H92240-18-R-0005.pdf

SEE ADDENDUM

(No Collect Calls)

H92240-18-R-0005 02-Aug-2018

b. TELEPHONE NUMBER

(619) 537-2541

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 16 Aug 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

H922409. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BLACKWOOD, AMANDA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N4974618RCMSR39

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SPECIAL WARFARE COMMAND - N01C

ATTN: AMANDA BLACKWOOD

2000 TRIDENT WAY; BLDG 624

SAN DIEGO CA 92155-5583

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE SCHEDULE

DELIVERY WILL BE IDENTIFIED

AT THE DO/TO LEVEL OR ON

THE PO SCHEDULE

. CA

TEL: FAX:

(619) 522-7586FAX:

TEL: (619) 537-2541 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

H92240-18-R-0005

Section SF 1449 - CONTINUATION SHEET

CONTRACT LIMITATIONS

MINIMUM CONTRACT VALUE

The minimum contract value is established at $100,000.00 for the life of the contract, which will be satisfied by the Government upon issuance of the first task order. Once the minimum contract value is satisfied, the Government is under no further obligation to issue additional orders.

MAXIMUM CONTRACT VALUE

The maximum contract value is established at $9,500,000.00 for the life of the contract. The cumulative value of all orders issued against any resultant contract shall not exceed the maximum contract value.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

11M RIB Maintenance, Repair and Upgrades

FFP

Eleven Meter Rigid Inflatable Boat (11M RIB) Repairs, Maintenance and Upgrades to be performed in accordance with the Attachment 1 - Performance Work Statement (PWS) at the firm-fixed prices established in the Attachment 2 – Exhibit Line Item Numbers (ELINs). Over and Above Work is subject to Defense Federal Acquisition Regulation Supplemental (DFARS) 252.217-7028.

Period of performance is five (5) years, within this period of performance are five

(5) ordering periods:

Ordering Period One: Date of Award – Day 365 Ordering Period Two: Day 366 – Day 731 Ordering Period Three: Day 732 – Day 1,097 Ordering Period Four: Day 1,098 – Day 1,463 Ordering Period Five: Day 1,464 – Day 1,829

PSC Code: J019

FOB: Destination

PURCHASE REQUEST NUMBER: N4974618RCMSR39

PSC CD: J019

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 27-SEP-2018 TO

26-SEP-2023

N/A SEE SCHEDULE

DELIVERY WILL BE IDENTIFIED

AT THE DO/TO LEVEL OR ON

THE PO SCHEDULE

. CA

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

JAN 2018

252.217-7028 Over And Above Work DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

JAN 2018

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDA -- INSTRUCTIONS TO OFFERORS

L.1 General Instructions to Offerors

L.1.1 This is an all-electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to www.fedbizopps.gov. It is the responsibility of each offeror to review the webpage for notice of amendments, updates, or changes to current information. The exclusive responsibility for the source selection will reside with the Government. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423) as implemented in the FAR. The proposal and corresponding program will be unclassified and treated as Source Selection Sensitive Information.

L.1.2 All proposals must be complete, self-sufficient, and respond directly to the requirements of the solicitation.

Any commitments made in the proposal shall become part of the resultant contract. Any significant inconsistency, if unexplained, raises a fundamental issue of the offeror’s understanding and/or ability to perform under a contract.

This may be a basis for rejection of the proposal. In no case shall words like “we will comply with the requirements of the contract,” or equivalent statements, be acceptable to meet the requirements of this RFP. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. Use of documentation by reference, and not incorporated into the proposal, will not be allowed. Where cross-referencing is used, the volume, attachment, exhibit, and paragraph numbers, as appropriate, shall be referenced. Offerors shall provide separate responses to each technical evaluation factor within the identified page limitations. Offerors shall not exceed the page limitation by cross referencing other sections of their proposals. Failure to comply with these instructions may result in an offeror’s proposal being excluded from further consideration for award. Offerors shall submit with their proposals a list of names and telephone numbers of persons authorized to conduct negotiations.

L.1.3 The evaluation will consist of an evaluation of the Security Qualifying Criteria and Factors 1-3; Technical Capability, Past and Present Performance, and Price, which are outlined below. After completion of the evaluation, the Government may establish a competitive range and conduct discussions. The Government reserves the right for efficiency purposes to only include the most highly rated proposals in the competitive range. The Government intends to issue a single award as a result of this solicitation; however, the Government reserves the right to award more or less awards based upon the results of the proposal evaluations.

L.1.4 Proposals shall not contain classified information

L.1.5 Proposal Format. Format of the proposal volumes shall be as follows:

a. Text size shall be no smaller than Microsoft Word, Times New Roman, 10 point, uncompressed font, including in any tables, charts, graphs or figures.

b. Pages shall be one and one half spaced, with a minimum of one inch margins on all sides. Pages shall be dated and numbered sequentially by volume. A cover sheet should be included in each volume, clearly marked as to volume number, title, solicitation identification, and the offeror's name.

c. Elaborate format and color representations are not desirable.

d. Electronic copies must be provided via E-mail. Microsoft Office Word processing software and Excel spreadsheet software formats are required.

L.1.6 Proposal Submission Requirements.

Proposal Submissions Factor Electronic

Copies Maximum Number of

Pages

Contract Forms and Certification Volume 1 N/A 1 N/A

Qualifying Criteria Volume 2 Pass/Fail 1 N/A

Technical Capability Factor Volume 3 1 1 Twenty-five (25) pages*

Past Performance Factor Volume 4 2 1

Summary Page limited to one (1) page, Past

Performance Information Sheet limited to three (3) pages each contract/order;

No page limit to CPARS or

Past Performance Questionnaires

Price Volume 5 3 1 N/A *Inclusive of any title page, table of contents, photographs, maps, and/or diagrams, and/or acronym lists; See Section L.4

Contracts Forms and Certifications Volume 1

Pass/Fail Security Qualifying Criteria Volume 2

Factor 1 – Technical Capability Volume 3

Factor 2 – Past Performance Volume 4

Factor 3 – Price Volume 5

L.2 VOLUME 1-CONTRACT FORMS AND CERTIFICATIONS

L.2.1 Contract Forms and Certifications. Include the following data in Volume 1 in the format indicated.

a. Section 1 – Proposal cover letter or proposal cover page. Include names, office phone and facsimile numbers, if applicable, cell phone numbers, and e-mail addresses for proposal POCs. The Offeror shall either: (1) include statement on the offeror’s assent, without exception or imposition of condition, to the terms and conditions of the solicitation including addenda and any documents, provisions and clauses incorporated by reference; or (2) explicitly state any exceptions or assumptions to the terms or conditions of this solicitations from a technical or price perspective. Be advised that exceptions to any of the terms or conditions of this solicitation, additional conditions, or omission of material information required by this solicitation, may at the Government’s discretion render the submission ineligible for award. Finally, include statement on the offer validity period, no less than one hundred and twenty (120) days after solicitation closing date.

b. Section 2 – The original signature of an official authorized to contractually bind the offeror in the RFP;

Page 1, Block 30 of the SF 1449. The original signature of an official authorized to contractually bind the offeror in any RFP amendments; Page 1, Block 15 of the SF30.

c. Section 3 – Copy of completed provisions within the RFP for:

i. 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

ii. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

ALTERNATE I

iii. 5652.204-9004 FOREIGN PERSONS

L.2.2 The Government will review Volume 1 for completeness and that the offeror indicated that it is eligible for a Government contract based on the offeror’s responses to the representations, certifications, all contract forms, and other statements required by the solicitation. The offeror shall ensure all Contract Forms, Representations, and Certifications have been completed as required. Incomplete proposals regarding such items may render the proposal ineligible.

L.3 VOLUME 2 – SECURITY QUALIFYING CRITERIA (PASS/FAIL). Provide documentation evidencing the offeror holds an active Secret Facility Clearance as accredited by the Defense Security Service

(DSS).

L.2.1 Facility Clearance. The offeror must have an active Secret Facility Clearance as accredited by the Defense Security Service (DSS) as of solicitation closing date. The Government will review the offeror's submission and also verify the offeror’s clearance status and level in the DSS Industrial Security Facilities Database (ISFD) upon solicitation closing. This aspect of the proposal will be evaluated on a pass/fail basis as a preliminary step prior to completing the evaluation for Factors 1-3. Proposals which do not demonstrate the required facility clearances will NOT be further evaluated. Specifically, the Government will not evaluate the remaining Factors 1-3, and the Offeror will be ineligible for award as the Government considers a Fail rating in Security Qualification Criteria to be a material deficiency of the proposal.

L.4 VOLUME 3 – FACTOR 1 – Technical Capability. This section is limited to twenty-five (25) pages, inclusive of any title page, table of contents, acronym lists, and photographs, maps and/or diagrams as supporting documentation for offeror’s facilities described below.

L.4.1 The purpose of the Technical Capability Volume is to provide a concise summary of the offeror’s overall approach to support the 11MRIB Repair, Maintenance and Upgrades effort. It should address, at a minimum, the following areas regarding its Facilities, Equipment, Personnel and Capacity, for the prime and proposed subcontractors as applicable, to demonstrate ability to perform requirements of the Performance Work Statement

(PWS):

a. Location of the facilities and capability to accept 11M RIBs delivered by either land or water. Evidence of access to the identified facilities and equipment; if facilities and equipment are subcontracted, provide evidence of consent for use or access. Ref. PWS Sections 4.4.1 and 4.4.2.

b. Facilities size/square footage and the specific area(s) within the facilities that will be dedicated towards performance of work under this contract. The Government desires photographic images, maps, and/or diagrams illustrating facility floorplan/layout/usage scheme. Ref. PWS Sections 4.4.3, 4.4.4 and 4.4.5.

c. Evidence the offeror is authorized by United States Marine Inc. (USMI) to perform required services. Ref.

PWS Section 4.4.6.

d. Evidence the offeror is an authorized WING Inflatable Boats service center for collar/sponson repairs. Ref.

PWS Section 4.4.7.

e. Evidence of the offeror’s certifications/compliance with applicable NAVSEA TS500-AU-SPN-010 standards. Ref. PWS Section 4.4.8.

f. Capability to perform work on fiberglass, composite, Kevlar and gel coat materials. Ref. PWS Section 4.4.9.

g. The offeror’s project manager (or other equivalent by different title) for this contract, his/her pertinent qualifications, skills and experience to serve in this role, and his/her physical geographic work location.

Ref. PWS Section 4.4.10.

h. The offeror’s personnel anticipated to be used in performance of this contract; to include clear identification of personnel that will be dedicated full-time to this contract, and clear identification of personnel that will be part-time to this contract and the extent to which they will perform work under this contract. Identify the role(s) of the different employees as it relates to performance of this contract, and the pertinent qualifications, skills and experience of each employee to serve in their respective role(s). Include years’ experience per employee performing repair, maintenance and upgrades on the Naval Special Warfare (NSW) 11M RIB specifically or on other similar Naval or Coast Guard RIBs. Ref. PWS Section 4.4.11.

i. The offeror's capacity, in terms of both facilities and personnel, to meet the contract's anticipated volume of work within work completion deadlines specified by the PWS. Identify the offeror's capacity and approach to meeting both normal and surge conditions in a timely manner, while considering any of the offeror's competing work obligations. Ref PWS Sections 4.2, 4.3 and 4.4.12.

L.5 VOLUME 4 – FACTOR 2 – Past Performance

L.5.1 Contents. The offeror shall submit a Past Performance Proposal (Volume 4) containing the following:

1. Summary Page (limited to one (1) page) describing the role of the offeror and each major subcontractor, teaming partner, and/or joint venture partner during performance of this contract.

“Major subcontractor” is defined as performing 25% or greater of the total evaluated price. .

2. Past Performance Information Sheet providing POCs and describing the relevancy to this effort (Attachment 5).

3. Past Performance Questionnaire (Attachment 6), where applicable.

L.5.1.1 Past Performance Information Sheet (Attachment 5). Submit a maximum of four (4) past performance relevant and recent experiences, including associated CPARS where applicable. The Government defines “recent” as contracts that have been performed during the past three (3) years from the date of issuance of this solicitation, and have at least six (6) months performance within the last three (3) years from solicitation issuance. The Government desires at least one (1) information sheet from the prime contractor on this effort acting as a prime on the experience, and at least one (1) information sheet from each major subcontractor. The Past Performance Information Sheet for each experience is limited to three (3) pages, and shall reference only one contract/order per Sheet. The offeror shall complete the Sheet in its entirety, including current and accurate points of contact (POCs) for each contract/order identified. POCs could include contracting officer’s representatives (CORs), program managers, end users, contracting officers, other Government agency representatives and/or commercial customers.

Offerors are cautioned that the Government may use information obtained from other sources for the evaluation of past performance, including references and information not identified by the Offeror. The Government reserves the right to limit the number of references it decides to contact.

L.5.1.1.1 Past Performance Questionnaire (Attachment 6). If there is no associated CPARS for the experience, the Offeror shall forward the Past Performance Questionnaire (Attachment 6) to the offeror’s POCs. Offerors are to request their POCs to submit the completed questionnaire directly to the contracting officer prior to the closing of the solicitation. The Government retains discretion but is not required to consider Past Performance Questionnaires received after the proposal submission due date. Any questionnaires received after the solicitation closing may not be considered by the Government for purposes of the Factor 2 – Past Performance evaluation and rating. At its discretion, the Government may also use the Past Performance Questionnaire to contact sources for additional information, where appropriate.

L.5.1.2 Relevant Contracts. Relevancy will be determined based on the degree to which the submitted experiences are relevant to this effort concerning scope (e.g., PWS work package sections, specific work with 11M RIBs), magnitude (e.g., dollar amount), and complexity (e.g., concurrent work on multiple vessels similar to those in PWS for multiple customers). The more the overall effort is similar in all areas, the more relevant it becomes. In determining relevancy for experiences involving work performed by the prime and/or proposed subcontractors on this effort, the Government may consider the area of expertise the prime or subcontractor is projected to actually perform under this effort. The Government considers in descending order of relevancy, (1) experience performing repair, maintenance and upgrades on the Naval Special Warfare 11M RIB, (2) experience performing repair, maintenance and upgrades on Navy or Coast Guard RIBs, and (3) experience performing repair, maintenance and upgrades on other similar vessels. The Government does not assume the duty to search for data to cure any problems it finds in the past performance information provided by the Offeror; the burden of providing thorough and complete relevant past performance information remains with the Offeror.

L.6 VOLUME 5 – FACTOR 3 – Price

L.6.1 The offeror shall submit a fully completed Attachment 2 – Exhibit Line Item Number (ELIN) spreadsheet within the Microsoft Excel spreadsheet format provided by the Government. All prices will be provided as a Firm Fixed Price, therefore all proposed prices shall be inclusive of all direct (i.e., direct labor, material, travel, and other direct costs) and associated indirect costs plus fee related to each Exhibit Line Item Number (ELIN) price. ELINs are segregated by five (5) ordering periods lasting one year each, with pricing applicable based on the date of task order issuance. The total evaluated price will be automatically formulated by the Microsoft Excel spreadsheet provided by the Government, by calculating the offeror’s proposed pricing against the Government’s estimated quantities for the total life of the contract, to include the value of the option at FAR 52.217-8 calculated at 50% of the value of ordering period five. The offer shall not alter formulas in the Microsoft Excel spreadsheet provided by the Government. Failure to comply with this instruction may result in the offeror’s proposal no longer being considered for award.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The factors listed in the 52.212-2 Addenda below shall be used to evaluate offers.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-2 ADDENDA-- EVALUATION--COMMERCIAL ITEMS

M.1 Best Value Introduction. This section outlines the criteria the Government will use in evaluating the offeror’s capabilities and proposals for the 11MRIB Repair, Maintenance and Upgrades contract. The Government will compare each offeror’s capabilities and proposal elements against the predetermined evaluation criteria related to the Government’s requirement defined herein. This is a competitive, best value, source selection that will be conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) Part 15 and Defense Federal Acquisition Regulation Supplement (DFARS) Part 215.

Discussions. IAW FAR 52.212-1(g), the Government intends to evaluate proposals and award a contract without discussions. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Offerors may be asked to clarify certain aspects of their Technical, Past Performance, Price proposal. Exchanges conducted with regard to adverse past performance, or to resolve minor or clerical errors in any of the proposal volumes will not constitute discussions, and the Procurement Contracting Officer (PCO) reserves the right to award a contract without granting an opportunity to revise the original proposal.

While the Government Source Selection Evaluation Board (SSEB) and the Source Selection Authority (SSA) will strive for maximum objectivity, the source selection process, by its nature, is subjective, and therefore, professional judgment is implicit throughout the entire process. This may result in an award being made to a higher rated, higher priced Offeror where the decision is consistent with the evaluation factors and the SSA reasonably determines that the technical superiority, and/or superior past performance, of the higher priced Offeror outweighs the price difference. The SSA will base the source selection decision on an integrated assessment of proposals against all source selection criteria in the solicitation. The SSA will not qualitatively assess or compare Pass/Fail Security Qualifying Criteria, and will only verify whether an Offeror received a Pass for this subfactor. Proposals receiving a Fail will be ineligible for award

M.1.1 Best Value Evaluation. Security Qualifying Criteria is evaluated on a pass or fail basis. A Fail rating renders the proposal ineligible for award and the Government will not further evaluate the remainder of the technical or price/cost proposal. Technical Capability will be evaluated using a combined Technical/Risk Rating using the DOD Source Selection Guide adjectival rating technique. Past Performance will receive an overall confidence level rating. The Price Factor will not be given an adjectival rating or scored. Technical Capability (Factor 1) and Past Performance (Factor 2) are of equal importance and when combined are significantly more important than Price (Factor 3). The importance of price as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors. When the Offerors within the competitive range are considered essentially equal in terms of technical capability and/or past performance, or when price is so significantly high as to diminish the value of the technical or past performance superiority to the Government, price may become the determining factor for award. In summary, price/technical trade-offs will be made, and the extent to which one may be sacrificed for the other is governed only by the tests of rationality and consistency with the established evaluation factors.

Qualifying Criteria n/a Pass/Fail Technical Capability Factor 1 Technical/Risk

Past Performance Factor 2 Confidence Rating Price Factor 3 Total Evaluated Price

Contract Forms and Certifications Volume 1

Pass/Fail Security Qualifying Criteria Volume 2

Factor 1 –Technical Capability Volume 3

Factor 2 – Past and Present Performance Volume 4

Factor 3 – Price Volume 5

M.2 SECURITY QUALIFYING CRITERIA. The Government intends to verify in the DSS Industrial Security Facilities Database (ISFD) whether the Prime offeror possesses an active Secret Facility Clearance as of solicitation closing date. If the offeror lacks such clearance, the offeror will receive a “Fail,” and not be evaluated further.

M.3 FACTOR 1: Technical Capability. Under the Technical Capability Factor, the Government will evaluate the offeror’s overall approach to support the 11MRIB Repair, Maintenance and Upgrades effort. Specifically, the Government will evaluate the extent to which the Offeror demonstrates overall technical capability, merit or experience to successfully perform the Performance Work Statement (PWS) requirements, while considering the Offeror’s proposed facilities, equipment, personnel, and capacity against the requirements contained within the

PWS.

Evaluation of this factor shall focus on the strengths, deficiencies, significant weaknesses, and weaknesses of the offeror’s proposal. Evaluation of risk associated with the offeror’s proposal is inherent in the evaluation. Note that if an offeror’s proposal demonstrates a material failure to meet a Government requirement, it is a deficiency in the offeror’s proposal. The Government will compare each offeror’s technical proposal against the Government’s requirements identified within this solicitation and assign a single Combined Technical/Risk Rating to Factor 1 - Technical Capability, as shown in the Table 1 below.

Table 1. Combined Technical (Color) and Risk Ratings Color Rating Description Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths.

Risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

Table 2. Definitions DEFICIENCY Is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable.

WEAKNESS Means a flaw in the proposal that increases the risk of unsuccessful contract performance.

SIGNIFICANT WEAKNESS Means a flaw that appreciably increases the risk of unsuccessful contract performance.

RISK As it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieve the technical factor or subfactor may involve risk of disruption of schedule or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

STRENGTH

Is an aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Regarding evaluation ratings and findings listed above, since it is impossible to anticipate the nature of each Offeror’s proposal in advance or to describe all the qualities and considerations that could result in one of the above definitions, these definitions should be looked upon as examples of typical characteristics, and will be used as a guide or reference rather than a rigid measure to be followed word-for-word. Evaluators will be instructed to select the rating/definition that most closely fits the value or desirability of the Offeror’s proposed performance.

M.4 FACTOR 2: Past Performance. The Government will evaluate the Offeror’s probability of meeting the contract requirements considering recency, relevancy, and quality of the Offeror’s record of past performance. The government will consider the holistic nature of the offeror’s record in assessing a confidence assessment rating at the Factor level. The performance evaluation will be based on the data in the Offeror’s proposal, Past Performance Information Sheets (Attachment 5), Past Performance Questionnaires (Attachment 6) and CPARS reports as available through the Past Performance Information Retrieval System. The Government is not limited to these resources.

With respect to Recency, the Government will assign a rating of Recent or Not Recent to each contract/order in accordance with the Recency ratings in Table 2 below. The Government will not evaluate past performance submissions that are not recent.

Table 3. Relevancy Ratings

Recent Contracts/orders performed within the last three (3) years from date of solicitation issuance, and have at least six (6) months of performance within the three (3) years since solicitation issuance.

Not Recent Contracts/orders performed outside the last three (3) years since solicitation issuance, or has less than six (6) months of performance within three (3) years since solicitation issuance.

With respect to Relevancy, the Government will assign a Relevancy rating to each contract/order in accordance with the Relevancy ratings in in Table 4 below.

Table 4. Relevancy Ratings

Very Relevant (VR) Present/Past Performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant (R) Present/Past Performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant (SR) Present/Past Performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant (NR) Present/Past Performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The Performance Confidence Assessment is based upon the evaluation of the Offeror’s relevancy and quality of recent past performance. With respect to quality, the Government will evaluate the extent of customer satisfaction with the services previously provided, as documented on CPARS, or other feedback received. Evaluation of the offeror’s quality of past performance will be considered in assigning the Performance Confidence Assessment and the Government will not assign separate quality ratings. More relevant performance will have a greater impact on the Performance Confidence Assessment than less relevant effort. A strong record of relevant past performance may receive a higher confidence rating and be considered more favorably than a less relevant record of favorable performance. The Government will assign to Factor 2 a single Performance Confidence Assessment Rating, as shown in the Table 5 below. The Performance Confidence Assessment Rating is the overall rating for the Past Performance factor.

Neutral Rating: Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and as a result, will receive a “neutral” rating. A strong past performance record may be considered more advantageous to the Government than a neutral/unknown confidence past performance rating. Offerors are advised that the Source Selection Authority may determine, that a "Substantial Confidence" or "Satisfactory Confidence" past performance rating is worth more than a "Neutral Confidence" past performance rating in a best value tradeoff.

M.5 FACTOR 3: Price Factor Evaluation

Table 5. Performance Confidence Assessments

Rating Description

Substantial Confidence Based on the offeror’s recent/relevant performance record, the government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the government has no expectation that the Offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

M.5.1 FACTOR 3: Price. Price will be evaluated in order to determine that the total evaluated price (TEP) is fair and reasonable IAW FAR 15.404 based on a comparison of the Offerors’ prices at the TEP level, using adequate price competition in accordance with FAR 15.404(b)(2)(i). The Attachment 2 – Exhibit Line Item Number (ELIN) spreadsheet will also be evaluated for completeness on each ELIN, and for evidence of unbalanced pricing in accordance with FAR 15.404‑1(g)(1). The Government reserves the right to use other price analysis techniques and procedures, if deemed necessary, to ensure a fair and reasonable price. Price will not receive a color rating or score.

The Government is not performing price or cost realism, and will conduct price analysis to assess whether prices are excessively high.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” 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).

https://www.acquisition.gov/ https://www.sam.gov/portal

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.