Amendment FA461324R00020002 SF30.pdf

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DEPARTMENT OF THE AIR FORCE

90TH MISSILE WING (AFGSC)

DETER • MODERNIZE • STRIKE

16 May 2024

MEMORANDUM FOR RECORD

SUBJECT: FA461324R0002 Base Pavements (2024-2029)- Amendment 0002

1. As stated in box 14 and amendment 2 SF 30, the purpose of this amendment is to add the deviation to clause 252.204-7012. The only section that was amended to add this clause was section I- Contract Clauses.

2. When the amendment was created however, the contract writing system added text (example:

[id=1064998, AwardId=, MiscellaneousText=, CSIDivision=, CSISection=, Section=I, FormattedMiscellaneousText=) to sections C, F, G, H, I, L and M, making it appear that all of those sections were edited. Unfortunately, this is a system error that is currently being addressed with no current solution. Contractors should review all amendments for changes, but this memo is to notify all offerors that the change ONLY occurred in section I.

3. If you have any questions, please contact the undersigned at 307-773-3017or by email at andrea.mccurry@us.af.mil.

ANDREA MCCURRY

Contract Administrator

2024-05-16T11:33:07-0600

MCCURRY.ANDREA.M.1083825517

R

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section C - Description/Specifications/Statement of Work

Miscellaneous text in this section has been modified to:

[id=1064993, AwardId=511654, MiscellaneousText=, CSIDivision=, CSISection=, Section=C, FormattedMiscellaneousText=

This solicitation is to establish an indefinite quantity, indefinite delivery (IDIQ) contract for maintaining base and missile field roads and pavements.

We intend to award an IDIQ with one base year and four option years, running from 27 June 24- 26 June 29. This acquisition is being issued as a a full and open requirement, under NAICS 237310, size standard of $45M.

All amendments to this solicitation (if any) must be acknowledged.

An organized site visit is available upon request. Any and all contractors interested in a site visit, MUST request one, in writing, no later than 2 May 2024, 1000am Mountain Time. An amendment will be issued with site visit date and time should one be requested. We will not offer individual site visits. Should a site visit take place, you must have a valid drivers license/identification card, valid registration for any vehicle you will be operating, and proof of insurance. Sponsorship information will be provided in the amendment.

All questions are due no later than 8 May 2024, 10am Mountain Time.

Please review all parts of this solicitation along with all attachments; direct specific attention is directed to Section L for Proposal Preparation and Section M for Evaluation Factors for Award.

See section J- Lists of Attachments for this solicitation.

All individual project specifications/statements of work and drawings for individual task orders will be included at the time orders are solicited.

Section F - Deliveries or Performance

[id=1064991, AwardId=511654, MiscellaneousText=, CSIDivision=, CSISection=, Section=F, Off Ramping Procedures

While it is the Government's intent to maintain a strategic relationship with IDIQ contractors for the duration of the Base Pavements contract, the Government may, at its sole discretion, choose to off-ramp an IDIQ awardee at any time during the term of the Base Pavements IDIQ contract for the following reasons:

1) Remove IDIQ awardees with poor performance (e.g., late performance or being assessed liquidated damages on task orders, overall performance assessment rating of Marginal or Unsatisfactory in the Contractor Performance Assessment Reporting System (CPARS),unresponsiveness to warranty work, failure to provide responsive customer service, unsafe site conditions, etc.).

2) Remove IDIQ awardees who fail to propose on at least 75% of all task order proposal requests, annually from date of contract award.

3) Remove IDIQ awardees who fail to receive at least one task order in the base year and/or option one year. Generally, when this occurs, it is because their price is too high or does not understand the technical requirements of the project.

FA461324R00020002

4) Awardees who fail to provide proof of liability insurance and/or secure required bonding at the task order level.

The Government intends to review annually, at the anniversary date of the contract award, the overall performance of all effective IDIQ contract holders. Following the review, the Government reserves the right to off-ramp contractors during the life of this IDIQ contract by using one (1) of the following approaches:

1) Termination in accordance with FAR Part 49, under urgent circumstances (business closing, loss of bonding, etc.).

2) By not exercising an option in accordance with FAR Part 17.

For effective IDIQ awardees where the Government decides not to exercise the option, the Government will provide a 30- calendar day written notice of its intention to off-ramp. If the Government determines an effective IDIQ awardee will be off-ramped, the effective IDIQ awardee will not be allowed, as of that date, to actively participate in upcoming task order proposal requests. However, the effective IDIQ awardee will be required to complete all task orders awarded prior to the off-ramp determination date.

Section G - Contract Administration Data

[id=1064990, AwardId=511654, MiscellaneousText=, CSIDivision=, CSISection=, Section=G, LIABILITY INSURANCE

In accordance with FAR Clause 52.228-5 and Liability insurance requirements in accordance with FAR 28.307-2, contractors will need to provide the following:

(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. T he require automobile liability written on the comprehensive form of policy. The policy contracting officer shall insurance provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the shall contract. Policies covering automobiles operated in the provide coverage of at least $200,000 per person and $500,000 per United States shall occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies be shall commensurate with any legal requirements of the locality and sufficient to meet normal and customary . claims

*Proof of the above insurances will need to be provided to the government NLT 10 days from award of contract and NLT 10 days from award of each option year. Failure to do so will result in ineligibility of the contractor to submit offers at the task order level until they are current with proof of insurance.

https://www.acquisition.gov/far/28.305#FAR_28_305

Section H - Special Contract Requirements

[id=1064994, AwardId=511654, MiscellaneousText=, CSIDivision=, CSISection=, Section=H, CLAUSE H-01: MANDATORY POST AWARD CONFERENCE

Every IDIQ awardee shall be issued a task order in the amount of $500.00 to attend a post award conference.

CLAUSE H-02: CONTRACT MAXIMUM AND CONTRACT MINIMUM GUARANTEE

(a) The maximum amount of this contract shall not exceed $9,999,999.00, which represents the maximum value of business opportunity available under the Paving IDIQ. The maximum ceiling amount of $9,999,999.00 shall be awarded amongst all Paving IDIQ contract holders based on fair competition.

CLAUSE H-03: ORDERING PERIOD AND PERIOD OF PERFORMANCE

(a) The ordering period for orders shall start on 27 June 2024 and will run for a base plus four (4) option year period, 27 June 2024- 26 June 2029.

(b) Period of performance under this contract shall be cited in individual task orders.

(c) Task orders may be issued at any time during the ordering period. The performance period for each task order will be cited within the order and may not extend beyond the date listed in FAR 52.216-22(d) Indefinite Quantity one (1) year post the last day of the contract's ordering period.

CLAUSE H-04 ORDERING PROCEDURES

Task orders shall be issued on a Firm-Fixed Price (FFP) basis. Task order competition for future requirements is as follows:

1. Task Order Proposal Request (TOPR):

a. The ordering CO will initiate the TOPR process by sending a TOPR letter and attachments (hereafter referred to as the TOPR package) to IDIQ awardees in accordance with (IAW) FAR 16.505, Ordering, as supplemented.

b. The TOPR letter should include, at a minimum, the following information:

i. Date of package

ii. Proposal due date and name/email address of POC, to submit proposal

iii. Location of requirement (building numbers, etc.)

iv. Project Statement of Work

v. Period of performance

vi. Davis Bacon Wage Requirements

vii. Site visit information

viii. Other requirements documents

ix. Bonding requirements

2. TOPR Submission Process:

a. All Contractors are highly encouraged to submit a proposal for every TOPR under this contract. If no proposals or only one proposal is received, the Government, at its discretion, may revalidate the TOPR requirement. The validation process may include exchanges of information with some or all the Contractors to determine whether there are concerns about the TOPR requirement. Should the requirement be validated, the ordering CO may reissue the TOPR package or issue an amendment to the TOPR.

b. The Contractor's task order proposal shall be submitted to the ordering CO on or before the time and date specified in the TOPR letter. Pricing on task order proposals shall be valid for at least 90 calendar days, or longer if specified in the TOPR, after the required submission date. The Contractor's task order proposal shall comply with all TOPR requirements.

3. TOPR Evaluation Process:

a. IAW FAR 16.505(b), ordering Contracting Officers are encouraged to exercise broad discretion in developing evaluation criteria and to streamline the TOPR evaluation process. Proposals will be evaluated using Lowest Price/Compliance with TOPR Requirements evaluation method tailored as appropriate.

b. The following evaluation factors MUST be considered when awarding a task order:

i. Compliance with TOPR Requirements: The ordering activity will review the Contractors proposal for Compliance with TOPR Requirements.

The compliance evaluation will determine if the proposal clearly meets the minimum requirements of the TOPR, including bonding requirements if applicable, or any other requirements identified in the individual TOPR package.

ii. Price: The ordering activity will review the Contractors proposed price using pricing analysis described in FAR 15.404(b).

c. The following evaluation factor MAY be considered when awarding a task order:

i. Past Performance: If evaluated, may reference other sources including but not limited to Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting Systems (CPARS), Past Performance Integrated Reporting System (PPIRS), and System for Award Management (SAM), other DoD installations where the Offeror performed.

4. Notice to Proceed (NTP). All contractors shall physically start work IAW the timeframes established in the task order, normally 10 days after acknowledgment of NTP.

Section I - Contract Clauses

[id=1064998, AwardId=, MiscellaneousText=, CSIDivision=, CSISection=, Section=I, 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013)

Use the following clause in lieu of the clause at DFARS 252.204-7012.

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024) (DEVIATION 2024-O0013)

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

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Attachment Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations", Revision 2 (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis.

Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information.

The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph

(i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall--

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

Additional Information/Notes

The following clauses were deleted:

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

[id=1064989, AwardId=511654, MiscellaneousText=, CSIDivision=, CSISection=, Section=L, Section L - Instructions, Conditions, and Notices to Offerors

1.0 PROGRAM STRUCTURE AND OBJECTIVES

1.1 Budget/Funding Information

An Indefinite Quantity Indefinite Delivery (IDIQ) contract will be awarded in accordance with FAR 16.504. This type of contract is used when the Government cannot predetermine a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period, and it is inadvisable for the Government to commit itself for more than a minimum quantity. Indefinite-quantity contracts are used when a recurring need is anticipated.

2.0 GENERAL INSTRUCTIONS

2.1 The offeror's proposal must include all data and information requested by this Instructions to Offerors (ITO) and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Statement of Work (SOW). Non-conformance with the instructions provided in this ITO may result in an unfavorable proposal evaluation.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but, rather, shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offeror's proposal.

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.

The proposal acceptance period is specified on Standard Form 1442 (SF1442) block 13 of the solicitation. The offeror shall make a clear statement in block 17 of SF1442 that the proposal is valid through this date. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

2.2 General Information

2.2.1 Points of Contract

The Contracting Officer (CO) or the Contract Administrator (CA) will be the points of contact for this acquisition. Address any questions or concerns you have to the CO or CA. Written requests for clarification may be sent to the CO or the CA at the address located on Standard Form 1442 block 7 of the solicitation, or as follows: (CO) Arthur Makekau, arthur.makekau@us.af.mil or (CA) Andrea McCurry, andrea.mccurry@us.af.mil.

2.2.2 Debriefings

The CO will promptly notify offerors of any decision to exclude them from the competitive range; where upon, they may request and receive a debriefing in accordance with FAR 15.505. Offerors excluded from the competitive range may request a pre-award debriefing or they may choose to wait until after the source selection decision to request a post-award debriefing. However, offerors excluded from the competitive range are entitled to no more than one debriefing for each proposal. The CO will notify unsuccessful offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

2.2.3 Discrepancies

If an offeror believes that the requirement in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale as well as the remedies the offeror is asking the CO to consider as related to the omission or error.

The offerors are reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

2.2.4 Electronic Reference Documents

All referenced documents for this solicitation are available on the SAM.GOV website at https://www.sam.gov/. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

2.2.5 Communications Exchanges

Communications exchanges of source selection information between Government and offerors will be controlled by the CO and CA. Email will be used to transmit information only if the email can be sent encrypted and must include "Source Selection Information - See FAR 2.101 & 3.104" in the subject line of the email. If documents exceed allowable size for network emails or to ensure delivery, please use DoD Safe, safe.apps.mil, to send proposal documents. To request a link to provide documents, email the CA.

2.3 Proposals Submission Options

The offeror shall prepare the proposal as set forth in the Proposal Organization Table (Table 2.2 below). The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits as specified in Table 2.2. The contents of each proposal volume are described in the ITO paragraph as noted in the table below:

Table 2.2- Proposal Organization

Volume ITO Paragraph Volume Title Page Limit

I 3.0 Executive Summary 2

II 4.0 Technical 10

III 5.0 Past Performance 3 Pages Per Project

IV 6.0 Price 10

V 7.0 Contract Documentation See Para 7.0

2.3.1 Page Limitations

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and excess paper copies will be destroyed or returned to the offeror (if requested) as soon as practicable. Page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors. Each page shall be counted except the following: Cover pages, tables of contents, tabs, glossaries, resumes and completed 3052.

2.3.1.1 Page Size and Format

Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be Times New Roman font and 11-point in size. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use 1-inch margins on the top and bottom and 3/4-inch side margins. Pages shall be numbered sequentially by volume. These page size and format restrictions shall apply to responses to ENs. These limitations shall apply to all proposals.

Legible tables, charts, graphs, and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the volume, and count as a single page. Foldout pages may only be used for large tables, charts, graphs, diagrams, and schematics not for pages of text.

For tables, charts, graphs and figures, the text shall be 8 point. These limitations shall apply to all proposals.

2.3.1.2 Pricing

Pricing for the purpose of this solicitation is discussed further in para 6 of this section.

2.3.1.3 Cross-Referencing

To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal.

2.3.1.4 Indexing

Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections. Table of contents do not count against the page limitations for their respective volumes.

2.3.1.5 Glossary of Abbreviations and Acronyms

Each volume shall contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

2.3.1.6 Proposal Submission (Email)

Proposals are to be submitted via email, one email will be sent containing all required documents. Each volume, identified in Table 2.2 above, shall be in its own file, labelled accordingly. Email size is limited to 5MB. If email is expected to be over 5MB, contact the CO/CA. Contractors are encouraged to use DoD Safe, safe.apps.mil, to send all documents as size restrictions are less limited. Please "request a drop off" from the CA prior to proposal due date to ensure timeliness of submission. Link is good for seven (7) days once provided.

3.0. VOLUME I- EXECUTIVE SUMMARY

In the executive summary volume, the offeror shall provide the following information:

3.1 Narrative Summary

The narrative summary of the entire proposal should be concise, to include addressing the significant risks, and highlighting any key or unique features, excluding price. The salient features should tie in with Section M evaluation factors/subfactors. Any summary material presented here shall not be considered as meeting the requirements for any portions of other volumes of the proposal.

3.2 Table of Contents

Include a master table of contents of the entire proposal.

4.0 VOLUME II- TECHNICAL

4.1 General

The Technical Volume should be specific and complete. Legibility, clarity, and coherence are very important. Your responses will be evaluated against the Technical subfactors defined in Section M, Evaluation Factors for Award. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying these subfactors. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

4.2 Format and Specific Content

4.2.1 Technical

In the technical volume, address your technical solution for meeting the Government's minimum performance and/or capability requirement for the following technical subfactors.

4.2.2 Volume Organization

The Technical volume shall be organized according to the following general outline:

-Table of Contents -List of Table and Drawings -Glossary -Subfactor 1 -Subfactor 2 -Subfactor 3

4.2.2.1 Subfactor 1: Organizational Structure and Subcontractor Management

Description: This subfactor evaluates the offeror's organizational chart identifying key personnel with a description of their work experience.

Additionally, the offeror shall provide a document describing the organization's program and subcontractor management policies, procedures, and processes.

a. Key Personnel: Each individual's name, title, duty, years of experience, key qualifications, and experience level relating to similar paving project in size and scope (Size and Scope as defined as: magnitude as stated in block 10 and projects identified in the technical evaluation factors.), minimum 2 years of pavement construction experience (All key personnel shall be employed by the prime contractor and utilized on potential projects issued under this IDIQ). At a minimum, the Offeror shall provide information for the following disciplines IAW Specs section 101.22, 101.37, and 107.6:

1) Project Manager

2) Project/Site Superintendent

3) Contractor Quality Control (CQC) Manager

4) Safety Officer

5) On-Site Quality Control Manage

b. Additionally, the offeror shall provide a description of the organizations program management procedures to include:

1) A planning methodology on how they will manage all personnel, subcontractors, material, and equipment required to complete work outlined IAW Specs section 101.22, 101.37, 105, 106, and 107.6. This also includes handling time delays at the gate which can be up to 15 minutes to ensure that the material arrives in acceptable condition.

2) An organizational chart or diagram identifying key personnel to include a general description of communication channels within the company and with the government.

3) A list of daily maximum production values of Hot Plant Mix, Performance Grade Asphalt Binder (PGAB) and Portland Cement Concrete (PCC) availability per day.

4.2.2.2 Subfactor 2: Project Management

Description: The offeror shall provide a critical path plan IAW Specs 101.10.3 for working on three separate task orders during the same timeframe.

Base the individual critical path plans on the below project criteria. The equipment, material, and manpower shall support the critical path plans (Assuming all projects are to start 1 May 2024).

a. A list of daily maximum production values of Hot Plant Mix, Performance Grade Asphalt Binder, and Portland Cement Concrete availability per day, that shows it can produce or acquire 250 tons of asphalt hot plant mix in a day.

b. Project 1: Repair 1 mile of roadway by means of milling (2 inches) and asphalt paving (2 inches). Includes the replacement of 200 feet of header curb (6 inches), and 1 mile of striping (4 inches). 60 Day PoP.

c. Project 2: Replacement of 200 ft of 6-inch HDPE water line, placement of 500 SY of concrete pavement at 6 inches. Includes dirt work to achieve grade, and placement and compaction of 500 SY of base course material (6 inches). 120 Day PoP.

d. Project 3: Work on 6 parking lots with the following conditions. 40 SY in each lot of pavement milling (2 inches), tack coat application and asphalt leveling course of 2 inches. Apply 3230 SY of fog seal divided equally over the 6 lots and apply 300 feet of striping (4 inches) to each lot. Site distance is 96 miles from F.E. Warren AFB. 120 Day PoP.

4.2.2.3 Subfactor 3: Performance and Payment Bonding Capacity

The offeror shall provide bonding capacity documentation from an approved bonding surety (See FAR 28.202) that meets the single task order amount of $2.5M or a combination of task orders totaling $5M. The document must include the surety company's name, address, phone number, and points of contact.

5.0 VOLUME III- PAST PERFORMANCE

5.1 General

Each offeror shall submit a past performance volume containing the prime contractor's past performance information and all other data in accordance with sections 5.2, 5.3 and 5.4. The Prime Contractor shall submit a maximum of three (3) projects performed within the past three (3) years. Only ongoing projects and projects that have been performed during the past three (3) years from the date of issuance of this solicitation will be evaluated.

Offerors are cautioned that the Government will use data provided by each offeror in this volume and data obtained from other sources in the evaluation of past performance. Only the prime contractor's past performance information will be evaluated. In addition to the requested information in 5.2, CPARS evaluations will be assessed for the prime contractor's performance ratings for the prior two (2) years from the date of issuance of this

5.2 Relevant Contracts

Submit information in accordance with this section on three (3) recent contracts that you consider most relevant in demonstrating your ability to perform the proposed effort. Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed service for relevant past efforts/contracts within the past three (3) years. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

Furnish the following information for each contract listed:

-Company/Division name -Product/Service -Contracting Agency/Customer -Contract Number -Contract Dollar Value -Period of Performance -Verified, up-to-date name, address, FAX & telephone number of the Contracting Officer -Comments regarding compliance with contract terms and conditions -Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions

5.3 Specific Content

Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort and to what aspects of the proposed effort they relate. This may include a discussion of efforts accomplished by the Offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Merely having problems does not automatically equate to an unacceptable past performance evaluation rating, since the problems encountered may have been on a more complex program, or an offeror may have subsequently demonstrated the ability to overcome the problems encountered. The offeror is required to clearly demonstrate management actions employed in overcoming problems and the effects of those actions in terms of improvements achieved or problems rectified. For example, submittal of quality performance indicators or other management indicators that clearly support that an offeror has overcome past problems is required. Categorize the relevant information into the specific Technical subfactors and Price factor used to evaluate the proposal.

5.4 Organizational Structure

Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this proposal volume a "roadmap" describing all such changes in the organization of your company. A pamphlet or other commercial document describing such reorganizations may suffice. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation/performance confidence assessment.