(a) If a protest of this procurement is filed with the Government Accountability Office (GAO) in accordance with 4 CFR part 21, any actual or prospective offeror may request the Department of Energy to provide it with reasonable access to the protest file pursuant to 48 CFR 33.104(a)(3)(ii), implementing section 1605 of Public Law 103-355. Such request must be in writing and addressed to the Contracting Officer for this procurement.

Any offeror who submits information or documents to the Department for the purpose of competing in this procurement is hereby notified that information or documents it submits may be included in the protest file that will be available to actual or prospective offerors in accordance with the requirements of 48 CFR 33.2014(a)(3)(ii). The Department will be required to make such documents available unless they are exempt from disclosure pursuant to the Freedom of Information Act. Therefore, offerors shall mark any documents as to which they would assert that an exemption applies. (See 10 CFR part 1004.)

Section M – Evaluation Factors for Award

M.1 FAR Clauses IBR

52.217-5 EVALUATION OF OPTIONS. (JUL 1990)

52.247-50 NO EVALUATION OF TRANSPORTATION COSTS. (APR 1984)

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M.2 52.247-49 DESTINATION UNKNOWN. (APR 1984)

For the purpose of evaluating offers and for no other purpose, the final destination(s) for the supplies will be considered to be as follows: TBD IAW Subsequent Task Orders

NNS-M-1001 EVALUATION OF PROPOSALS (NOV 2009) (TAILORED)

a. This acquisition will be conducted pursuant to the policies and procedures in Federal

Acquisition Regulation (FAR) Part 15 and Department of Energy Acquisition Regulation (DEAR) Part

915. NNSA has established an Integrated Project Team (IPT) to evaluate the proposals submitted for this acquisition.

b. The instructions set forth in Part IV Section L are designed to provide guidance to the

Offeror concerning the documentation that will be evaluated by the IPT. The Offeror must furnish adequate and specific information in its response. Simply repeating the Statement of Work (SOW) requirements or merely offering to perform the work may result in a lower evaluation or the offer being determined technically unacceptable.

c. A proposal will be eliminated from further consideration if the proposal is so grossly and obviously deficient as to be totally unacceptable on its face or the Offeror does not meet any Pass/Fail criteria. For example, a proposal will be deemed unacceptable if it does not represent a reasonable initial effort to address itself to the essential requirements of the RFP, or if it clearly demonstrates that the Offeror does not understand the requirements of the RFP. Therefore, if a proposal is determined to be technically unacceptable, no further evaluation of the proposal (technical, cost, or management) will be performed. If a proposal is eliminated, a notice will be sent to the Offeror stating the reasons that the proposal will not be considered for further evaluation under this solicitation.

d. For any actual or potential Organizational Conflict of Interest (OCI), the Offeror shall submit a plan of actions/activities to avoid, neutralize, or mitigate such conflict (see Section DOE-H- 2035 Organizational Conflict of Interest Management Plan). Prior to selection for award by the Source Selection Authority, the Contracting Officer (CO) will make a finding whether any possible OCI exists with respect to each apparent successful Offeror or whether there is little or no likelihood that such conflict exists. An award will be made if there is no OCI or if any OCI can be appropriately avoided, neutralized, or mitigated

e. Pursuant to 15.306(c), the Contracting Officer's determination of competitive range for proposals submitted as a result of this solicitation will consider such factors as technical evaluation/ranking of the proposal, initial cost/price proposed, and other items set forth in this section.

Offerors are hereby advised that only those proposals deemed to have a reasonable chance for award of a contract will be included in the competitive range. Offerors who are not included in the competitive range will be promptly notified.

f. For evaluating information on an Offeror's experience and past performance, NNSA will consider information on all of those companies comprising the Offeror's "Contractor team arrangement" that will perform major or critical aspects of the SOW as well as on the single legal entity submitting the offer. NNSA may contact some or all of the references provided by the Offeror, and may solicit past performance information from other available sources.

g. The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror's initial proposal should contain the Offeror's best terms for both a technical and cost standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

h. Exceptions or deviations to any terms and conditions alone will not render the proposal unacceptable; however, any exceptions or deviations to the terms of the solicitation may make the offer unacceptable for award without discussions. If an Offeror proposes exceptions to the terms and conditions of the contract, the Government may make an award without discussions to another Offeror that did not take exception to the terms and conditions of the solicitation.

i. One or more deficiencies identified in a criterion may result in an overall rating of unsatisfactory for the criterion. An overall rating of unsatisfactory in one evaluation criterion may result in elimination of the proposal from further consideration regardless of the rating of the other criteria.

NNS-M-1002 BASIS OF CONTRACT AWARD (NOV 2009) (TAILORED)

The Government intends to award one or more contracts to the responsible Offeror(s) whose proposal(s) is responsive to the solicitation and is determined to be the best value to the Government. Selection of the Offeror(s) that represent the best value to the Government will be achieved through a process of evaluating each Offeror's proposal against the evaluation criteria described below. In determining the best value to the Government, criteria one (1) through criteria (5) are significantly more important than the Cost evaluation criterion (6). The Government is more concerned with obtaining a superior proposal than making an award at the lowest evaluated total cost. However, the Government will not make an award at a price premium it considers disproportionate to the benefits associated with the evaluated superiority of one proposal over another. Thus, to the extent that Offerors' proposals are evaluated as close or similar in merit, the evaluated cost is more likely to be a determining factor. The evaluation criterion below are in descending order of importance.

(a) RELATIVE IMPORTANCE OF EVALUATION CRITERIA

1. Relevant Corporate Experience

2. Organizational Structure and Key Personnel.

3. Project Scenario Responses

4. Technical Approach to Africa I Task Order

5. Past Performance

6. Cost

(b) EVALUATION FACTORS

(1) TAB 1 - Criterion 1: - Relevant Corporate Experience

The individual indicators, as identified at Attachment L-1(a), that comprise the criterion for Relevant Corporate Experience are not listed in order of importance and will not be individually weighted, but rather will be considered as a whole in developing an overall adjectival rating. Therefore, the individual indicators are not subfactors as used in FAR 15.304.

(i) The Government will evaluate and assess the degree to which the Offeror’s (the term "Offeror" includes the entire Contractor Team Arrangement) Relevant Corporate Experience will contribute to the successful completion of the CNSSD Master Statement of Work (SOW) which include but are not limited to the elements of design, construction oversight, project management, communications, and logistics. Corporate experiences that include multiple critical CNSSD Master SOW elements of design, construction oversight, project management, communications software, and logistics in a single project may be rated higher.

(2) Tab 2 - Criterion 2: - Organizational Structure and Key Personnel.

i. The Government will evaluate the Offeror's Organizational Structure to determine the degree to which the proposed Organizational Chart and the Organizational Structure Description Narrative is likely to result in efficient and successful performance of the CNSSD SOW.

The Government will evaluate and assess the degree to which the Key Personnel (Program Manager, Deputy Program Manager, Contracts Manager, and International Subcontracts Manager) have the education and/or experience to effectively execute the duties and responsibilities for their proposed position considering the nature, size, and scope of the work required in the CNSSD SOW relevant to their proposed positions. Resumes of Key Personnel without the required letters of commitment will not be evaluated.

(3) TAB 3 - Criterion 3: Project Scenario Responses

The Government will evaluate Scenario #1 based on the offerors approach on how the project would be staffed and how remote oversight would be provided to determine the degree to which the approach is likely to result in a safe, efficient, and successful performance.

The Government will evaluate Scenario #2 based on the offerors approach on how the procurement, and logistics of the CNSS would be supported, to determine the degree to which the approach is likely to result in an efficient and successful performance.

(4) TAB 4 - Criterion 4: Technical Approach to Africa I Task Order

The Government will evaluate and assess the extent to which the Offeror's Technical Approach to the Africa I Task Order demonstrates the Offeror's understanding of the requirements of the Africa I and XXX Group 1 Statements of Work, Work Authorization and requirements, including any technical risks and associated strategies for minimizing or avoiding such risks. Inconsistencies between the proposed technical approach, including the Staffing Plan Summary, the Work Breakdown Summary, and the Cost Proposal may adversely impact the Offeror's rating for this Criterion.

M.3 RATING DEFINITIONS – Criterion 1, 2, 3, and 4

The following adjectival rating definitions apply to Evaluation Criteria 1, 2, 3 and 4 and will provide the substantive background for the consensus ratings (defined below) assigned to each Evaluation Criteria:

Significant Strength - An attribute in the proposal that appreciably increases the potential of successful contract performance.

Strength - An attribute in the proposal that increases the potential of successful contract performance.

Significant Weakness - A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Weakness - A flaw in the proposal that increases the risk of unsuccessful contract performance.

Deficiency - A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

CONSENSUS RATING DEFINITIONS

The following adjectival rating definitions apply to Evaluation Criteria 1, 2, 3 and 4 and will provide the consensus ratings assigned to each Evaluation Criteria:

Excellent - The Proposal addresses the requirements in an exceptional manner normally evidenced by at least one significant strength or a combination of strengths and no weaknesses and a very high probability of successful contract performance with a low degree of risk.

Good - The Proposal addresses the requirements in a comprehensive manner normally evidenced by strengths that outweigh any weaknesses and a high probability of successful contract performance with a low degree of risk.

Satisfactory - The Proposal addresses the requirements in an acceptable manner normally evidenced by strengths and weaknesses that are generally offsetting and a reasonable probability of successful contract performance with a moderate degree of risk.

Less than Satisfactory - The Proposal addresses the requirements in a less than acceptable manner with weaknesses that outweigh strengths, if any; and a low probability of successful contract performance with a moderate to high degree of risk.

(5) TAB 5 - Criterion 5: - Past Performance

The Government will evaluate and assess the Offeror's relevant past performance from the last three (3) years to determine the degree to which the Offeror's past performance demonstrates the Offeror's ability to successfully perform the CNSSD Statement of Work. The Government shall consider the source and context of the information, any general trends in the information, and the Offeror's responses to any negative past performance information and associated corrective actions. In the event that the Offeror has not had an opportunity to respond to any negative past performance information, the Government shall provide the Offeror such an opportunity and this shall be treated as "clarifications" in accordance with FAR 15.306 (a) (2). If the Offeror does not have a record of relevant past performance, the Offeror will not be evaluated favorably or unfavorably on past performance and will be assigned a neutral rating. The past performance of Key Personnel shall not be evaluated under this criterion.

RATING DEFINITIONS - Criterion 5 only

Exceptional - Performance met contractual requirements and exceeded many to the Customer’s benefit.

The contractual performance of the element or sub-element evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good - Performance met contractual requirements and exceeded some to the Customer’s benefit. The contractual performance of the element or sub-element evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory - Performance met contractual requirements. The contractual performance of the element or sub-element contained some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal - Performance did not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflected a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appeared only marginally effective or were not fully implemented.

Unsatisfactory - Performance did not meet most contractual requirements and recovery was not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appeared or were ineffective.

Neutral - If the offeror lacks a record of relevant past performance history, or for whom past performance information is not available, the offeror will not be evaluated either favorably or unfavorably on past performance.