DRAFT COSMIC Section L and M.pdf

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L & M

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

DRAFT RFP# 80SSC024R0004

Table of Contents Page 2 of 4

Table of Contents

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.I-1. LISTING OF PROVISIONS INCORPORATED BY REFERENCE

L.I-2. COMMUNICATIONS AND REQUESTS FOR INFORMATION

L.I-3. TYPE OF ACQUISITION

L.I-4. REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (FAR 52.215-20) (NOV 2021)

ALTERNATE III (OCT 1997) ALTERNATE IV (OCT 2010)

L.I-5. TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

L.I-6. AVAILABILITY OF DOCUMENTS

L.I-7. PRE-PROPOSAL / PRE-BID CONFERENCE (NFS 1852.215-77) (APR 2015)

L.I-8. SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

L.I-9. AUTHORIZED DEVIATIONS IN PROVISIONS (FAR 52.252-5) (NOV 2020)

L.I-10. OFFER ACCEPTANCE PERIOD

L.I-11. MAJOR SUBCONTRACTOR (Excludes Cost/Price Definition of Major Subcontractor)

L.I-12. PROPOSAL SUBMISSION REQUIRMENTS

L.I-13. PERIOD OF PERFORMANCE

L.I-14. SAFETY AND HEALTH PLAN (NFS 1852.223-73) (JUL 2015)

L.I-15. RESTRICTION ON FUNDING ACTIVITY WITH CHINA (NFS 1852.225-71)

(DEVIATION) (FEB 2012)

L.I-16. GOVERNMENT PROPERTY MANAGEMENT INFORMATION (NFS 1852.245-80)

(JAN 2011)

L.I-17. LIST OF AVAILABLE GOVERNMENT PROPERTY (NFS 1852.245-81) (JAN 2011)

L.I-18. CONTRACT PHASE-IN

L.I-19. SUMMARY OF EXCEPTIONS

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L.I-20. NOTICE OF POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

L.I-21. INNOVATION AND CONTINUOUS IMPROVEMENT

L.I-22. ALL NECESSARY CLAUSE FILL-INS IN SECTIONS I THROUGH K

L.I-23. LIST OF SECTION L-I ATTACHMENTS

L.II-1. INSTRUCTIONS FOR PROPOSAL PREPARATION: INTRODUCTION

L.II-2. GENERAL

L.II-3. ADDITIONAL DOCUMENTATION

L.II-4. PROPOSAL PAGE LIMITATIONS (NFS 1852.215-81) (ARP 2015)

L.II-5. MISSION SUITABILITY (VOLUME I)

L.II-6. PAST PERFORMANCE (VOLUME II)

L.II-7. COST/PRICE (VOLUME III)

ATTACHMENT 1 ELECTRONIC PRICING MODEL (EPM)

WORKBOOKS/TEMPLATES/FORMS

ATTACHMENT 2 COSMIC CBA CLASSIFICATIONS MAPPED TO WAGE

DETERMINATION CLASSIFICATION JOB DESCRIPTIONS

L.II-8. MODEL CONTRACT (VOLUME IV)

L.II-9. CROSS REFERENCE MATRIX

SECTION M – EVALUATION FACTORS FOR AWARD

M.1. LISTING OF PROVISIONS INCORPORATED BY REFERENCE

M.2. PROSPECTIVE CONTRACTOR RESPONSIBILITY

M.3. EVALUATION AND SOURCE SELECTION

M.4. RELATIVE ORDER OF IMPORTANCE OF EVALUATION FACTORS

M.5. MISSION SUITABILITY (VOLUME I)

M.6. PAST PERFORMANCE FACTOR (VOLUME II)

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M.7. COST/PRICE (VOLUME III)

M.8 MODEL CONTRACT (VOLUME IV)

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Section L Page 1 of 55

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.I-1. LISTING OF PROVISIONS INCORPORATED BY REFERENCE

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE, FAR 52.252-1 (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):

www.acquisition.gov www.hq.nasa.gov/office/procurement/regs/NFS.pdf

I. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

PROVISIONS:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL

DEFENSE USE, EMERGENCY PREPAREDNESS, AND

ENERGY USE PROGRAM (DO RATING)

APR 2008

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

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE

ACQUISITIONS

NOV 2021

52.215-16 FACILITIES CAPITAL COST OF MONEY JUNE 2003

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES –

IDENTIFICATION OF SUBCONTRACT EFFORT

OCT 2009

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY

COMPLIANCE EVALUATION

FEB 1999

52.222-46 EVALUATION OF COMPENSATION FOR

PROFESSIONAL EMPLOYEES

FEB 1993

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME MAR 2015

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II. NASA FAR SUPPLEMENTS (48 CFR CHAPTER 18) PROVISIONS:

NUMBER TITLE DATE

1852.227-71 REQUESTS FOR WAIVER OF RIGHTS TO

INVENTIONS

APR 2015

1852.227-84 PATENT RIGHTS CLAUSE APR 2015

1852.233-70 PROTESTS TO NASA DEC 2015

L.I-2. COMMUNICATIONS AND REQUESTS FOR INFORMATION

(a) Any communications in reference to this solicitation shall cite the solicitation number and be directed to the following Government representative:

Name: Sarah Maine Contracting Officer

Phone: (228) 688-1559

E-Mail : Sarah.M.Maine@nasa.gov

(b) Answers in response to the questions and communications received are posted at:

www.SAM.gov

(End of Provision)

L.I-3. TYPE OF ACQUISITION

This Acquisition will be conducted using full and open competition.

(End of Provision)

L.I-4. REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (FAR 52.215-20) (NOV

2021) ALTERNATE III (OCT 1997)

(a) Submit the cost portion of the proposal via the following electronic media: in accordance with the instructions in section L.II-7, Cost/Price.

(End of Provision)

L.I-5. TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

Section L Page 3 of 55

The Government contemplates award of a single Hybrid Cost-Plus-Incentive-Fee (CPIF), Firm- Fixed-Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ), with Options performance-based contract resulting from this solicitation.

All costs associated with the phase-in of this contract are FFP.

(End of Provision)

L.I-6. AVAILABILITY OF DOCUMENTS

(a) An electronic Library has been established in an effort to assist with proposal development. The electronic Library contains historical and other information that may be useful in developing Offeror’s Mission Suitability, Past Performance and Cost/Price Volumes.

The website for the COSMIC electronic Library is:

https://nasagov.box.com/s/ymoyrskb3as482991044z9m6mrn0hris

(b) Please read the instructions and notices on the website closely. A username and password are required to enter the site. Access to the website is limited to one person per company. The instructions for requesting the username and password are contained on the website.

(c) This electronic Library will be updated as documents are identified for posting in an effort to assist with proposal development. All updates to the library will be handled as formal solicitation amendments.

(End of Provision)

L.I-7. PRE-PROPOSAL / PRE-BID CONFERENCE (NFS 1852.215-77) (APR 2015)

(a) A preproposal/pre-bid conference will be held as indicated below:

Date: March 6 & 7, 2024 Time: SSC March 6 @ 9:00 am, MAF March 7 @ 12:30 pm Location: SSC Meeting Space – Building 1200 Auditorium MAF Meeting Space – Building 101 Lobby Other Information, as applicable:

(b) Attendance at the preproposal/pre-bid conference is recommended; however, attendance is neither required nor a prerequisite for proposal/bid submission and will not be considered in the evaluation.

(c) Offerors, individuals, or interested parties who plan to attend the pre-proposal/pre-bid conference must provide the Contracting Officer in writing, at a minimum, full name of the attendee(s), identification of nationality (U.S. or specify other nation

Section L Page 4 of 55 citizenship), Lawful Permanent Resident Numbers in the case of foreign nationals, affiliation and full office address/phone number. Center-specific security requirements for this pre-proposal/pre-bid conference will be given to a company representative prior to the conference or will be identified in this solicitation as follows: G.9 and G.10. Examples of specific identification information which may be required include state driver’s license and social security number. Except for foreign nationals, the identification information must be provided at least three (3) working days in advance of the conference. This information shall be provided at least thirty

(30) working days in NASA Federal Acquisition Regulation Supplement Part 1852 Solicitation Provisions and Contract Clauses 2015 EDITION (Thru PN 23-19) 1852- 23 advance of the conference for foreign nationals due to the longer badging and clearance processing time required. However, the Center reserves the right to determine foreign nationals may not be allowed on the Government site. The Government is not responsible for offerors’ inability to obtain clearance within sufficient time to attend the conference. Due to space limitations, representation of any potential Offeror may not exceed three (3) company representatives/persons per Offeror. Any “lobbying firm or lobbyist” as defined in 2 U.S.C. 1602(9) and (10), or any Offeror represented by a lobbyist under the Lobbying Disclosure Act of 1995 shall be specifically identified.

(d) Visitors on NASA Centers are allowed to possess and use photographic equipment (including camera cell phones) and related materials EXCEPT IN CONTROLLED AREAS. Anyone desiring to use camera equipment during the conference should contact the Contracting Officer to determine if the site(s) to be visited is a controlled area.

(e) The Government will respond to questions regarding this procurement provided such questions have been received at least five (5) working days prior to the conference.

Other questions will be answered at the conference or in writing at a later time. All questions, together with the Government’s response, will be transmitted to all solicitation recipients via the government-wide point of entry (GPE). In addition, conference materials distributed at the preproposal/pre-bid conference will be made available to all potential offerors via the GPE.

(End of provision)

L.I-8. SERVICE OF PROTEST (FAR 52.233-2) (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 acknowledgement of receipt from:

NASA John C. Stennis Space Center ATTN: Sarah Maine, Contracting Officer

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Building 1111, Rm 253, Mail Code DA10, Stennis Space Center, MS 39529-6000

(b) The copy of any protest shall be received in the office designated above within one

(1) day of filing a protest with the GAO.

(End of Provision)

L.I-9. AUTHORIZED DEVIATIONS IN PROVISIONS (FAR 52.252-5) (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 NASA FAR Supplement (48 CFR Chapter_18) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Provision)

L.I-10. OFFER ACCEPTANCE PERIOD

Proposals submitted in response to this solicitation shall remain firm for at least 300 calendar days after the date specified for receipt of proposals by the Government and shall contain a statement to this effect. In addition, the Offeror shall insert “300” into Block 12 of the Standard Form 33, Solicitation, Acceptance, and Award. However, in accordance with FAR Clause 52.215-1, Instructions to Offerors—Competitive Acquisitions, a different (longer) validity period may be proposed.

(End of Provision)

L.I-11. MAJOR SUBCONTRACTOR (Excludes Cost/Price Definition of Major Subcontractor)

For the proposal preparation purposes for Mission Suitability and Past Performance, “major subcontractor” is defined as subcontracts that exceed $45,000,000 over the entire contract performance period, including IDIQ and option periods. For Cost/Price, a major subcontractor is defined at L.II-7.

(End of provision)

L.I-12. PROPOSAL SUBMISSION REQUIRMENTS

Electronic Submission of Proposals – Proposal Marking and Delivery Through NASA’s EFSS Box (OCT 2023)

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(a) The offeror shall submit its proposal via NASA’s Enterprise File Sharing and Sync Box (EFSS Box), a FedRAMP Moderate certified platform. Electronic submissions shall not contain hidden formulas, tables, be locked, be password protected, or contain links to data not included in the electronic copy. All electronic submissions should be searchable and should not contain scanned documents, except those documents that must be provided in their native format (e.g., signature pages, prior award fee letters for past performance, DCAA/DCMA approval letters, as applicable). The offeror shall ensure documents are free from viruses and malware, as documents determined by NASA to contain a virus or malware will not be opened or evaluated.

Subcontractors may submit their required proposal information separately using the instructions in this provision. The offeror shall ensure subcontractor submissions are made no later than the date and time specified for proposal submission and comply with all solicitation instructions.

(b) Prior to the submission of proposal files, offerors interested in submitting a proposal in response to this solicitation should notify Sarah Maine of their intent to submit a proposal at least 48 hours prior to the intended submission date, at the following email address:

sarah.m.maine@nasa.gov . The offeror shall courtesy copy (cc) Beth L. Bradley at beth.l.bradley@nasa.gov on this communication. Offerors, especially those that have not previously submitted a proposal utilizing NASA’s EFSS Box, should coordinate the submission of a test file with Sarah Maine no less than 5 days in advance of the proposal due date specified in the solicitation to allow time to work through any submission issues.

(c) The offeror shall submit all proposal files to: (Contracting Officer insert File Request URL from EFSS Box). The Offeror shall follow instructions regarding proposal submission found at https://www.hq.nasa.gov/office/procurement/other/EFSS-Box-Offeror-Proposal-Submission- Instructions.pdf.

(d) Offerors should electronically submit their proposals not later than 1:00 p.m. Central time zone (CT) one working day prior to the date specified for receipt of proposals, if offerors seek to coordinate with the Contracting Officer regarding the proposal’s receipt. NASA is not required to verify proposal receipt prior to the submission deadline.

(e) Offerors are encouraged to include all individual proposal files within a single .zip file.

Electronic file names shall be limited to letters, numbers, dashes, and single spaces, except for the period that is required before the file extension (e.g., .zip, .pdf), in order to successfully upload and download files from the EFSS Box system. The offeror shall not use special characters “/” or “\” in file names. The offeror shall sequentially number each file and clearly label the contents of the file and include the name of the offeror and subcontractor name (if applicable) in the individual file name. Examples of acceptable individual file names are as follows (not specific to this solicitation):

For Prime Offeror Submissions:

1 - Prime Offeror name - solicitation number-MS Volume.docx 3 - Prime Offeror name - solicitation number - PP Volume.pdf 7 - Prime Offeror name - solicitation number Cost-Price Volume.xlsx

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For Subcontractor Submissions:

1 - Prime Offeror name - Subcontractor Name-solicitation number-MS Volume.docx 3 - Prime Offeror name - Subcontractor Name - solicitation number - PP Volume.pdf 7 - Prime Offeror name - Subcontractor Name - solicitation number Cost-Price

Volume.xlsx

Individual files cannot exceed 150GB per file. Submitted files shall not include password protection. Unless specifically authorized by the solicitation instructions, alternate proposal submissions shall not be submitted.

(e) Immediately after all files have been uploaded and the proposal has been submitted in its entirety, the offeror is requested to notify Sarah Maine at the following email address:

sarah.m.maine@nasa.gov with a listing of all documents by filename that were submitted via EFSS Box. The offeror should courtesy copy (cc) Beth L. Bradley at beth.l.bradley@nasa.gov on this communication. If any problems are experienced with the EFSS Box system (e.g., login, file transfer), please contact Sarah Maine and provide a cc copy to Beth L. Bradley via e-mail as soon as possible.

(f) The offeror is responsible for ensuring its proposal reaches the Government office designated in the solicitation by the date and time specified in the solicitation. The Government is not responsible for any failure attributable to the transmission or receipt of documents. Please note that uploading documents via EFSS Box and the transmission of the files from the offeror to the Government may not be instantaneous. To ensure timely delivery, the offeror is encouraged to submit its proposal at least 24 hours prior to the due date specified in the solicitation. The electronic submission of the proposal shall contain all information required by the solicitation to be determined responsive.

(End of provision)

L.I-13. PERIOD OF PERFORMANCE

For the purpose of preparing proposals, Offerors shall use the following period of performance:

The anticipated award date is NLT November 4, 2024, with an effective date for the Phase-In Period of April 1, 2025.

1) The Phase-In Period of performance is 90 days, from April 1, 2025, to June 30, 2025.

2) The base period of performance for this contract is one-year and three months, from July 1, 2025, to September 30, 2026. There is a one-year option with the possibility of three (3) additional two-year options. The total period of performance (not including t-he 90-day phase-in period) is 8 years and 3 months if the option periods are exercised. The potential option to extend

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China or a Chinese owned company using funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are exempted from the prohibition because they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) This contract may use restricted funding that was appropriated on or after April 25, 2011. The contractor shall not contract with China or Chinese-owned companies for any effort related to this contract except for acquisition of commercial and non-developmental items. If the contractor anticipates making an award to China or Chinese-owned companies, the contractor must contact the contracting officer to determine if funding on this contract can be used for that purpose.

(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.

(End of clause)

L.I-16. GOVERNMENT PROPERTY MANAGEMENT INFORMATION (NFS 1852.245-

80) (JAN 2011)

(a) The Offeror shall identify the industry leading or voluntary consensus standards, and/or the industry leading practices, that it intends to employ for the management of Government property under any contract awarded from this solicitation.

(b) The Offeror shall provide the date of its last Government property control system analysis along with its overall status, a summary of findings and recommendations, the status of any recommended corrective actions, the name of the Government activity that performed the analysis, and the latest available contact information for that activity.

(c) The Offeror shall identify any property it intends to use in performance of this contract from the list of available Government property in the provision at 1852.245–81, List of Available Government Property.

(d) The Offeror shall identify all Government property in its possession, provided under other Government contracts that it intends to use in the performance of this contract. The Offeror shall also identify: The contract that provided the property, the responsible Contracting Officer, the dates during which the property will be available for use (including the first, last, and all intervening months), and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent, the amount of rent that would otherwise be charged in accordance with FAR 52.245–9, Use and Charges (April 2012), and the contact information for the responsible Government Contracting Officer. The Offeror shall provide proof that such use was authorized by the responsible Contracting Officer.

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(e) The Offeror shall disclose cost accounting practices that allow for direct charging of commercially available equipment, when commercially available equipment is to be used in performance of the contract and the equipment is not a deliverable.

(f) The Offeror shall identify, in list form, any equipment that it intends to acquire and directly charge to the Government under this contract. The list shall include a description, manufacturer, model number (when available), quantity required, and estimated unit cost. Equipment approved as part of the award need not be requested under NFS clause 1852.245-70.

(g) The Offeror shall disclose its intention to acquire any parts, supplies, materials or equipment, to fabricate an item of equipment for use under any contract resulting from this solicitation when that item of equipment:

Will be titled to the Government under the provisions of the contract; is not included as a contract deliverable; and the Contractor intends to charge the costs of materials directly to the contract. The disclosure shall identify the end item or system and shall include all descriptive information, identification numbers (when available), quantities required and estimated costs.

(h) Existing Government property was available for review at the following locations, dates, and times: SSC March 6, 2024 & MAF March 7, 2024.

(i) In accordance with Section L.II-3, this documentation will not be evaluated as part of the Mission Suitability Factor.

(End of Provision)

L.I-17. LIST OF AVAILABLE GOVERNMENT PROPERTY (NFS 1852.245-81) (JAN

2011)

(a) The Government will make the following Government property identified in Attachment J-9, Lists 1-3, available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245– 1, Government Property, included in this solicitation. The Offeror shall notify the Government, as part of its proposal, of its intention to use or not use the property.

(b) The Government will make the following Government property identified in Attachment J-9, List 4, available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245– 2, Government Property Installation Operation Services, as included in this solicitation. The Offeror shall notify the Government of its intention to use or not use the property as identified in DRD LS07-2.4, Government Property Management Plan.

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(c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.

(End of provision)

L.I-18. CONTRACT PHASE-IN

(a) The Government requires Phase-In to be priced separately. The Government may utilize a separate contract for Phase-In purposes. Phase-In shall not exceed ninety

(90) calendar days (See Clause F.4, Phase-In and Phase-Out).

(b) Office space will be provided by the Government during the Phase-In period.

During this time, the Contractor shall not be responsible for performance of the effort described in the Performance Work Statement (PWS). It is understood that during Phase-In the predecessor Contractor will be performing the work described in the PWS.

(c) On July 1, 2025, the Contractor shall assume full responsibility for the effort covered by the PWS.

(d) During Phase-In, the Contractor shall participate in meetings with the predecessor Contractor to identify, and discuss problems or areas requiring attention during the Phase-In period

(e) During Phase-In, the Contractor shall perform all activities described in the Contractor’s Phase-In Plan submitted with its proposal; all activities necessary to ensure effective transfer of all effort from the predecessor Contractor; and all activities necessary to ensure readiness to assume full contract performance (including Task Order (TO) activities up to the award step). The following DRDs will be finalized and approved during Phase-In and will become compliance documents as part of the COSMIC contract:

1) The following DRDs are to be submitted with the Offeror’s Proposal and will be evaluated as part of the Mission Suitability Factor unless noted otherwise:

i. Management Plan and Labor Relations Plan (DRD PC04-1.1)

ii. Staffing Plan (DRD PC05-1.1)

iii. OCI Plan (DRD PC06-1.1) (submitted early with the Past Performance Volume) (Not evaluated as part of the Mission Suitability Factor)

iv. Government Property Management Plan (DRD LS07-2.4) (Not evaluated as part of the Mission Suitability Factor)

v. Safety and Health Plan (DRD SA01-3.0) (Not evaluated as part of the Mission Suitability Factor)

vi. Operations and Maintenance Plan (DRD GA01-6.0) (Not evaluated as part of the Mission Suitability Factor)

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2) The following DRDs are to be submitted during Phase-In:

i. Product Life-Cycle Management (PLM) Plan (DRD CM02-4.2)

ii. Personnel Certification and Training Plan (DRD MA04-1.1)

iii. Certification of Insurance Report (DRD PC02-1.1)

iv. Contractor Purchasing Manual (DRD PC16-1.3)

v. Transportation, Moving, Hauling, and Mail Logistics Plan (DRD LS03-

2.8)

vi. Lifting Devices and Equipment Management Plan (DRD LS06-2.1)

vii. Propellants and Pressurants Usage and Forecasting (DRD LS12-2.8)

viii. Strike Plan (DRD PC18-1.1)

ix. Operations and Maintenance Plan (DRD GA01-6.0) (Updated as needed)

(f) The Contractor shall invoice the Government for Phase-In activities only after all phase-in requirements have been completed and at the completion of the period of performance of the Phase-In. The Government’s obligations under this contract will not commence until after the successful completion of the Phase-In.

(g) The Offeror’s Phase-In Plan (refer to Section L.II-5(d)(2)(vi) for details), as approved by the Contracting Officer, will be included in any resulting contract.

(End of Provision)

L.I-19. SUMMARY OF EXCEPTIONS

(a) The Offeror shall include a statement of acceptance of the anticipated contract provisions and proposed contract schedule, or list all specific exceptions to the terms, conditions, and requirements of Sections A through J of this solicitation, to the Representations and Certifications (Section K), or to the information requested in Section L, in the Summary of Exceptions to be submitted with the Model Contract in Volume IV, Model Contract. The Offeror shall fully explain any deviations, exceptions, or conditional assumptions regarding any contractual requirements of this solicitation. The Offeror shall include the reason for the exception or refer to where the reason is addressed in the proposal. Any failure to clearly indicate exceptions to the proposed contract terms and conditions contained in this RFP will be construed as acceptance of them, verbatim.

(b) The Offeror shall include any proposed changes to the RFP terms and conditions with the Summary of Exceptions and discuss the impact of the proposed changes to Volumes I, II, III and IV, as appropriate.

(c) The Offeror is cautioned that exceptions and/or new terms, conditions, or clauses may result in a determination of proposal unacceptability (See NFS 1815.305-70), at NASA’s sole discretion; may preclude award to an Offeror if award is made without discussions or may otherwise affect an Offeror’s competitive standing.

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(End of Provision)

L.I-20. NOTICE OF POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST

(OCI)

(a) Notice. The Contracting Officer has determined that this acquisition may give rise to an Organizational Conflict of Interest (OCI). Accordingly, the attention of prospective Offerors is invited to FAR Subpart 9.5 --Organizational Conflicts of Interest. In accordance with Section L.I-13, Proposal Submission Requirements, an Offeror must submit an Organizational Conflict of Interest (OCI) Plan as part of its proposal (Volume II). The OCI Plan will not be evaluated as part of Mission Suitability. An acceptable OCI Plan (including strategies for mitigating any identified OCIs) is an eligibility requirement for consideration of the Offeror’s proposal and award of the COSMIC contract. As such, the Contracting Officer may communicate with any Offeror at any time during the evaluation process concerning its OCI Plan. This OCI Plan, as approved by the Government, will be included in any resulting contract as a contractual obligation.

(b) The following is a description of potential conflicts identified by the Government and how the Government avoided those conflicts. These conflicts should not require further mitigation on the part of Offerors.

Impaired Objectivity.

1) There is a concern that a successful prime contractor or first tier subcontractor having a financial interest in existing contracts or other work performed at MAF by itself or its affiliates will have a bias that may influence its exercise of subjective judgment in scheduling work under the COSMIC contract. To alleviate this concern, and avoid the potential OCI, the Contractor shall schedule work for all user/tenants in the order it is received. If a request for priority is made, the Contractor will assign priority unless a priority decision is required for work for itself or its affiliate. If a priority decision is required for work for itself or its affiliate, the Contractor shall elevate to the CO and COR for disposition. For the purposes of this requirement, the term “affiliate” shall include, but not be limited to, all members of Joint Ventures and their respective affiliates. Because NASA has defined the procedure for scheduling, the Contractor’s ability to exercise subjective judgment, and thus the Contractor’s ability to provide a preference to itself or an affiliate when scheduling work, is removed. Consequently, the impaired objectivity OCI is avoided.

2) There is a concern that a successful prime contractor or first tier subcontractor having a financial interest in existing contracts or other work performed at MAF by itself or its affiliates will have a bias that may influence its exercise of subjective judgment in performing Safety, Health, and Environmental (SHE)

Section L Page 14 of 55 oversight at MAF under the COSMIC contract (See PWS Section 3.0 and 7.0).

To alleviate this concern, and avoid the potential OCI, the Contractor shall not provide SHE surveillance/oversight for a user or tenant that is the Contractor or its affiliate. Instead, the Contractor shall coordinate with the NASA MAF Office of SM&A, who will provide independent surveillance of the Contractor/affiliate user/tenant. For the purposes of this requirement, the term “affiliate” shall include, but not be limited to, all members of Joint Ventures and their respective affiliates. Because NASA will perform the Safety oversight of said company, the Contractor’s ability to exercise subjective judgment, and thus the Contractor’s ability to provide a preference to itself or an affiliate, is removed. Consequently, the impaired objectivity OCI is avoided.

(c) Description of Potential Conflicts that the Contractor shall address in the OCI Plan.

The nature of these organizational conflicts of interest is:

1) Biased Ground Rules. There is a concern that the successful Offeror, in performing studies, analyses, and specification/requirements under this contract, will have an unfair competitive advantage in future competitions that use or rely on this COSMIC work.

Offerors shall address this potential OCI in the Plan.

Potential types of tasks which could lead to Biased Ground Rules OCI issues may include (but are not limited to):

i. Construction Design, Facility Upgrades/Modifications

ii. The successful Contractor may perform studies and analyses, and develop or assist with requirement definitions.

2) Unequal Access to Information. There is a concern that the Contractor will acquire nonpublic information (including proprietary and/or commercially-sensitive information) in performing the COSMIC that may provide the Contractor with an unfair competitive advantage in later competitions for a Government contract. Offerors shall address this potential OCI in the Plan.

Potential types of tasks which could lead to Unequal Access to Information OCI issues may include (but are not limited to):

i. System Engineering COSMIC Contractor will have detailed exposure to user/tenant requirements.

ii. Design and Analysis

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COSMIC Contractor will have detailed access to user/tenant’s design and analysis data.

iii. Fabrication, Installation, Checkout and Activation COSMIC Contractor will have detailed access to user/tenant’s support and interface design data for test article hardware.

iv. Test COSMIC Contractor will have detailed access to the user/tenant’s performance data and may have limited control over the user/tenant’s test hardware.

v. Disassembly/Disposal COSMIC Contractor will have detailed access to user/tenant’s hardware and may have insight into the actual performance of that hardware.

(d) Responsibility of Offeror.

1) Applying the principles of FAR Subpart 9.5, each Offeror shall assess whether it has an organizational or potential organizational conflict of interest arising from the COSMIC contract. The Offeror (all entities) shall disclose the type of organizational conflicts of interest, and explain the actions or strategies it intends to use to mitigate or resolve any organizational conflicts of interest identified by the Government and from its own assessment. The Offeror shall provide strategy details, and previous examples/experience under contracts with NASA and other agencies. Offerors shall disclose all relevant information regarding any actual or potential conflicts of interest. The Offeror’s OCI Plan shall adhere to DRD PC06-1.1, OCI Plan.

2) If the Offeror’s proposed action to resolve an organizational conflict of interest is not acceptable, the Contracting Officer will notify the Offeror providing the reasons why its proposed resolution is not considered acceptable and will allow the Offeror a reasonable opportunity to respond before making a final decision on the organizational conflict of interest and the Offeror’s eligibility for contract award.

3) The Offeror shall discuss whether it considers the use of clause H.6, NFS clause 1852.209-71, Limitation of Future Contracting, to be necessary to mitigate identified actual or potential OCIs and describe its rationale for the decision to use or not use the clause in the resulting contract to mitigate OCI.

(e) Discretion to determine whether an organizational conflict of interest exists, and whether each organizational conflict of interest has been adequately addressed, rests solely with the Contracting Officer.

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(f) Representation. By submission of its offer, the Offeror represents, to the best of its knowledge and belief, the Offeror has disclosed all relevant information regarding any actual or potential conflicts of interest.

(g) Waiver. The agency reserves the right to waive the requirements of FAR 9.5, in accordance with FAR 9.503.

(h) Resultant Contract.

1) If determined by the Contracting Officer to be necessary to mitigate existing or anticipated conflicts of interest, the resultant contract will include the successful Offeror’s Government-approved OCI Plan; and a clause, the same or substantially similar to Clause H.4, will be included in the resultant contract.

2) If a limitation on future contracting is necessary to address an organizational conflict of interest, the resultant contract will include NFS clause 1852.209-71 entitled “Limitation of Future Contracting.” (See Clause H.6).

(End of Provision)

L.I-21. INNOVATION AND CONTINUOUS IMPROVEMENT

Throughout its proposal, the Offeror is encouraged to identify proposed innovation and continuous improvements that will enhance performance and reduce overall costs of acquired services without increasing risk of unsuccessful Contract performance to the Government. Innovation identifies and implements new ideas and solutions that add, change, or remove contract services and result in additional business value. Innovations originate with ideas that emerge through industry changes or other mechanisms that become applicable and value-adding to NASA. Innovation encompasses both technology and business changes, and may include automation, software, robotics, virtual / augmented reality, and new diagnostic tools. Innovation projects enhance NASA operations, customer satisfaction, business value, and overall value to NASA.

Continuous improvement enhances the efficiency and effectiveness of existing contract services. Continuous improvement opportunities are driven by committed cost reduction from approved initiatives. Examples include new Condition Based Maintenance (CBM) initiatives, new Reliability Centered Maintenance (RCM) initiatives, footprint reduction, energy savings, and process changes. Updates to improvement initiatives that drive additional cost savings are a part of continuous improvement efforts. In light of section L.I-19(c) hereinabove, it is recommended that Offerors discuss innovations and continuous improvement efforts by first affirmatively stating that the PWS herein can be met by the Offeror without adding, changing, or removing contract services. With that assurance (if valid), the Offeror should then identify any proposed innovations and continuous improvement efforts. Each proposed innovation or continuous improvement shall adhere to the following ground rules: PWS requirements shall not change without Contracting Officer approval; both sites (SSC & MAF) shall be operated; and there shall be no use of Enhanced Use Lease agreements or Space Act Agreements (agreements

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INSTRUCTIONS FOR PROPOSAL PREPARATION

L.II-1. INTRODUCTION

(a) A Request for Proposal (RFP) has been issued to secure proposals for providing facility services to NASA and its Resident Agencies and Commercial Tenants at the John C. Stennis Space Center (SSC) and Michoud Assembly Facility (MAF) in accordance with the performance-based requirements set forth herein.

(b) The Government intends to make only one award as a result of this solicitation.

(c) It is NASA’s intent, by providing the instructions set forth below, to solicit information demonstrating the Offeror’s competence to successfully complete the requirements specified in the PWS and to permit a competitive evaluation of the Offeror’s proposal. These instructions are not, however, all-inclusive, and Offerors should therefore include in their proposals any further discussion they believe to be necessary or useful in demonstrating their ability to perform the work within the prescribed page limit identified at Section L.II-4, Proposal Page Limitations.

(d) The contents of this RFP should be carefully reviewed to assure that all requirements for proposal data, detail, and supporting rationale are fully met.

Failure to provide such information may be just cause to exclude that offer from further consideration for selection.

(e) Each Offeror is cautioned to submit its best, most realistic and competitive proposal initially. An Offeror that does not reasonably address the essential requirements of this solicitation or failing to meet the other standards in section 1815.305-70 of the NFS may be considered unacceptable and NASA discontinues evaluation when a proposal is found to be unacceptable. An Offeror that does not submit its best, most realistic and competitive proposal initially could face non-selection in the event the Government makes an award from the initial proposals or could be excluded from the competitive range determination.

(f) The PWS set forth is unclassified and proposals should be submitted accordingly.

Contractor personnel working at SSC or MAF must comply with pertinent FAR, DOD, and NASA security regulations in effect at the time of contract start, including, but not limited to, Personal Identity Verification of Contractor Personnel (FAR Clause 52.204-9) – Refer to Attachment J-7.

(g) Information in the proposal must clearly respond to the requirements of the RFP, must consolidate information under each area discussed, and must be complete within itself. The information requested and the manner of submission is essential to permit a prompt and thorough evaluation. Referencing outside material (e.g., via a link to a website) is prohibited; this prohibition applies to all volumes of proposals submitted under this RFP. No information found at such referenced locations will

Section L Page 19 of 55 be considered in the evaluation of proposals and the selection of a successful Offeror.

L.II-2. GENERAL

(a) Volume Organization

1) The proposal shall be submitted in four (4) volumes. Each volume shall stand-alone, provide complete coverage of the topic, and include responses to each item described in the Instructions for Proposal Preparations.

2) Transmittal Letter: A transmittal letter is to be prepared on the Offeror’s letterhead. It should be brief and be signed by an official authorized to commit the Offeror to the extent proposed and should identify all enclosures being submitted.

3) Cover Pages: The first page of each volume must show the information specified in Provision FAR 52.215-1, Instructions to Offerors – Competitive Acquisition, paragraph (e) of FAR 52.215-1 also provides instructions relating to restriction on disclosure and use of data. The cover page of all volumes shall be marked “Source Selection Information -See FAR 2.101 and 3.104”.

4) Table of Contents: Each volume shall include a Table of Contents for ready reference to the page numbers of each section, figure, table, fold-out, or illustration.

5) RFP Reference Matrix: Each volume shall include a summary matrix cross-referencing RFP requirements including PWS [by paragraph second tier (e.g.,

1.1 Contract Administration)] and proposal responses (by volume, part (if applicable), page, and paragraph) located in the Volume.

6) Sectional Dividers: Each volume shall be divided into sections. Each section shall start on a new page with continuing pagination (e.g., (1) to (10); (11) to (25); etc.) from the previous section.

7) Key Term/Acronyms. Each volume shall include a list of key terms and/or acronyms used in the proposal with their definitions.

(b) Electronic Proposal Instructions

1) All files shall be submitted in Microsoft Office Open XML file format, such as Microsoft Word, Excel, etc. Further, Attachments Cost/Pricing Template shall be submitted in Microsoft Excel, and not in a scanned Microsoft Word or

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Adobe PDF file. For Volume IV, Signed Model Contract the SF 33 and all SF 30s shall be submitted in Adobe PDF. Any other forms with signature required shall be submitted in Adobe PDF. L.II-7 Cost/Price. Electronic copies shall not contain hidden formulas, tables, be locked, be protected, or contain links to data not included in the electronic copy. Text, tables, and graphics shall allow for copy and paste into other applications.

2) Text information shall be 100% searchable. File compression shall not be used.

3) The Offeror shall not embed sound or video files into the proposal files and shall keep embedded graphics as simple as possible.

L.II-3. ADDITIONAL DOCUMENTATION

The Offeror shall submit the following additional required documentation as part of its Model Contract Proposal – Volume IV submission (NOTE: This documentation will not be evaluated as part of the Mission Suitability Factor):

(a) Government Property Management Information: The Offeror shall submit the information required by NFS 1852.245-80, Government Property Management Information and DRD LS07-2.2, Government Property Management Plan. The Government will review this information to determine whether or not the Offeror’s proposed industry leading standards and practices and/or voluntary consensus standards are sufficient to manage property, from planning through disposition, under the circumstances of the contract. The Government will not accept risk under the Government Property clause until any findings from the Government review of the information have been adequately addressed by the Contractor. The successful Offeror shall have an approved Government Property Management Plan prior to the end of Phase-In.

(b) Safety and Health Plan: The Offeror shall submit the information required by NFS

1852.223-73, Safety and Health Plan, and DRD SA01-3.0, Safety and Health Plan.

Although the Safety and Health Plan will not be evaluated under the Mission Suitability factor, the Government will review the submitted information to verify the Offeror’s compliance with the applicable safety and health requirements. The successful Offeror shall have an approved Safety and Health Plan prior to end of Phase-In.

(c) Organizational Conflict of Interest (OCI) Plan: The Offeror shall submit the information required by Provision L.I-20 and DRD PC06-1.1.

(d) Use of AbilityOne Program: Consistent with the Government’s commitment to provide employment opportunities for those with disabilities, the government encourages the prime contractor to utilize AbilityOne during the performance of

Section L Page 21 of 55 work under COSMIC. Services are provided by AbilityOne nonprofit agencies (NPAs) that employ people who are blind or have significant disabilities and are affiliated with the SourceAmerica or the National Industries for the Blind (NIB), central nonprofit agencies under the AbilityOne Program (www.abilityone.gov).

The contractor may communicate with SourceAmerica/NIB to identify qualified nonprofit agencies and use subcontracting opportunities for the COSMIC with qualified AbilityOne nonprofit agencies. To assist contractors in finding qualified AbilityOne nonprofits, contact: primecontractor@abilityone.org.

If the use of AbilityOne is proposed, the contractor shall describe its proposed use of this program, including a description of how the offeror will effectively utilize AbilityOne contractors. Utilizing AbilityOne as a subcontractor is highly encouraged, where appropriate. While the use of AbilityOne is encouraged, it is not mandatory and will not be considered as a positive or a negative evaluation factor.

Inclusion or Exclusion will both be evaluated equally as “neutral”.

(End of provision)

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(b) A page is defined as one side of a sheet, 8 1/2" x 11", with at least one-inch margins on all sides, using not smaller than 12-point type. Foldouts count as an equivalent number of 8 1/2" x 11" pages. The metric standard format most closely approximating the described standard 8 1/2" x 11" size may also be used. Other limitations/instructions identified as follows: Font shall be Time New Roman (excluding the Power Point oral presentation slides). Anything in excess of the page limits in TABLE L.II-4, Table 1, will not be considered. The evaluation team reserves the right to convert any non-approved font style/size into the correct font style/size, which may result in proposals exceeding the page limitations, and therefore pages being eliminated from a proposal, with no notice to the proposer.

(c) Identify any exclusions to the page limits that are excluded from the page counts specified in paragraph (a) of this provision (e.g. title pages, table of contents) as follows: Volume II – Past Performance, exceptions to page count include OSHA Form 300 and 300A & Past Performance Questionnaire. In addition, the Cost section of your proposal is not page limited. However, this section is to be strictly limited to cost and price information. Information that can be construed as belonging in one of the other sections of the proposal will be so construed and counted against that section's page limitation.

(d) If final revisions are requested, separate page limitations will be specified in the

Government's request for that submission.

(e) Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the offeror.

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Section L Page 25 of 55 services without increasing risk of unsuccessful contract performance to the Government.

i. TECH 1 – Understanding Requirements and Technical Approach:

a) The Offeror shall present its proposed approach and commitment for each PWS section at the 2nd tier level (e.g. 2.3 “Disposal Operations”,

3.1 “Safety and Risk Management”, 6.1 “Facility Operations”) to both accomplish technical requirements and drive innovation throughout the execution of this Contract. Offeror’s response shall include, but not be limited to:

2) Approach to infuse innovation into its strategy to accomplish the

PWS requirements while reducing overall costs over the life of the contract.

3) Approach to advance technology use throughout the Contract that results in improved quality, improved efficiencies, and better schedule adherence.

4) Approach to interconnecting Government and Contractor workforce through integrated data systems to aid in workload oversight, insight, and management.

5) Approach to foster a culture that promotes both incremental improvements and innovation, and which challenges existing assumptions and ideas to enhance mission performance.

6) Approach for identifying opportunities for transformation, infusing emerging capabilities, technologies and other…