UnrestrictedSectionL3.0_(DRFP_2.0).docx

IV: REPRESENTATIONS AND INSTRUCTIONS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

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

This solicitation incorporates one or more FAR provisions by reference, with the same force and effect as if they were given in full text. Upon request, the HCaTS CO will make their full text available. 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 proposal. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/.

L.2 FAR CLAUSES IN FULL TEXT

L.2.1 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUNE 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

(End of provision)

NOTE #1: If an Offeror does not include facilities capital cost of money in their proposal, FAR 52.215-17 will be incorporated into the contract.

NOTE #2: The Offeror shall identify if they have included facilities capital cost of money in Attachment J.7 (Cost/Price Worksheet).

L.2.2 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA ALTERNATE III (OCT 1997) & ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below:

Attachment J.3 (Modified Preaward Survey {SF 1408})

(c) Submit the cost portion of the proposal via the following electronic media: electronic spreadsheet format (see Attachment J.7 {Cost/Price Worksheet})

(End of provision)

L.2.3 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates awarding separate Government-Wide, Multiple Award, Indefinite Delivery, Indefinite Quantity (MA-IDIQ) task order contracts resulting from this solicitation.

(End of provision)

L.2.4 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

HCaTS spans eight NAICS Codes. NAICS Codes are grouped into two separate size standards ($11M and $15M) and are referred to as “Pools”. There are two Pools under the HCaTS solicitation and multiple contracts will be awarded under each Pool as separate Government-Wide MA-IDIQ task order contracts

Multiple awards shall be made in each of the two Pools. In the event of a tie at the 40th position, all tied Offerors will receive an award.

Because this solicitation covers two unique Pools, each Pool has a predominant NAICS Code specified below.

1. Pool 1

Predominant NAICS Code: 611430

Size Standard: $11M

Maximum Number of Multiple Awards: 40

2. Pool 2

Predominant NAICS Code: 541612

Size Standard: $15M

Maximum Number of Multiple Awards: 40

(End of Provision)

L.2.5 52.216-28 MULTIPLE AWARDS FOR ADVISORY AND ASSISTANCE SERVICES (OCT 1995)

The Government intends to award multiple contracts for the same or similar advisory and assistance services in accordance with Section L.5.2.

(End of provision)

L.2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

General Services Administration Federal Acquisition Service Bjorn Miller, HCaTS Contracting Officer 26 Federal Plaza, Room 21-110 New York, NY 10278

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

(End of provision)

L.2.7 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

(End of provision)

L.3 PROPOSAL SUBMISSION INSTRUCTIONS

The following instructions are for the preparation and submission of proposals. The purpose of this section is to establish requirements for the format and content of proposals so that proposals contain all essential information and can be evaluated equitably.

Offerors are instructed to read the entire solicitation document, including all attachments in Section J, prior to submitting questions and/or preparing a proposal. Omission of any information from the proposal submission requirements may result in rejection of the proposal.

A total of two MA-IDIQ Pools will result from this solicitation (see Section L.2.4). Offerors may compete for more than one Pool; however, the Offeror shall only submit one proposal. If an Offeror modifies its proposal prior to the solicitation’s closing date, the Government shall evaluate the last submitted timely proposal in the event that multiple proposals were submitted by the Offeror. When an Offeror is sharing resources from other entities by way of a Meaningful Relationship within a Corporate Structure, only one proposal from that Corporate Structure shall be submitted (see Section L.5.1.7).

All information within the page limitations of the proposal is subject to evaluation. The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this solicitation.

Offerors are prohibited from modifying, in any way, shape or form, any documents, printed or electronic, associated with this solicitation and any amendment(s) thereto unless specifically authorized to do so. The electronic solicitation documents, as posted on http://www.fbo.gov, shall be the official documents for this solicitation. Offerors shall adhere to the volume numbers and titles, format and/or templates, file naming convention, and page limitations (if any) provided in the Proposal Format Table in Section L.4.1. If page limitations are exceeded where expressed, the excess pages shall not be evaluated.

The Government will not reimburse Offerors for any cost incurred for the preparation and submission of a proposal in response to this solicitation.

All proposal information is subject to verification and validation by the Government. Falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

NOTE: This solicitation instructs Offerors to provide supporting documentation for practically all minimum requirements and scored evaluation criteria. Unless specifically prohibited, Offerors may provide whatever official, verifiable documentation is necessary to validate any minimum requirements or scored evaluation criteria being claimed.

L.3.1 OFFICIAL LEGAL ENTITY

All the evaluation criteria an Offeror is submitting a proposal for and taking credit for in accordance with Section L.5.2, shall be in the Offeror’s name as submitted in Block 15A on the Standard Form (SF) 33 Solicitation, Offer and Award, with a corresponding CAGE Code and DUNS Number in the System for Award Management at http://www.sam.gov that matches the Offeror name on the SF 33, Block 15A (see Section L.5.1.1).

The only exception to the above paragraph is if the Offeror is claiming an evaluation criteria from a qualifying Meaningful Relationship under a Corporate Structure in accordance with the instructions in Section L.5.1.7.

L.3.2 MERGERS, ACQUISITIONS, NOVATIONS, AND CHANGE-OF-NAME AGREEMENTS

By the closing date of this solicitation, if a company has acquired another company, the transferor and transferee company may claim credit for the same Relevant Experience Projects under Section L.5.2, the minimum requirements for Relevant Experience Projects under Section L.5.2.2, the additional points for Relevant Experience Projects under Section L.5.2, and the past performance for Relevant Experience Projects under Section L.5.3, under the following condition:

1. In the event of a Government-approved novation of a U.S. Federal contract from one Contractor to another, the transferor Contractor may claim credit for the above mentioned Relevant Experience Projects from that contract up to the date that the Government approves the novation (the “Approval Date”), while the transferee Contractor may claim credit for the above mentioned Relevant Experience Projects from that contract from and after the approval date of the novation.

For example, Company XYZ performed a Relevant Experience Project under their Subsidiary, ABC Inc. under Contract Number 12345. Company XYZ sells ABC Inc. to BLANCO Company and Contract Number 12345 is officially novated to BLANCO Company by a Contracting Officer on May 1, 2011. Company XYZ (and only Company XYZ) may claim credit for the Relevant Experience Project under Contract Number 12345 from the date of award through April 30, 2011, and BLANCO Company (and only BLANCO company) can claim credit for the Relevant Experience Project under Contract Number 12345 from and after May 1, 2011.

L.3.3 INVERTED DOMESTIC CORPORATIONS

Inverted Domestic Corporations are not eligible for award under this solicitation.

“Inverted Domestic Corporation”, as defined in FAR 52.209-10, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary”, as defined in FAR 52.209-10, means an entity in which more than 50 percent of the entity is owned directly by a parent corporation; or, through another subsidiary of a parent corporation.

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

L.3.4 PROPOSAL DUE DATE AND ADDRESS LOCATION

Proposals are due no later than Monday, July 20th, 2015 at 5:00:00pm EDT

Proposals shall be mailed to:

Jacob K. Javits Federal Building General Services Administration Federal Acquisition Service HCaTS Program Office Attn: Bjorn Miller, Gail Schneider or Nasim Lashaninejad 26 Federal Plaza Room 21-110 New York, NY 10278

A proposal is considered late if it is not received and accepted by the Government by Monday, July 20th, 2015 at 5:00:00pm EDT. All proposals shall be mailed with proof of delivery to establish the time of receipt at the Government installation. All late proposals shall not be considered or returned. In addition to submitting a timely proposal, the Offeror shall submit an email no later than Monday, July 20th, 2015 at 5:00:00pm EDT to hcatsconfirmation@gsa.gov, notifying the Government that it submitted its proposal and the tracking number. If password protecting folders and/or files, the Offeror shall only use one password and include it in the email. The Offeror shall include the company name and solicitation number in the subject line of the email.

L.3.5 SOLICITATION QUESTIONS

The HCaTS CO is the sole point of contact for all questions under this solicitation. Offerors shall address all questions via email to the HCaTS CO at hcats@gsa.gov. The Offeror shall include the company name and solicitation number in the subject line of the email. The question(s) shall include the page number, section number, and paragraph number that pertains to the Offeror‘s question(s).

Questions not submitted via hcats@gsa.gov will not be answered. Questions can be emailed any time after the solicitation is posted at http://www.fbo.gov; however, all questions shall be received via email at hcats@gsa.gov no later than <DATE> by 5:00:00pm EDT.

Questions will be answered under an amendment to the solicitation posted at http://www.fbo.gov prior to the solicitation closing date. Questions received after 5:00:00pm EDT on <DATE> will only be answered at the discretion of the HCaTS CO by amendment to the solicitation posted at http://www.fbo.gov prior to the solicitation closing date.

Acknowledgement of receipt of questions will not be made. Please thoroughly review the entire solicitation, including all the attachments in Section J, prior to submitting questions.

L.4 PROPOSAL FORMAT

The Offeror’s proposal shall be formatted into five separate folders by volume number and title as follows:

Offerors shall submit two copies of their proposal on two separate DVD+R disks. Offerors shall include all five folders and proposal documents onto a single DVD+R disk (see Proposal Format Table in Section L.4.1). Nothing shall be included on the DVD+R disk except the proposal files in accordance with the instructions in Section L.5. The DVD+R disk shall be labeled with the Solicitation Number, Company Name and DUNS Number.

No paper version of your proposal shall be submitted.

It is the sole responsibility of the Offeror to ensure that the files and folders submitted are virus free and can be opened and read by the Government. Proposal submissions may be password protected with one password, but otherwise contain no barriers to opening.

All proposal documents shall be in readable pdf format except as identified below. All Microsoft Office (MS) Word and Excel documents shall be submitted in a format readable by MS Word 2010 and MS Excel 2010 format. All documents requiring a signature shall be clearly readable and legible.

L.4.1 PROPOSAL FORMAT TABLE

The following Proposal Format Table is to assist Offerors in organizing their proposal submission documents to ensure the Government can easily identify which documents apply to which evaluation criteria for evaluation purposes. Offerors shall adhere to the volume numbers, format and/or templates, and page limitations (if any) provided in the Proposal Format Table. Offerors shall include their company name or company name abbreviation and volume number in the filename. For example, ABC Incorporated filename for Volume 1, SF 33 is ABC.VOL.SF33.pdf. Offerors may make minor adjustments to the file naming convention so long as the resulting file names and organization are clearly understood.

ABC.VOL1.SD1.pdf (Volume 1, SF 1408 Support Documentation 1)

ABC.VOL1.SD2.pdf (Volume 1, SF 1408 Support Documentation 2)

ABC.VOL1.MRCL1A.pdf ABC.VOL1.MRCL1B.pdf

ABC.VOL1.MRCL2.pdf ABC.VOL1.MRCL2A.pdf ABC.VOL1.MRCL2B.pdf

ABC.VOL1.MRCL3.pdf ABC.VOL1.MRCL3A.pdf ABC.VOL1.MRCL3B.pdf

Where the file names with letters are the supporting documents to the MRCL of the same number. Assign each supporting document a distinct letter.

ABC.VOL1.527X.pdf

ABC.VOL1.DOCUMENTNA

MEX.pdf

Where “DOCUMENTNAME” refers to the Financial Statement name and “X” refers to the year number (most recent being 1 and the oldest being 3)

ABC.VOL1.KEYLETTER2.pdf

Where “1” refers to Contractor Key Personnel 1 and “2” refers to Contractor Key Personnel 2 as designated in Attachment J.4(Pool Application and Certification

Where “X” is the Relevant Experience Project Number that corresponds with the project number in the Self Scoring Sheet (J.5.1 and J.5.2) and “Y” is the Pool number.

Where “X” is the Relevant Experience Project Number that corresponds with the project number in the Self Scoring Sheet (J.5.1 and J.5.2) and “Y” is the Pool Number

Where “X” is the Relevant Experience Project Number that corresponds with the project number in the Self Scoring Sheet (J.5.1 and J.5.2) and “Y” is the Pool number.

NOTE: “DOCUMENTNAME” shall be replaced with the supporting document’s name; make sure each supporting document has a unique name.

ABC.VOL3.PPIRSXPY.pdf

Where “X” is the Relevant Experience Project Number that corresponds with the project number in the Self Scoring Sheet (J.5.1 and J.5.2) and “Y” is the Pool number.

ABC.VOL3.J6XPY.pdf

Where “X” is the Relevant Experience Project Number that corresponds with the project number in the Self Scoring Sheet (J.5.1 and J.5.2) and “Y” is the Pool number.

ABC.VOL3.ISRXPY.pdf

ABC.VOL3.SSRXPY.pdf

ABC.VOL3.SF294XPY.pdf

ABC.VOL3.SF295XPY.pdf

Where “X” is the Relevant Experience Project Number that corresponds with the project number in the Self Scoring Sheet (J.5.1 and J.5.2) and “Y” is the Pool number.

ABC.VOL4.FPRR.pdf

ABC.VOL4.BILLING.pdf

ABC.VOL5.J7.xls Addendum to Cost/Price Worksheet (if applicable)

ABC.VOL5.ADD.pdf.

L.4.2 NON-GOVERNMENT SUPPORT

Contractor support services may be used to assist the Government in the evaluation of an Offeror’s proposal. Contractors, if used, will be authorized access only to those portions of the proposal data and discussions that are necessary to enable them to provide advice on specialized matters or on particular problems. Any restrictive notice shall not preclude disclosure to support contractors.

L.5 PROPOSAL CONTENT

Except for allowances provided in Section L.5.1.7, all Relevant Experience Projects and past performance submitted in response to this solicitation shall have been performed as a Prime Contractor or a First-Tier Subcontractor under a Federal government or Non-Federal government contract,task order or purchase order.

“Prime Contractor” means the Contractor has privity-of-contract with a Federal government or Non-Federal government entity for all contractual obligations under a mutually binding legal relationship with the Federal government or Non-Federal government entity. In other words, when the Federal government or Non-Federal government entity awards a contract,task order or purchase order to a Contractor, the Contractor is considered the Prime Contractor.

For example, Prime Contractors awarded a contract from the Federal government are identified as such on the cover page of the following forms:

1. SF 1449 – Solicitation/Contract/Order for Commercial Items – (Block 2 identifies the Contract Number, Block 3 identifies the Award/Effective Date, Block 9 identifies the U.S. Federal Government Agency, Block 17a identifies the Prime Contractor, and Block 31c identifies the Contracting Officer signed)

2. SF 33 – Solicitation, Offer, and Award – (Block 2 identifies the Contract Number, Block 7 identifies the U.S. Federal Government Agency, Block 15A identifies the Prime Contractor, and Block 28 identifies the date the Contracting Officer signed)

3. SF 26 – Award/Contract – (Block 2 identifies the Contract Number, Block 3 identifies the Effective Date, Block 5 identifies the U.S. Federal Government Agency, Block 7 identifies the Prime Contractor, and Block 20C identifies the date the Contracting Officer signed)

4. Optional Form 307 – Contract Award (Block 1 identifies the Contract Number, Block 2 identifies the Effective Date, Block 5 identifies the U.S. Federal Government Agency, Block 7 identifies the Prime Contractor, and Block 15C identifies the date the Contracting Officer signed)

5. Other Official Government Award Form from a Cognizant Federal Office not identified above (must explicitly identify the Multiple Award Contract No., Contractor, U.S. Federal Government Agency, and the date the Contracting Officer awarded/signed)

For example, Prime Contractors awarded a task order or purchase order from the Federal government are identified as such on the cover page of the following forms:

1. SF 1449 – Solicitation/Contract/Order for Commercial Items – (Block 2 identifies the Contract Number, Block 3 identifies the Award/Effective Date, Block 4 identifies the Order Number, Block 9 identifies the U.S. Federal Government Agency, Block 17a identifies the Prime Contractor, and Blocks 31 identifies the date and the Contracting Officer that signed)

2. Department of Defense (DD) 1155 – Order for Supplies or Services (Block 1 identifies the Contract Number, Block 2 identifies the Order Number, Block 3 identifies the date of Order, Block 6 identifies the U.S. Federal Government Agency, Block 9 identifies the Contractor, and Block 24 identifies the Contracting Officer’s signature)

3. GSA Form 300 – Order for Supplies and Services (Block 1 identifies the Date of Order, Block 2 identifies the Order Number, Block 3 identifies the Contract Number, Block 6 identifies the Prime Contractor, Block 10 identifies the U.S. Federal Government Agency, and Block 26C identifies the date the Contracting Officer signed)

4. Optional Form 347 – Order for Supplies or Services (Block 1 identifies the Date of Order, Block 2 identifies the Contract Number, Block 3 identifies the Order Number, Block 5 identifies the U.S. Federal Government Agency, Block 7a identifies the Prime Contractor, and Block 22 identifies the Contracting Officer’s signature)

5. Other Official Government Award Form from a Cognizant Federal Office not identified above (must explicitly identify the Multiple Award Contract No., Task Order No., Contractor, U.S. Federal Government Agency, and the date the Contracting Officer awarded/signed)

“First-Tier Subcontractor” means the Subcontractor has privity-of-contract with the Prime Contractor for all contractual obligations under a mutually binding legal relationship with the Prime Contractor. It does not include the Prime Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Prime Contractor’s general and administrative expenses or indirect costs. In other words, when the Federal government or Non-Federal government entity awards a contract,task order or purchase order to a Contractor, the Contractor is considered the Prime Contractor. When the Prime Contractor awards a contract,task order or purchase order to a Subcontractor, the Subcontractor is considered a First-Tier Subcontractor.

Except for the scoring element provided in Section L.5.2.4.1, all Relevant Experience Projects performed as a First-Tier Subcontractor shall be considered a Non-Federal government Relevant Experience Project. If an Offeror is submitting a Relevant Experience Project performed as a First-Tier Subcontractor, they shall submit the document(s) that clearly identify both parties and forms the mutually binding legal relationship.

L.5.1 VOLUME I (ELIGIBILITY)

To be eligible for award, the Offeror shall adhere to the directions and submit the following information under Volume I (Eligibility).

L.5.1.1 STANDARD FORM (SF) 33

“Offeror” means the official legal bidding entity identified in Block 15A on the Standard Form (SF) 33, Solicitation, Offer and Award, with a corresponding CAGE Code and DUNS Number in the System for Award Management at http://www.sam.gov that matches the Offeror name on the SF 33.

Using the SF 33, posted as page 1 of the solicitation in http://www.fbo.gov, the Offeror shall fill out Blocks 12, 13, 14, 15, 16, 17 and 18, accordingly; in doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation through Block 19 accordingly.

The Government requires a minimum acceptance period of not less than 365 calendar days. The Offeror shall complete Block 12 on the SF 33 with full cognizance of the minimum acceptance period of 365 calendar days. "Acceptance Period” means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of your proposal. An Offeror may only specify a longer acceptance period than the Government's minimum requirement.

If any amendments to the solicitation are issued, the Offeror shall acknowledge each amendment number and date in Block 14 on the SF 33.

The Offeror’s legal name and address in Block 15A on the SF 33 shall match the Offeror’s information in http://www.sam.gov, including the corresponding Commercial and Government Agency (CAGE) Code Number and Data Universal Numbering Systems (DUNS) Number.

NOTE #1: The address listed in Block 15A shall be the official mailing address used by the Government for letter correspondence, if necessary. The name, title, signature and date identified in Blocks 16, 17, and 18, shall be an authorized representative with authority to commit the Offeror to contractual obligations.

NOTE #2: Failure to provide the Government with the requested SF 33 may result in the proposal being rejected as being non-conforming.

L.5.1.2 PROPOSAL CHECKLIST

The Offeror shall acknowledge their proposal includes the applicable documents and list all filenames in accordance with Attachment J.2 (Proposal Checklist). No other format or additional proposal documentation shall be considered. Additionally, altering Attachment J.2 (Proposal Checklist) in any way may result in the proposal being rejected as being non-conforming.

L.5.1.3 PROFESSIONAL EMPLOYEE COMPENSATION PLAN

The Government is concerned with the quality and stability of the work force to be employed on this contract. Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories may impair the Contractor’s ability to attract and retain competent professional service employees or may be viewed as evidence of failure to comprehend the complexity of future task order requirements.

Task orders under this contract are subject to FAR 52.222-46.

The Offeror shall submit a professional employee compensation plan that addresses the Offeror’s methodology for determining salaries and fringe benefits for their professional employees in preparation of future task order requirements under HCaTS.

The professional employee compensation plan shall be incorporated by reference into any resulting contract.

NOTE: Failure to provide the Government with the Offeror’s professional employee compensation plan may result in the proposal being rejected as being non-conforming.

L.5.1.4 UNCOMPENSATED OVERTIME POLICY

Uncompensated overtime means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal workweek for purposes of computing uncompensated overtime hours.

Task Orders may be subject to FAR 52.237-10 when services to be required are on the basis of the number of hours to be provided.

The Offeror shall submit their policy for addressing uncompensated overtime consistent with its cost accounting practices used to accumulate and report uncompensated overtime hours in preparation of future task order requirements under this contract.

The uncompensated overtime policy shall be incorporated by reference into any resulting contract.

NOTE: Failure to provide the Government with the Offeror’s uncompensated overtime policy may result in the proposal being rejected as being non-conforming.

L.5.1.5 MODIFIED PRE-AWARD SURVEY (SF 1408)

Ordering Contracting Officers can issue and award cost reimbursable task orders under an HCaTS contract; therefore, to be considered for cost reimbursable task order awards, an Offeror shall have its accounting system determined adequate by the HCaTS Contracting Officer.

To determine an accounting system adequate, the HCaTS Contracting Officer may accept the findings and recommendation(s) from the Defense Contract Audit Agency (DCAA), other Cognizant Federal Agency (CFA) other than DCAA, or a Certified Public Accountant (CPA) that are within the past three years prior to the solicitation closing date; or, the HCaTS Contracting Officer may not accept the findings and recommendation(s) from the DCAA, CFA, or a CPA and enter into discussions with the Offeror.

If an Offeror’s current accounting system has already been audited by the DCAA, CFA, or CPA, the Offeror shall attach their most current audit to the Attachment J.3 (Modified Preaward Survey {SF 1408}). If there have been no changes to the accounting system since the audit, the Offeror is not required to answer Questions 3 through 20, otherwise the Offeror shall answer all 20 questions.

If the Offeror does not have an accounting system that has been audited by the DCAA, CFA, or CPA, and the Offeror would like to have their accounting system audited by the DCAA, they shall select the option to have their accounting system audited in Attachment J.5.1 (Self Scoring Worksheet Pool 1) and/or J.5.2 (Self Scoring Worksheet Pool 2). The Offeror shall answer all questions in Attachment J.3 (Modified Preaward Survey {SF 1408}).

Attachment J.3 (Modified Preaward Survey {SF 1408}) shall be signed by the individual responsible for the design of the Offeror’s accounting system.

In addition to the Offeror’s Representations and Certifications in Section K regarding the provisions of FAR 52.230-1 and 52.230-7, the Offeror shall answer Questions 2 through 2.C. If the answer to Question 2 is “YES”, the Offeror shall attach their most recent audit reports regarding all CAS compliance or non-compliance issues to the Attachment J.3 (Modified Preaward Survey {SF 1408}).

NOTE #1: If the answer to Question 6 is “NO”, the Offeror’s accounting system may not be determined adequate.

NOTE #2: Failure to provide the Government with the Offeror’s Attachment J.3 (Modified Preaward Survey {SF 1408}) may result in the Offeror’s accounting system not being audited by the DCAA and/or found adequate by the HCaTS Contracting Officer.

If the Offeror does not have an audited accounting system and does not wish to be considered for cost reimbursable task order awards, the Offeror shall select that they do not wish to have their accounting system audited and found adequate by the HCaTS Contracting Officer in Attachment J.5.1 (Self Scoring Worksheet Pool 1) and/or J.5.2 (Self Scoring Worksheet Pool 2) and do not need to submit the Attachment J.3 (Modified Preaward Survey {SF 1408}) .

The Offeror shall not contact DCAA in regards to this solicitation. The Government will provide DCAA the Attachment J.3 (Modified Preaward Survey {SF 1408})and the Offeror’s supporting documentation for those Offerors who wish to have their accounting system audited by DCAA. DCAA will schedule audits of the Offeror’s accounting system, if necessary, prior to award.

For further information, please review Defense Contract Audit Agency (DCAA) Manual No. 7641.90, Information for Contractors, dated June 26, 2012, located at http://www.dcaa.mil/DCAAM_7641.90.pdf.

L.5.1.6 SUBCONTRACTING PLAN

A small business concern, as defined in FAR Section 2.101, is not required to submit a subcontracting plan. For other than small business concerns, the Offeror shall provide a subcontracting plan.

In lieu of an Individual Subcontracting Plan that applies to the HCaTS program as a whole (i.e., the subcontracting plan is cumulative across all Pools the Contractor has applied for), an Offeror may choose to submit any type of subcontracting plan, including a Master Plan, a Commercial Plan, or a DoD Comprehensive Subcontracting Plan (as defined in DFARS 219.702), if already approved by a duly warranted contracting officer.

NOTE: If an Offeror does not obtain an award in any given Pool applied for, the subcontracting plan can be modified after award.

The General Services Administration Manual (GSAM), Appendix 519A-Small Business Subcontracting Plan Outline (Model), provides a model subcontracting plan as a template for Offeror’s that need assistance in developing a subcontracting plan at the following location:

https://www.acquisition.gov/?q=/browse/gsam/519/519Small

If an Offeror chooses to use the model at GSAM Appendix 519A, the Offeror shall adapt the model to fit their situation. The model is not a fill-in-the-blank form and the Offeror shall remove all instructional language. The model does not establish minimum requirements for an acceptable plan.

The Government expects Offerors to thoroughly review the requirements set forth in FAR 19.704, and GSAR 552.219-72.

The Government’s commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran-owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the Offeror’s subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9.

In addressing the 11 elements prescribed at FAR 52.219-9(d), the Offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran-owned small business concerns in performing this contract. An Offeror submitting a commercial plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran-owned small business concerns.

The subcontracting plan shall include a description of the Offeror’s subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the Offeror shall demonstrate through its plan that it understands the small business subcontracting program’s objectives, the Government’s expectations, and is committed to taking those actions necessary to meet these goals or objectives.

The Government believes that HCaTS provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran-owned small business concerns as subcontractors.

As a result, Offerors that choose to submit Individual Subcontracting Plans shall contain robust small business subcontracting goals. The following percentages reflect the Government’s subcontracting goals for HCaTS; however, the Offeror’s subcontracting plan should only contain realistic goals that are attainable to the Offeror’s individual circumstances.

Under an Individual Subcontracting Plan, the total estimated subcontracting dollars planned to all types of business concerns must be provided, then separately state the dollars that will be subcontracted to each category. All percents for each category will be expressed as a percentage of the total subcontracting dollars to all concerns (both large and small).

The small business dollar amount shall include all subgroup category amounts (i.e., HUBZone, SDB, WOSB, VOSB, SDVOSB, plus any “other small” businesses that do not fall within one of these specified subgroups). Note that Alaskan Native Corporations (ANCs) and Indian tribes are included in the Small Disadvantaged Business and total small amounts.

Only the large plus all small should equal the total in both dollars and percents. Do not add together subgroups to reach the total small figure, as the same dollars can be double and triple counted for each group as applicable. Dollars and percentages to large and total small businesses (all inclusive) shall equal the total subcontracted to all categories in both dollars and percentages.

For example, the total dollars to be subcontracted in the table below are provided for example purposes only to show proper math calculations only.

The subcontracting plan shall be incorporated by reference into any resulting contract.

NOTE: Failure to provide the Government with the Offeror’s subcontracting plan, if applicable, may result in the proposal being rejected as being non-conforming.

L.5.1.6.1 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (MAR 2012)

(a) An offeror, other than a small business concern, submitting an offer that exceeds $650,000 ($1,500,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan.

(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror’s subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror’s production generally; i.e., for both its commercial and Government business.

(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:

(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing the contract.

(2) Include a description of the offeror’s subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.

(3) Demonstrate through its plan that it understands the small business subcontracting program’s objectives and GSA’s expectations, and it is committed to taking those actions necessary to meet these goals or objectives.

(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:

(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9.

(2) Consider previous goals and achievements of contractors in the same industry.

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns.

(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.

(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

(End of provision)

L.5.1.7 MEANINGFUL RELATIONSHIP COMMITMENT LETTERS (MRLC) (IF APPLICABLE)

Within a corporate structure, an Offeror may utilize resources from a parent organization, affiliate, division, and/or subsidiary provided that the meaningful relationship was in place at the time the contract,task order or purchase order being submitted as a Relevant Experience Project was performed. The Government shall allow an Offeror to take credit for any evaluation criteria, including Relevant Experience Project(s), accreditations from a parent company, affiliate, division, and/or subsidiary as long as there is a meaningful relationship to the Offeror and commitment letters are provided to the Government.

Affiliates are business concerns that are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or another concern controls or has the power to control both.

Division is a separate business unit of a company representing a specific business function.

Subsidiary means an entity in which more than fifty percent (50%) of the entity is owned directly by a parent organization; or through another subsidiary of a parent organization.

For the purposes of HCaTS, a meaningful relationship exists within a corporate structure when at least one of the following conditions exists:

1. An entity is a wholly owned subsidiary of a parent organization, or

2. An entity is a parent of a wholly owned subsidiary, or

3. An entity operates under a single internal operational unit, or

4. An entity operates under a consolidated accounting system, or

5. An entity operates under a consolidated purchasing system, or

6. An entity operates under a consolidated human resources or personnel system, or

7. An entity operates under common policy and corporate guidelines, or

8. Operating structure between the entities includes internal organizational reporting lines and management chains for lines of business that operate across the formal corporate subsidiaries.

When an Offeror is utilizing resources from other entities by way of a meaningful relationship within a corporate structure, only one proposal from that corporate structure shall be submitted.

For each meaningful relationship identified for the HCaTS evaluation criteria, the Offeror shall provide a MRCL that includes the following:

1. Clear and legal identification of the meaningful relationship between the Offeror and entity identified, and

2. A statement of commitment as to the performance and utilization of the identified entity’s resources on HCaTS task orders, and

3. Each applicable proposal element must be clearly and specifically identified, and

4. Signatures of both the Offeror and Meaningful Relationship Entity.

In the event that a parent organization has complete and full control over all meaningful relationship entities, the parent entity may prepare a single MRCL that identifies all elements required above.

For example, if ABC Inc. is the official legal bidding entity and ABC Inc. is taking credit for their subsidiary, Best R&D L.L.C.’s, DCMA-audited acceptable purchasing system, ABC Inc. shall show how task orders under HCaTS will be processed through Best R&D L.L.C.’s purchasing system. Furthermore, ABC Inc. shall submit an MRCL between ABC Inc. and Best R&D L.L.C. that they will, in fact, process ABC Inc.’s task orders under HCaTS through Best R&D L.L.C’s Purchasing System. This example applies to all the proposal submission documents that involve resources and experience from other than the official legal bidding entity.

MRCLs will be incorporated by reference into any resulting contract.

NOTE: Failure to provide the Government with the Offeror’s MRCL(s), if applicable, may result in the proposal being rejected as being non-conforming.

L.5.1.8 EXISTING JOINT VENTURE OR PARTNERSHIP (IF APPLICABLE)

“Contractor Team Arrangement” means an arrangement in which two or more companies form a Partnership or Joint Venture to act as a potential Prime Contractor (See FAR Paragraph 9.601(1)); or, a potential Prime Contractor agrees with one or more other companies to have them act as its Subcontractors under a specified Government contract or acquisition program (See FAR Paragraph…