H92222-11-R-0012-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 01-Apr-2011

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X H92222-11-R-0012

X 9B. DATED (SEE ITEM 11)

29-Mar-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 telegram 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 telegram or letter, provided each telegram or letter 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 NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

01-Apr-2011

CODE

HQ USSOCOM SORDAC-K

ATTN: ELIZABETH DANIELS

7701 TAMPA POINT BLVD

MACDILL AFB FL 33621

H92222 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

H92222-11-R-0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by reference:

52.225-1 Buy American Act--Supplies FEB 2009

The following have been modified:

NOTE

REMOVED DRAFT NOTE

This RFP is for a five year indefinite delivery, indefinite quantity (ID/IQ) type contract issuing Firm-Fixed-Price (FFP) delivery orders. In accordance with FAR 16.504(a)(1), the contract minimum value to be obligated is $150,000. There are NO orders guaranteed above the stated minimum quantity. The quantities listed below for CLINs 2XXX-5XXX (beyond the first year of the ordering period) are merely for administrative purposes required by the contract writing system. These CLIN values should not be construed to reflect the actual order quantities during a particular year. The maximum contract award under this solicitation will have a ceiling value of $49,000,000, including any combination of the CLINs and quantities under the contract. The unused quantities for each year of the ordering period will roll over to the next year until the $49,000,000 ceiling is reached. The actual quantities awarded under the eventual contract may vary from those in the CLINs detailed below.

Operational Security Due to the nature of the body armor requirements, there is a need for operational security.

USSOCOM considers all documents handled or generated in conjunction with the body armor acquisition to be unclassified information of a sensitive nature that must be protected against release to unauthorized individuals. During all phases, to include the post-award phase, release of any information associated with this acquisition to any individual, firm, business, or other Government agency outside of USSOCOM is prohibited without the express written approval of the contracting officer. Further, product information shall not be shown, displayed, or discussed at any trade show, symposium or any other medium without the express written approval of the contracting officer. Reproduction of any documents provided by USSOCOM is strictly prohibited without the express written approval of the contracting officer. Any indication that such information has been made available to unauthorized individuals may result in termination of the contract. Requests for approval to release information shall be submitted to the contracting officer and shall identify the specific information to be released, the medium to be used and the purpose for the release

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 1000 employees

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(j) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor (see paragraph 12 below, to include recent and relevant contracts for the same or similar items and other references as shown in Attachment 03 to include contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(12) The following instructions provide guidance to the offeror in preparing the proposal in response to this commercial solicitation. The proposal must fully comply with all the following instructions. FAILURE TO DO SO MAY BE CAUSE FOR REJECTION. The offeror should clearly state how it intends to accomplish this contract.

Mere acknowledgement or restatement of a requirement or task is not acceptable. Relevance to the effort listed herein is critical. The information in the proposal should be presented in a clear, coherent and concise manner. The written presentation of the proposal shall be limited to the information that is necessary to convey a point and should not be overly elaborate. The Performance Specification in Attachment 01, the Go/No Go Matrix in Attachment 02, the Past Performance Matrix at Attachment 03, and the Past Performance Questionnaire at Attachment 04 of the solicitation, together with other applicable portions of the Request For Proposal (RFP) shall be used as the basis for preparing the proposal. The proposal shall include all the information requested in the instructions below.

PROPOSAL SUBMISSION

Notice of Intent (NOI) to Submit a Proposal. To allow the government to allocate manpower, schedule necessary test facilities, etc., all firms planning on submitting a proposal(s) (including the required product models) shall inform the contracting officer, Mr. Kevin Kans, via email at: kevin.jans@socom.mil, of their intent to submit a proposal by no later than 14 days after date of RFP release. If the offeror intends to submit multiple designs, each design must be submitted as a complete and separate proposal package. The offeror must propose on all contract items to be considered for award. Offerors shall notify the contract specialist, and provide a complete NOI for each proposal package to be submitted. The Government will only release the following documents to those offeror’s who have submitted a NOI by the date specified above. The Government will distribute the following documents to offerors after their NOI submission: Attachment 01, “Performance Specification”, Attachment 05, “Technical Drawings”, and Attachment 06, “Proper Handling of Attachments 01, Performance Specification, and 05, Technical Drawings.” Distribution of these documents will be within two (2) days of the NOI submission or within two (2) days of RFP release, whichever is later. Proposals will be due no later than 2:00 p.m. local Tampa, FL, time, by the date specified above. Failure to provide the required NOI to submit a Proposal, requested in this paragraph, by the above date/time may prevent any subsequent proposal provided by the firm from being given consideration for award. Offerors shall ensure they receive an acknowledgement of receipt from the contracting office.

The NOI must include the following: cage code number, DUNS number, state of incorporation, corporate license number, identify if foreign owned or a controlled company with full identification of the parent corporation, country of affiliation, identify whether subcontractors are foreign, identify vendor, foreign country of affiliation and what physically constitutes the foreign content of their product(s). Only those offerors who submit a Notice of Intent may submit a proposal which shall be considered by the agency. This is not an R&D contract; offerors must be the original equipment manufacturer (OEM) and have an existing U.S. verifiable production line for any product proposed under this solicitation. The government reserves the right to verify the OEM prior to an award.

With the exception of Product Demonstration Models (PDM) as detailed below, offerors shall submit electronic copies of written documentation in their proposal ONLY. Offerors shall submit their proposal via e-mail to kevin.jans@socom.mil. Each volume submitted shall be named accordingly (Vol_I – Vol_IV). See FORMAT paragraph below for additional instructions. Offeror’s are absolutely responsible for ensuring that proposals arrive at one of these email addresses on time or they will not be considered for evaluation. In the event of bandwidth or technical problems, offerors will not be considered late if they provide evidence they attempted to send the email prior to the closing date. The burden of proof will rest with the offerors to show transmission began prior to the proposal cut off time.

Pre Contract Costs: The offerors shall not be reimbursed for any costs incurred prior to the effective date of the contract resulting from this solicitation.

FORMAT

The offeror’s complete proposal will be submitted in four separate volumes as set forth below. Proposals shall be provided through electronic media only. The Government’s intent is to streamline all aspects of the source selection process by focusing the evaluation on real discriminators supporting the most important user objectives. Offerors should confine their submissions to essential matters, sufficient to define their proposal and provide an adequate basis for evaluation. Unsupported promises to comply with the contractual requirements are insufficient. Proposals must not merely echo the contractual requirements; they must provide convincing documentary evidence supporting asserted performance.

Volume Contents I Technical Area II Management Area III Past Performance Area IV Price Area

Proposal pages shall be numbered by volume and page. For example, the first page of Volume I “Technical Area” would be numbered “I-1.” Each volume shall contain a title page, table of contents, list of acronyms, and list of tables and figures for that volume. Each page shall be labeled with the RFP number, company name and submission due date. Paragraphs shall be numbered sequentially and by a logical convention. Volume I (Technical Area) shall consist of a maximum of 50 pages (excluding test data or materials certifications). Volume II (Management Area) shall consist of a maximum of 35 pages (excluding the offeror’s Configuration Management Plan and Quality Assurance Plan).

Disclosure of Proposal: Information contained in the offeror's technical/management or price proposal may be released under the Freedom of Information Act (5 U.S.C. 552) upon request from the public except to the extent it contains trade secrets and privileged or confidential commercial or financial information. If the offeror's proposal contains material meeting this description which is customarily maintained in confidence in the course of the offeror's business and which is not otherwise publicly available, and if the offeror does not want it disclosed to the public, he shall mark the title page with the legend that follows:

“This proposal, furnished in response to Request for Proposal No. H92222-11-R-0012 contains trade secrets and/or privileged or confidential commercial or financial information. This information is maintained in confidence in the course of the offeror's business and is not otherwise publicly available. The offeror submits this information to the Government in confidence and understands that it is received with that intent. This information shall not be released or disclosed outside the Government under the Freedom of Information Act (5 U.S.C. 552) or under any other circumstances.”

Proposals so marked will be accepted by the Government in confidence and will not be released provided that the offeror and/ or the Government can show, upon request under the Freedom of Information Act, that disclosure would either (1) impair the Government's ability to obtain necessary information in the future or (2) cause substantial harm to the competitive position of the offeror.

PRODUCT DEMONSTRATION MODELS (PDM PROPOSAL CONTENT)

Go/No-Go Matrix. Offerors are required to submit a completed Go/No-Go Matrix (Attachment 02), which will fully discuss how the offeror passes each characteristic outlined in Attachment 02.

Product Demonstration Models (PDMs) . Offerors are required to submit at no expense to the Government Product Demonstration Models (PDMs) as part of the proposal. PDMs must be received by the time and date set forth for closing of offers. The models shall be representative of production ready systems and shall be in accordance with the technical drawings provided by the Government. After contract award, all product models that are not destroyed in testing will be returned to each unsuccessful offeror at the offeror's expense upon written request by that offeror to the Contracting Officer. The Offerors must make their written request to Government within thirty (30) days after contract award. After that period, the Government may dispose of the PDMs without prior notice. All product models will be retained from the successful offeror by the government at no additional cost to the government. PDMs provided do not count toward deliverable quantities specified in the Schedule of Supplies.

Quantities required for each system are indicated in Table 1 below.

Table 1

Releasable Body Armor Vest (RBAV) Insert – Set includes

Front and Rear Component

Modular Body Armor Vest (MBAV) Insert –

Includes Front and Rear Component

SPEAR Plate Shaped Soft Armor

Insert – Includes Front and Rear

Component

Shoot-Pack 15”x15” Test Panel

Small: 2 Sets Medium: 2 Sets Large: 2 Sets Extra Large: 2 Sets

Small/Medium: 2 Sets

Large/Extra Large: 2 Sets

Small: 2 Sets Medium: 2 Sets Medium Long: 2 Sets Large: 2 Sets Extra Large: 2 Sets

One Size: 100 each

Packaging of the PDMs are an important part of the Full Technical evaluation. The product models shall be marked as shown in specification paragraph 3.13.0 (Attachment 01) Instead of a contract number the offeror shall use

H92222-11-R-0012 and instead of the Manufacturers Name the offeror shall mark the item with SAMPLE. The product models and associated equipment shall not have any company specific logo/ID markings. The government will mark the item(s) accordingly. The offeror shall also submit a use and care pamphlet for evaluation as part of each PDM submission in accordance with specification paragraph 3.12.0. Packaging used to ship the PDMs will be used to evaluate the offeror’s compliance with specification paragraph 4.1. Any paperwork or documents (or reasonable facsimiles) that will be used in future shipments shall be included in the packaging. Packaging of the product models is the responsibility of the offeror. The offeror is responsible to deliver their product models in cases which adequately protect their models to the required destination delineated in this solicitation and for any potential subsequent shipping of the models during all phases of the evaluation.

The PDMs are to be delivered to the following address by the closing date and time indicated in block 8 of the 1449, page 1 of the RFP:

USSOCOM / NSRDEC

ATTN: RDNS-WPS, Matt Clark Bldg. 4, Room D017 Kansas Street Natick, MA 01760-5019

Independent Ballistic Test Data. Offerors are required to submit at no expense to the Government independent ballistic test data as part of the proposal. Prior ballistic test data will give the Government reasonable indication that any design submitted with this offer, when First Article Tested (FAT) by the Government (both conditioned and unconditioned), will meet the ballistic requirements shown in the Performance Specification section 3.9 and the requirements of the First Article Test (FAT) Plan. Testing must have been conducted at a NIJ certified Ballistic- Resistant Armor Laboratory or a Government laboratory (Aberdeen Test Center or Army Research Laboratory). The list of approved NIJ Ballistic-Resistant Armor Laboratories can be found at the following website:

http://www.justnet.org/Pages/lablist.aspx

Offerors are required to submit only the data specified in Table 2 and Table 3 below but may chose to provide additional data. To mitigate the risk of unsuccessful Government FAT, a safety margin is required for all data submitted to Government as compared to the minimum requirement listed in the Performance Specification section

3.9. The data provided by the offeror MUST meet the minimum requirement (including the safety margin) outlined in Table 2 and Table 3. All testing must be in accordance with the Performance Specification Section 3.9 and the FAT Plan located in Appendix A of the Performance Specification. The environmental requirements for each test condition are detailed in the Performance Specification Section 3.10.

Table 2 – Fragmentation Protection Test Condition 2 Grain 4 Grain 16 Grain 64 Grain Minimum V50

Required (includes safety margin)

2650 ft/s 2350 ft/s 2000 ft/s 1655 ft/s

Ambient One V50

Test One V50 Test One V50 Test One V50 Test

Hot One V50

Test One V50 Test One V50 Test One V50 Test

Cold One V50

Test One V50 Test One V50 Test One V50 Test

Sea Water One V50

Test One V50 Test One V50 Test One V50 Test

Chlorine Water One V50 Test

Gasoline One V50

Test One V50 Test One V50 Test One V50 Test

Motor Oil One V50 Test

Break-Free® One V50 Test

Table 3 – 9 x 19mm Protection Condition 9mm V0 9mm V50 Minimum Required

(includes any safety margin)

1500 ft/s None

Ambient One V0 Test One V50 Test Hot One V0 Test Cold One V0 Test

Sea Water One V0 Test Chlorine Water

Gasoline One V0 Test Motor Oil

Break-Free® Weatherometer

FULL PROPOSAL CONTENT

Only those offerors who submit a Notice of Intent shall be considered by the agency.

AREA I – Technical Area (VOLUME I)

Factor 1: PRODUCT DEMONSTRATION MODELS (PDM PROPOSAL CONTENT) .

The submittal in the PDM Proposal Content section above in this clause will be used for this factor.

Factor 2: Written Technical Proposal.

The offeror shall submit a written narrative description of how their proposed item meets all the requirements of the solicitation and performance specification. The offeror shall provide in their proposal sufficient technical detail for each performance parameter to allow the Government to properly evaluate compliance with the requirements shown in the Performance Specification, Attachment 01, and other RFP requirements. Offerors shall identify high risk or areas of non-compliance. Offerors shall provide reasons for non-compliance along with the ability to comply during production shall be provided.

AREA II – Management Area (VOLUME II)

Factor 1: Configuration Management Plan.

The offeror shall submit a Configuration Management Plan in accordance with the specification requirement. The offeror shall provide clear and easy-to-read production flow diagram(s) to illustrate how the soft armor insert will be produced from receipt of raw materials to finished soft armor inserts.

Factor 2: Quality Assurance Plan and In-Process Inspections.

The offeror shall submit its proposed Quality Assurance Plan in accordance with specification requirement to demonstrate the ability to deliver a reliable product conforming to contract requirements. The offeror shall specify how quality assurance and corrective actions will be implemented during the production process to ensure a reliable product under continuous production. The Quality Assurance Plan shall provide detailed information of all in-process inspections from inspection of raw materials to inspection of the final packaged product.

Factor 3: Management, Delivery Schedule, and Production Capability.

The offeror shall describe how the soft armor insert production will be managed and identify key roles and responsibilities of personnel charged with implementing the production plan, as well as overseeing delivery. The offeror shall provide their best commercial warranty and describe in detail what is covered in the warranty. The offeror must describe how they are the Original Equipment Manufacturer (OEM) of the soft armor insert being offered and must have the production capability to manufacturer and sustain the soft armor insert being offered. The offeror shall provide a description of the resources that the offeror is proposing to use as well as the capacity of the facilities, equipment and personnel, and the impact of these capacities on the required delivery schedule and delivery schedule proposed by the offeror. The offeror shall clearly identify monthly capacity and explain in detail the ability to handle surge production. Surge production will be defined as a 25% increase over normal monthly capacity.

AREA III - Past Performance Area (VOLUME III)

Offerors shall provide a completed Past Performance Matrix, Attachment 03, with the offeror’s last five relevant government contracts (all prime and major subcontracts received, or in performance, during the past 3 years).

Offeror’s without relevant past performance shall indicate in the proposal that they “do not have relevant past performance.” Failure to state the lack of past performance may be grounds for rating the proposal deficient for noncompliance with the solicitation requirements.

The offeror shall send the Past/Current Performance Questionnaire (all sections) to each of the Points of Contact (POCs) identified in the matrix and follow up to verify the POCs have provided the questionnaires to the Government. Best efforts should be made by the offeror to ensure completion of the questionnaires. Completed questionnaires shall be submitted directly to the Government, not later than the date proposals are due, from the following in descending order of availability: (1) Procuring Contracting Officer/Contract Negotiator or equivalent,

(2) Program/Project Manager, or equivalent, (3) Administrative Contracting Officer/Contract Administrator or equivalent, (4) Other. Once the Past/Current Performance Questionnaires have been completed by the POCs, the information contained therein shall be considered source selection sensitive and shall not be released to you, the Offeror by the POCs. The offeror is required to have the references send the answers to the Past Performance Questionnaire (Attachment 04 of the solicitation) directly to the point of contact, Kevin Jans, kevin.jans@socom.mil, page one (1) of this solicitation,. The offeror shall also complete a questionnaire on their own performance for each of the relevant contracts listed in the matrix. Offerors may provide information on problems encountered on the contracts and subcontracts identified and corrective actions taken to resolve those problems.

Small Business Subcontracting Goals. All offerors that are not Small Businesses shall submit the Standard Form 294, Subcontracting Report for Individual Contracts for all relevant contracts, when applicable. All offerors participating in the Comprehensive Subcontracting Program shall prepare and submit a Standard Form 294 that addresses relevant contracts.

AREA IV - Price Area (VOLUME IV)

The schedule contains a basic CLIN structure to identify the Government’s requirements. Offerors shall complete the schedule by creating step ladder pricing that will allow for maximum economies of scale (Attachment 07).

Offerors shall provide ordering quantities that cover a range from one through your production capacity for the pertinent CLIN. Offerors will also provide an escalation rate per year for all years in the table provided in 52.212-2 that will be used to determine total evaluated price (TEP).

This is a commercial RFP as a result cost and pricing data is not required IAW FAR 15.403-1(b)(1) and (3). It is anticipated that adequate price competition will be available to determine price reasonableness. In the event that the price reasonableness cannot be determined based on adequate competition, the Contracting Officer may require the submittal of cost or pricing data in accordance with FAR 15.403. Offerors shall explain any price anomalies (i.e., for example, range order pricing economies of scale differences). The price proposal shall include information on any significant contractor or major subcontract with whom the prime has teamed. Other than cost and pricing data may be required of the subcontractor, the same as above pertinent to the prime if the Contracting Officer determines the information is needed for a reasonable determination.

Prices for technical data shall be “not separately priced” or “NSP” in accordance with the schedule However, cost for each data submission shall be provided in the pricing volume for evaluation purposes, consistent with DFARS

215.470. Price estimates shall be provided on DD Form 1423-1, block 18.

If applicable, catalog pricing containing detailed price list for any scheduled item shall be furnished. Explanations shall be provided for any differences between the published price list and the proposed. The offeror shall explain the basis for any proposed inflation from year to year.

Any inconsistency whether real or apparent, between promised performance and price, must be explained in the proposal as price credibility rests with the offeror. The Government may reject any and all offers if such an action is in the public’s interest, accept other than the lowest price proposal and waive any informalities and minor irregularities in the received submittals.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. If providing multiple proposals, offerors shall submit a separate proposal for technical and price, but not for past performance. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications or revisions so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government may evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section, Suite 8100, 470 L’Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925), Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) The DoD Index of Specifications and Standards (DoDISS) and documents listed in it may be obtained from the-- Department of Defense Single Stock Point (DoDSSP), Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(i) Automatic distribution may be obtained on a subscription basis.

(ii) Order forms, pricing information, and customer support information may be obtained—

(A) By telephone at (215) 697_2667/2179; or

(B) Through the DoDSSP Internet site at http://dodssp.daps.mil.

(1) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication or maintenance.

(i) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $25,000, and offers of $25,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address.

The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1- 866-705-5711 or via the Internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number.

(j) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227- 2423 or 269-961-5757.

(1) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) Failure to comply with the instructions identified herein or mere acknowledgement or restatement of a requirement or task is not acceptable and may be cause for rejection.

(b) BASIS FOR AWARD

(1) The Government intends to award an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract resulting from this solicitation. Contract award shall be made to the offeror whose proposal is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), and whose proposal conforms to the RFP requirements and is determined to represent the “best value” to the Government with appropriate consideration given to the major areas, listed in descending order of importance: Technical, Management, Past Performance, and Price. The Government reserves the right to not make any awards. The Technical Area is significantly more important than the Management Area. The Management Area is significantly more important than the Past Performance Area. The Past Performance Area is significantly more important than Price Area. The Technical, Management, and Past Performance Areas when combined are significantly more important than Price. The Source Selection Authority (SSA) will determine the "best value" to the Government through an integrated assessment of all proposals. The integrated assessment by the SSA will serve as the final determination for contract award.

(2) Failure to comply with the instructions identified herein or mere acknowledgement or restatement of a requirement or task is not acceptable and may be cause for rejection. The evaluation will be done in two parts: An evaluation of the Product Demonstration Models (PDM) and the Full Proposal Content (See 52.212-1). The PDM evaluation will be a pass/fail evaluation. Offeror’s not submitting the required information or meeting the requirements outlined in the PDM Proposal Content may be eliminated from further consideration for award. Proposals meeting the requirements outlined in the PDM Proposal Content will be move on to Full Proposal Review which will include the Full Proposal Content.

(3) In evaluating proposals, the Government will make appropriate trade-offs when required and select the proposal(s) that is most advantageous to the Government, price and other factors considered. Offerors are cautioned that an award may not necessarily be made to the lowest price offeror.

(4) The Government may award a contract on the basis of initial offers received, without discussions.

Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint. However, if considered necessary by the contracting officer, discussions will be conducted with only those offerors determined to have a reasonable chance for award.

(5) In order to be considered for award, offerors must clearly demonstrate the ability to meet at minimum the requirements identified in the Performance Specification.

(6) Offerors are cautioned that a deficiency in any Area, Factor, or Element may be grounds for elimination of the proposal from further consideration for award.

(7) Proposals that fail to meet the minimum threshold requirements may be grounds for rejection of the entire proposal. Each proposal will be evaluated on merit, best overall value to the government, price and other factors considered.

EVALUATION AREAS, FACTORS AND WEIGHTINGS. The Area weightings are identified in above. Area I

- Technical Proposal: The Factors are identified in descending order of importance. Factor 1 is significantly more important than Factor 2. Area II – Management Proposal: Factors 1, 2, and 3 are of equal importance.

PDM Proposal Content Evaluation

The PDM Proposal Content will be evaluated against the requirements outlined in 52.212-1, Preliminary Proposal Content. If the offeror does not provide the required PDMs on time, with Independent Ballistic Test Data, and completed Go/No-Go Matrix, the offeror may be eliminated from further consideration for award. If the offeror does not meet the requirements outlined in the Go/No-Go Matrix the offeror may be eliminated from further consideration for award.

Full Proposal Content Evaluation

AREA I – TECHNICAL

FACTOR 1 – Product Demonstration Model Proposal Content FACTOR 2 – Written Technical Proposal

AREA II – MANAGEMENT

FACTOR 1 – Configuration Management Plan FACTOR 2 – Quality Assurance and In-Process Inspections FACTOR 3 – Management, Delivery Schedule, and Production Capability

AREA III – PAST PERFORMANCE

AREA III – PRICE

EVALUATION CRITERIA

Only those offerors who have submitted a Notice of Intent (NOI) by the date established in clause 52.212-1 shall be considered for award by the agency. Proposals will not be evaluated if an NOI has not been submitted and acknowledged by the agency’s contracting representative. Offerors are cautioned to ensure they receive written notification (by e-mail or otherwise) stated that their NOI was received and is complete.

TECHNICAL AREA EVALUATION

FACTOR 1 – PDM PROPOSAL CONTENT. The Government will evaluate the extent to which the offeror’s Product Demonstration Models (PDMs), government-derived Independent Ballistic Test Data, and completed

Go/No-Go Matrix meets the requirements in the performance specification and RFP. The PDMs will be examined by technical representatives and may be verified at a Government owned or independent test lab to determine the extent to which it meets the specifications and supports the data provided. Proposals that fail to meet the minimum threshold requirements for the Go/No-Go Matrix may be grounds for rendering the entire proposal deficient.

FACTOR 2 – WRITTEN TECHNICAL PROPOSAL. The Government will evaluate the extent to which the offeror’s written technical proposal demonstrates a sound, practical methodology for satisfying the specification and requirements stated in the solicitation. This evaluation will be completed through a thorough review of offeror-submitted independent ballistic test data, literature, or technical specification sheets related to the performance of these items. The Government reserves the right to test all requirements listed in the performance specification.

MANAGEMENT AREA EVALUATION

FACTOR 1 – CONFIGURATION MANAGEMENT PLAN. The Government will evaluate the extent to which the offeror’s proposed Configuration Management Plan meets the requirements in the performance specification and solicitation.

FACTOR 2 – QUALITY ASSURANCE AND IN-PROCESS INSPECTIONS. The Government will evaluate the extent to which the offeror’s proposed Quality Assurance Plan meets the requirements in the performance specification and solicitation. The offeror’s quality assurance system will be evaluated for its maturity and effectiveness to assure defect free products are manufactured and delivered to the Government throughout the life of the contract. Additionally, all inspection plans will be evaluated to ensure that there are clear and effective procedures that can distinguish a conforming product from a nonconforming product and that the offeror has a clear and systematic process in place to aid the ease of inspecting materials, production lines, and implementing corrective actions.

FACTOR 3 – MANAGEMENT, DELIVERY SCHEDULE, AND PRODUCTION CAPABILITY. The offeror’s proposal will be evaluated to ensure that it has the appropriate facilities, resources, and processes in place to consistently manage, manufacture and timely deliver the products required in accordance with the requirements identified in this RFP.

(2) For large businesses responding to this RFP, the proposed Small Business Subcontracting Plan will be evaluated IAW FAR 19.705-4 and DFAR 219.705-4.

PAST PERFORMANCE AREA EVALUATION

(1) Performance risk considers those risks associated with an offeror's likelihood of success in performing the solicitation requirements as indicated by the offeror's record of past/current performance on recent relevant contracts. The Past Performance Evaluation will consider the relevance of the information with regard to size, scope, and technical complexity, as well as how recent the data is. The Government will also consider the source of the information, context of the data, and general trends in contractor’s performance of an offeror. Proposals shall be evaluated to determine if the contracts and sources submitted for the prime are current and relevant. For the purpose of this solicitation, “current” efforts are those occurring within the last three (3) years through the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For the purpose of this solicitation, relevancy is defined as manufacturing the same/similar items, to similar customers in similar quantities. If no relevant historical or current data exists then the procedures of FAR 15.305(a)(2)(iv) will apply. A failure to state “No Experience” may cause the proposal to be rated as deficient and excluded from further consideration for award.

(2) The Government will evaluate the Proposal and data from outside sources considering the following aspects: Schedule Planning and Control, Quality Assurance, and Customer Service. This includes the offeror's performance in schedule, and the administrative aspects of performance; the offeror's history for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's businesslike concern for the interests of its customers. The results of this evaluation will form the basis of the assignment of a low, moderate, or high performance risk rating.

(3) For Large Businesses responding to this RFP: The proposal will be evaluated to determine whether offerors have achieved their Small Business Subcontracting Plan goals and monetary targets on relevant contracts. The evaluation will also take into account the offeror's actions taken to attempt to achieve those goals.

PRICE AREA EVALUATION

(1) Price will be evaluated for completeness and reasonableness. Completeness is a matter of whether all price elements have been addressed in the proposal. Price reasonableness is a matter of the competitiveness of the Offeror's proposal, considering the price and evaluation criteria. A total evaluated price (TEP) for the maximum quantities over the entire length of contract performance will be determined utilizing price analysis in accordance with FAR 15.404-1(b). Price will be evaluated to determine whether the offeror understands the requirement and risks inherent in the scope of work. In addition, Price will be evaluated to determine the feasibility of performing all the terms and conditions of the offer within the total price proposed by the offeror. Competitiveness is not determined by a simple comparison with the prices proposed by the other offerors, but rather, involves making trade-offs among offers with varying degrees of advantageousness. The TEP integrated with other evaluation criteria may result in award to other than the offeror with the lowest total evaluated price.

(2) In the event the Government requires other than cost and pricing data, it shall be evaluated in accordance with FAR 15.404-1.

(3) Although prices for technical data not-separately-priced is not required in Section B of the solicitation;

DoD requires estimates of the prices of data in order to evaluate the cost to the Government of data items in terms of their management, product, or engineering value in accordance with DFARS 215.470.

(4) Completeness and Balanced Pricing: The proposal will be evaluated to ensure that ALL CLINS for which the offeror is submitting prices are completed. The price proposal will be evaluated for completeness, that is a price has been submitted for all contract line items proposed. All proposals will be evaluated for unbalanced pricing. Offerors are cautioned that unbalanced unit prices may be grounds for exclusion of a proposal from consideration for award.

(5) Total Evaluated Price (TEP). All CLINS proposed in Section B will be totaled and summarized for each year based on the estimated Government requirement as listed in the CLIN in Section B.