TREX 3 DRAFT RFP Section H.docx

Section H - Special Contract Requirements

SECTION H

Section H - Special Contract Requirements

SECTION H TABLE OF CONTENTS

Section H Table of Contents

H.1 Exclusive and Cross Teaming Prohibitions

(a) Definition. An exclusive teaming arrangement is created when two or more companies agree, through understandings, or by any other means to team together to pursue the TREX MAC IDIQ procurement program, and further agree not to team with any competitors for that program.

(b) Prohibition. Prime Contractors are prohibited from entering into and/or maintaining any exclusive teaming arrangements that will affect the TREX MAC IDIQ. USSOCOM has determined that such arrangements unduly limit competition and do not provide the best value to the Government. Corporate or company capabilities below the prime-level essential to contract performance must be made available on fair and equitable terms to all competitors. The Government will direct the dissolution of any exclusive teaming arrangement which the Contracting Officer discovers, or prohibit the contractor from award consideration for future DO/TOs.

(c) Cross Teaming. Teaming arrangements in which Prime Contractors participate as a subcontractor/team member with another Prime Contractor are not authorized under this contract.

H.2 Organizational Conflict Of Interest In addition to the OCI requirements outlined with FAR 9.5 the following restrictions apply to this contract.

(a) SOF AT&L Services Support (via GSA OASIS Small Business Pool 1): In the event that SOF AT&L Services Support is awarded before TREX, then the awardee shall immediately notify the TREX Contracting Officer in writing that they will immediately (within 1 business day) withdraw their proposal from consideration. In the event that TREX is awarded before SOF AT&L Services Support, then the awardee shall immediately notify the TREX Contracting Officer in writing that they will immediately (within 1 business day) request a no cost termination of their TREX IDIQ contract if they are awarded a SOF AT&L Services Support award.

(b) The TREX contractor shall not award a subcontract to a company that, in performing as a prime contractor or major subcontractor on a Delivery Order/Task Order (DO/TO) under other HQ SOCOM contracts (such as SOFSA GLSS, SOF AT&L Services Support, SWMS Group A, SWMS Group C, SITEC, or SITEC II), has participated in the following activities for any TREX requirement: requirements generation, requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, or statement of work preparation.

(c) The term "contractor" herein used means:

(1) The organization entering into this contract with the Government;

(2) All business organizations with which it merges, joins or affiliates, now or in the future, and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of;

(3) Its parent organization (if any), and any of its present or future subsidiaries, associates, affiliates; and, (4) Any organization or enterprise over which it has direct or indirect control (now or in the future).

(d) “Affiliates” means concerns and entities where one controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists.

(e) Government representatives shall have access to the contractor's premises and the right to inspect all pertinent books and records in order to ensure that the contractor is in compliance with Subpart 9.5 of the FAR and this provision.

(f) If the contractor, after award, discovers a potential organizational conflict of interest, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the issue(s) that constitute the potential OCI, how the issues originated, the actions the contractor has taken or proposes to take to avoid or mitigate the conflict, and any other pertinent information that would assist the Contracting Officer in making a determination on this matter. Upon timely disclosure from the contractor, the Government shall review a potential conflict on a case-by-case basis and issue a written decision in response. Notwithstanding the aforementioned contractor notification, the Government may terminate this contract for the convenience of the Government if determined to be in the best interest of the Government.

(g) The Government may waive application of this clause when it is determined to be in the best interest of the Government to do so.

H.3 Original Equipment Manufacturers (OEM) Prohibition

(a) Prime Contractors are prohibited from being an OEM of any equipment being procured under this contract. For purposes of this clause, an OEM is a company that;

(1) Manufactures a product procured under TREX with its brand name, or

(2) Resells another manufacturer’s product procured under TREX by rebranding that product to its own name and offering its own warranty, support, and licensing of the product, or

(3) Acquires a product or components and reuses or incorporates them into a new product procured under TREX with its own brand name, issuing the product its own part number.

(b) For the purpose of this clause, the term “contractor” is defined under H.2(c). For purposes of this contract, an affiliation based upon a third party having control over two (or more) companies, and where at least one of the companies meets the definition of OEM defined in paragraph (a) above, does not in and of itself define both companies as OEMs, as long as the following conditions are met as determined by the Contracting Officer:

(1) Companies under the third party control remain separate legal entities with separate business systems, operating completely independent of each other,

(c) If the contractor, after award, becomes affiliated with an OEM through a third party, and meets the criteria in paragraph (b) above, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the how and when the new affiliation was created, a detailed description that demonstrates how the affiliation meets the criteria outlined in paragraph (b) above, and any other pertinent information that would assist the Contracting Officer in making a determination on this matter. Upon timely disclosure from the contractor, the Government shall review the information on a case-by-case basis and issue a written decision in response. In addition to the provided information, the Contracting Officer will consider the degree of risk to maintaining fair competition across all prime contractors and administrative burden generated by this new affiliation (i.e. volume of that particular OEM’s equipment purchased under TREX, dollar value, how many orders would have to be analyzed to ensure reasonable pricing was offered by the OEM to all prime contractors, etc.) in order to determine if they meet or do not meet the definition of OEM based on the new affiliation.

(d) Notwithstanding the aforementioned contractor notification, the Government may terminate this contract for the convenience of the Government if determined to be in the best interest of the Government.

H.4 Protecting and Handling Proprietary Information

(a) During contract performance the contractor may, either directly or through the Government, receive proprietary technical data and computer software (hereafter “proprietary information") of other contractors. The contractor shall protect such proprietary information with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. Proprietary information shall not be duplicated, used or disclosed in whole or in part, without prior permission of the Government, for any purpose other than to perform this contract. This restriction does not limit the contractor's right to use, duplicate or disclose such information if such information was lawfully obtained by the contractor from other sources.

(b) The contractor shall enter into written agreements with all companies whose proprietary information it receives. In addition, the contractor shall obtain individual non-disclosure agreements (NDA) from all employees who have access to such data. The contractor shall furnish to the Contracting Officer Representative (COR) copies of these NDAs. It is not the responsibility of the Government to request or be involved with drafting these NDAs.

(c) The contractor shall include this provision, including this paragraph, in subcontracts of any tier which involve access to information covered in paragraph (a) above. The use of this clause in such subcontracts shall be read by substituting the word "subcontractor" for the word "contractor" wherever the latter appears.

H.5 SOFARS 5652.204-9003 Disclosure of Unclassified Information (2023)

1. The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). See DoD Manual 5400.07, Freedom of Information Act Program, dated 25 January 2017 paragraph 5.2 c. (2)(a), In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, email, text, conversation, social media, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by the Contracting Officer.

1. That contractor shall submit a written request for approval and shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 60 days before the proposed date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Officer.

The Contractor shall include a similar requirement to this clause in each subcontract under this contract to affect this requirement at each level of subcontracting. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.

1. The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any manner or medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by the Contracting Officer. A written request for use of the USSOCOM emblem or logo shall be submitted to Contracting Officer at least 60 days before proposed use. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

H.6 Contractor Identification and Security Requirements, Also reference Base IDIQ SOW, Section 4.1

1. The Contracting Officer intends to issue DO/TOs whose scope of effort will be in support of classified programs. In order to be eligible to provide support to classified programs, prime contractors must be cleared at the TOP SECRET level at the start of the task. Contractors will require access to Communications Security (COMSEC), Sensitive Compartmented Information (SCI), Special Access Program (SAP), Foreign Government Information (FGI) and Alternative Compensatory Control Measures (ACCM) material/information in performance of this effort. At the discretion of the government, selected individuals supporting this contract/task order will require access to Special Access Program information. Access to SAP information requires the requisite security clearance based on a security investigation with a date less than 5 years old and requires employees to undergo additional personnel security screening meeting the DoD SAP-accessing directives and policies. Contractor will not require access to government computer systems. Contractor is not authorized to courier classified information. The Contractor shall ensure requirements for safeguarding classified information and classified materials, for obtaining and verifying personnel security clearances, for verifying security clearances and indoctrination of visitors, for controlling access to restricted areas, for protecting Government property, and for the security of automated and non-automated management information terminals and data are fulfilled. The Contractor's management terminal shall prevent unauthorized disclosure of classified and sensitive unclassified information. The Government shall be immediately notified if any security incident or any indication of a potential unauthorized disclosure or compromise of classified or sensitive unclassified information. Therefore, contractors must be prepared to propose on efforts requiring higher security requirements at the DO/TO levels as issued. At this time all TS/SCI is performed on site.

1. Where classified information/data is involved, the contractor shall comply with the “National Industrial Security Program Operating Manual (NISPOM)” and the DD Form 254 (Contract Security Classification Specification) that is included as an attachment in Section J. (Ref FAR 52.204-2)

1. The contractor will be required to comply with all security requirements enforced by the applicable sponsoring Government agency. In accordance with DoD 5200.2-R, Personal Security Program, contractor personnel shall have as a minimum a favorable National Agency Check (NAC) completed before being permitted access to any Government automated information technology system.

1. When directed by the Contracting Officer, the contractor shall remove any employee who endangers national security. Removal shall not be a direct charge to the Government.

1. Contractor employees shall obtain and display identification/security badges to obtain access to any Government installation and any buildings used by the contractor. Contractor employees shall wear a Government-issued badge while in Government facilities. For both picture and non-picture badges, the contractor shall submit all required information (date of visit, name, PCO, SSAN, Category (Ktr=Industry), and Clearance Information) to the Security Management Office and notify the PCO that a badge request has been submitted via JPAS. For annual badge renewals or multiple person requests it is recommended that the names submitted to the SMO and PCO be grouped by type of badge (i.e picture badge or non-picture badge). Note: Please only submit requests for picture badges for those contractor employees that will be in a Government facility regularly (i.e. two to three times or more per week). Contractor employees are required to clearly identify themselves as a contractor at all times whether in person, on the telephone, on written correspondence, and in electronic correspondence. Further, sub-contractor employees must identify their respective prime contractors. If a contractor employee leaves the company or moves to a different agency for support under this contract they will be required to "check-out" with their Government representative (COR) and turn their badge into the Security Management Office (SMO) and clear all computer systems to which they have access. Security clearances will be processed IAW established procedures, and will be the responsibility of the contractor.

1. The Government (DISCO) shall have and exercise full and complete control over granting, denying, withholding, or terminating security clearances for contractor employees. Furthermore, the Government reserves the right to grant personnel temporary security clearances in emergency situations. However, this shall incur no obligation on behalf of the Government to grant any of these personnel permanent clearances if the subsequent background investigation does not recommend the clearance.

1. The contractor’s employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within their contractor-owned vehicle or privately owned vehicle while on any Government installation except IAW 252.225-7040 - CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT 2023).

1. The contractor shall control access to all Government provided lock combinations to preclude unauthorized entry. The contractor is not authorized to record lock combinations without written approval by the Government. Records with written combination(s) to authorized secure storage containers, secure storage rooms or certified vaults, shall be marked and safeguarded at the highest classification level as the classified material(s) maintained inside the approved containers.

1. Contractor employees working within government facilities are required to attend/complete all command required security course (newcomers, Information Security, LAN, etc.). Prior to traveling outside of the U.S. on leave or temporary duty (TDY), contractor personnel must also receive anti-terrorism awareness training and threat briefings for their intended destination. Prime contractors are responsible for ensuring that their team members/subcontractors attend this required training.

H.7 RESERVED

H.8 Exercise of “Off Ramp” Procedures To ensure success of the TREX Program, each TREX prime Contractor is required to participate in the ordering process by submitting proposals in response to all DO/TO requests for proposals, to successfully perform their DO/TOs, and to promptly improve performance when it does not meet the terms of the DO/TOs. In order to achieve the Government's goal of maximum competition under this IDIQ for all DO/TOs, the annual assessment of performance will also take into consideration the number, value, and complexity of work assigned to each holder and amount of competition achieved.

On an annual basis, the Government will review the Contractor's performance based upon information obtained from all evaluation areas in the Contractor Performance Assessment Reports in CPARS. If a prime Contractor receives "marginal" or "unsatisfactory" CPAR ratings in any assessment area it is the Government’s intent to “off-ramp” the Contractor by:

(a) Prohibiting the contractor from competing on future DO/TOs under this IDIQ;

(b) Implementing a termination for convenience (if applicable and only if such action is in the Government’s best interest); or

(c) Taking any other action which may be permitted under the TREX Contract’s terms and conditions.

H.9 OCONUS Support Over the life of this contract, the contractor may be required to provide full-time support OCONUS. In addition to the required full-time support, the contractor may be required to support OCONUS TDY’s and deployments, as approved. The contractor shall comply with any theater business clearance and contract administration requirements set forth by the geographic combatant commander and host nation.

Bilateral agreements that govern the status of contractor employees, criminal jurisdiction, and taxation, as well as country clearance requirements vary by country and are subject to change. Procedures and requirements, by Area of Responsibility (AOR) and country can be found at https://www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html and the DoD Foreign Clearance Guide: https://www.fcg.pentagon.mil/fcg.cfm.

(a) For work performed in Germany, eligibility for logistics support or base privileges of contractor employees is governed by U.S.-German bilateral agreements. Follow the procedures at Army in Europe Regulation 715-9, available at http://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html under “AE Regs & Resources.” The contractor shall ensure the Technical Expert Status Accreditation (TESA) requirements and application process are completed.

(b) For work performed in the United Kingdom, visas are required before PCSing to the UK. Failure to obtain a UK visa before arriving in the UK can result in denied entry or deportation. The UK visa, sometimes referred to as “entry stamp”, “entry visa”, “entry clearance”, “entry clearance stamp”, or “entry clearance visa” (which is separate from Country, Theater, or Special Area Clearance) must be obtained from the UK and is required for DoD-sponsored contractors and eligible family members.

(c) For work performed in Japan and Korea reference the Foreign Clearance Guide. For Japan, currently worked performed under this contract are covered by SOFA. For Korea, the U.S. Forces Korea (USFK) Policy Guidance/Instructions must be followed (Reference Section I - Contract Clauses SOFA Korea Clause).

H.9.1 Synchronized Pre-deployment and Operational Tracker (SPOT) All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Pre-deployment and Operational Tracker (SPOT) Program located at https://spot.dmdc.mil/. Per DFARS 252.225-7040. All prime contracts will be pre-loaded in SPOT by the KO. All contractors will be required to input the LOA requests per task order (TO), per employee in SPOT and send to the applicable COR for that TO. After COR approval the KO will finalize and sign the LOA in SPOT.

The prime contractors will each have a Point of Contact that will process the LOAs within the SPOT system. The COR will be assigned as the Government Authority and the Contracting Officer (KO) approves the LOA within the system. A complete SPOT guide will be provided via email to all prime contractors for assistance.

The basic process for LOA's is three steps:

Step 1: COR registers in SPOT in the role of Government Authority and lists the Contracting Officer as the sponsor.

Step 2: All prime contracts will be loaded in SPOT by SOF AT&L-KH; we will pre-load authorizations, privileges per the contract, etc. and ensure all CORs are in the SPOT system.

Step 3: An LOA is requested as part of creating a deployment (from contractor) at the TO level. The LOA is assigned to a Government Authority user (the COR).

Step 4: The Government Authority (COR) reviews the LOA inbox and authorizes the LOA.

Step 5: The Contracting Officer then reviews the LOA, inserts the accounting data from the TO, and approves. Once the KO approves the LOA it is digitally signed and available to be reviewed and printed.

H.9.2 Theater Business Clearance Clauses In accordance with DoD Policy and the CENTCOM Contracting Command (formerly the JCC-I/A), Theater Business Clearance (TBC) is required for contractor support in Iraq, Afghanistan, Pakistan, and Kuwait. TBC approval will be obtained by the Government prior to award. No action is required on the part of the prime contractor to receive approval. Specific TBC clauses are included within contract Attachment 7.

H.10 Procedures for Issuing, Evaluating, and Awarding DO/TOs (SOFARS 5652.216-9003 Procedures for Issuing DO/TO under Multiple Award, Indefinite Delivery-Indefinite Quantity Contracts (2020))

General.

This contract is designed to meet the wide and varied needs of USSOCOM. As such, both Firm Fixed Price (FFP) and Cost Type (i.e. Cost Plus Fixed Fee (CPFF) and/or Cost Reimbursable (CR)) DO/TOs may be awarded under this contract however, FFP will be the preferred contract type. The Government will determine the most appropriate DO/TO contract type for each effort. The Government may unilaterally deviate from these procedures at any time as required. The Government intends to award the first four orders, based on the four DO/TO proposals submitted with the contract proposal shortly after the prime awards are made and further discussions are not anticipated for the initial four DO/TO awards. The basis of award of the four initial DO/TOs will be in accordance with H.10.3. The Contractor shall perform in accordance with the awarded DO/TO including all terms and conditions of the basic contract and any additional specific information awarded at the order level. DO/TOs may include option years and/or options for additional quantities as appropriate. The process for exercising DO/TO options is included in H.10.5.

H.10.1 Government Request for Order Proposals (Content and Transmission) When the Government has a requirement for work to be performed, the KO will issue an RFP containing: (1) an Instruction to Offerors (ITO) providing instructions for proposal submissions and general guidance (2) the work to be performed via Statement of Work or other document that describes the Government’s requirements; (3) a Price Exhibit and (3) any other information considered to be of assistance to the Contractor in preparing a proposal. The RFP may be written or oral, and may be transmitted by any means including the mail, internet, e-mail, telephone, fax (unclassified or secure), or face-to-face. Unless otherwise specified in the ITO, the contractor shall have 10 business days to submit its proposal.

Waivers.

Contractors are required to submit a proposal for every requirement solicited without conflict unless granted a waiver in advance by the KO. The Contractor can request a waiver by submitting a detailed statement supporting the request to the KO. All detailed statements are required to be submitted to the KO prior to the required proposal submission date/time. The only valid means for an awardee to not submit a proposal is to be granted a waiver by the KO. Fast submission timelines does not constitute a valid reason for not providing a detailed statement of reason(s) in requesting a waiver.

Obligations.

Issuance of an RFP does not obligate the Government to issue DO/TOs under this contract, nor does it authorize the contractor to perform any work pursuant to such RFP prior to the contractor’s receipt of an authorized Notice to Proceed by a warranted Contracting Officer or issuance of a formal DO/TO.

Urgent Requirements/Quick Reaction.

Some requirements may require 1 – 5 business day submission timelines (quick reaction orders, urgent or unplanned requirements, etc.). In the event of an urgent requirement, the Contractor shall provide a written proposal within the timeframe specified by the KO in the specified format.

Ordering Authority.

DO/TOs under this IDIQ will be issued only by SOF AT&L-KI Division and its KOs are responsible for the overall contract and all DO/TOs. Ordering Authority has been NOT been granted to any other SOF AT&L-K Division.

H.10.2 Submission of Order Proposals All proposal submissions are required to be emailed, unless otherwise stated in the ITO or contains classified information.

H.10.2.1 Standard Requirements for all order Proposals Formats and File Naming Conventions:

All DO/TO proposal submissions require a very short naming convention in order for the Contracting Office to open the documents within the official electronic contract files. All file names shall include the company name (or easily recognizable abbreviation).

Format of the proposal submissions (and any resulting responses to Evaluations Notices (ENs)) shall be as follows:

0. Text size shall be no smaller than what is equivalent to Microsoft Word, Times New Roman, 11 point, uncompressed font.

0. Pages (to include Cover Pages) shall be single sided, one and one half spaced, with a minimum of one inch margins on all sides.

0. Text size and spacing requirements do not apply to header and footer text.

0. Pages shall be dated and numbered sequentially by volume. All documents identified in L.0.12 as excluded from the identified Volume page count shall be provided at the end of the applicable Volume and distinguished by adding “unlimited” after the page number.

0. Proposal table of contents, cover page, acronym lists, compliance matrices, and tab dividers are not included in the page count.

0. Elaborate format, color representations, and bindings are not desirable. Three ring binders are preferred per Volume for required print copies. The pages in the binders shall be easily removed and replaced to facilitate page changes.

0. Legible tables, charts, graphs and figures shall be used when necessary to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, may be single spaced, and shall not exceed 11 by 17 inches in size. Foldout pages shall fold entirely within the Volume, and count as two pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics; not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 8 point Arial font.

0. Electronic copies must be provided on compact disks, read-only memory. Microsoft Office presentation and spreadsheet products are preferred. PDF files where Microsoft Office formats are not available are acceptable.

H.10.2.2 Proposal Content Unless the ITO indicates otherwise, proposals will consist of a technical volume and a cost/price volume. Alternate DO/TO proposals are only allowed if stated in the ITO. All proposals shall have a validity period stated on the proposal. A minimum of 30 days after proposal submission is required, unless otherwise stated on the ITO.

Technical Volume:

The offeror shall submit a technical proposal describing the Contractor’s Management approach to meet the applicable DO/TO SOW and Exhibit requirements. The management approach shall clearly address the following areas: How the offeror will purchase, integrate (as applicable per DO/TO), and deliver the equipment to include a corresponding schedule depicting by Exhibit Line Item Numbers (ELINS) each of these steps, meeting the required delivery due date outlined in the ITO. Additionally, the schedule shall include a proposed Contract Line Item Number (CLIN) structure depicting how the offeror plans to deliver and eventually invoice for all ELINs. When partial shipments are authorized per the ITO, proposed schedules should be mindful of resource constraints and consolidated where able (i.e., by proposed ship date, delivery date, etc.). The schedules shall adhere to payment terms and invoicing processes listed in the Base IDIQ and ITO.

In addition, offerors shall perform detailed configuration management of the equipment items listed IAW the Illustrated Parts Breakdown (IPB)s provided (as applicable). Offerors shall identify any discrepancies, to include changes in equipment configurations provided in the IPBs or Exhibit, and shall resolve any missing / incomplete information from this information provided with the vendor(s) / supplier(s) who is(are) responsible for the end item(s). Offerors shall provide the corrected data elements, configuration file updates, pictures of new equipment, etc. (as required) in order to provide a complete response. A confirmation statement shall be provided to ensure that all proposed configurations include all required hardware as outlined in each DO/TO Exhibit and IPB. Offerors shall address any additional requirements specifically outlined in the ITO, such as brand name “or equal”, warranties, etc. If the ITO requires a completed Section J, Attachment J-6, Warranty Tracking Information, this document shall be provided separately in Microsoft Excel 2013 format and is excluded from the page count for the Technical Volume.

Cost/Price – The offerors shall submit a cost/price proposal, which shall include pricing for all ELINS listed on the Exhibit as well as a total. Offerors shall not re-format, delete existing formulas, or remove cells from the exhibit. All cells containing cost/price shall be rounded to two decimal places. Submission of the cost/price data shall be complete and accurate. Each ITO will inform offerors of the contract type. Some ELINS include the individual components required in a Kit. Offerors shall submit pricing for those individual components in addition to the total ELIN (kit) price. In the event an offeror is unable to provide individual component pricing for an ELIN, the offeror shall submit a detailed request (to include proof – Quote, Confirmation statement from OEM, etc.) explaining why they can’t provide this pricing to the Contracting Officer during the solicitation phase to waive this requirement on a component by component basis. Only the total ELIN price shall be included within the total DO/TO price. Offerors shall submit pricing for all ELINS as well as a total price per DO/TO.

Offerors are required to validate at the time of proposal submission that the items identified on the ELIN Price Matrix are available for purchase in the required quantities (i.e. will not be determined “end of life” prior to delivery, full quantities are not available, etc.), . In the event items will not be available for delivery, the Offeror shall include in the Cost/Price Volume a completed Errata Sheet identifying each affected ELIN/Component/Subcomponent/item. If no items are identified, insert “NO ITEMS IDENTIFIED” on the Errata Sheet. If no Errata Sheet is included in the proposal the offeror will be ineligible for award.

SOCOM will not incorporate, attach, or otherwise reference an offeror’s proposal in any subsequent award. Dictating terms not listed or in violation of the Base IDIQ, ITO, or other requirement documents will result in an evaluation determination of “Technically Unacceptable” (If LPTA) or be evaluated as a Deficiency (If Tradeoff).

FFP Orders:

Price shall be inclusive of all direct (i.e., direct labor, material, travel, and ODC) and associated indirect costs plus profit related to the DO/TO. All ELIN equipment unit prices must reflect all costs associated with the purchase, inspection, test, documentation, and shipment of hardware or software. Requests for Subcontractor Quotes may be requested in the ITO.

Cost Orders:

Offeror shall submit information other than cost or pricing data. Offeror shall show a clear buildup of all direct and indirect costs being proposed, to include fee. Indirect proposed rates for labor shall be based upon the business unit’s forward pricing rate recommendations as approved by DCMA or forward pricing rate agreements that are in effect at the time of the task order RFP submission, if applicable. Requests for Subcontractor Quotes may be requested in the ITO.

H.10.3 Government Evaluation of Order Proposals The KO and the requiring activity will analyze the proposals and issue an order to the contractor whose offer provides the best value to the Government as described in the ITO. All order proposals shall contain all information required to conduct an overall order evaluation, including all details related to price or cost as applicable. If required, negotiations or discussions may be conducted prior to issuance of any order. The standard evaluation of orders will be a technical review of proposed approach to meet SOW requirements (technical proposal), past performance (TREX orders only beginning in the second contract year may be used; information will be pulled from CPARs), and proposed cost/price, unless other criteria are stated in the ITO.

The KO may:

· Issue a DO/TO based upon the initial proposal,

· Open discussions or negotiate with all or some offerors

· Reject the proposal(s), or

· Cancel the requirement and notify all offerors

DO/TOs will be sent electronically to the contractor.

If an Offeror submits a proposal volume that is over the maximum amount allowed per that volume, then the KO will start counting pages, beginning with the first page provided with the volume (not including a cover page). Once the maximum amount of pages has been reached, all remaining pages will be deleted/removed and the evaluation team will not evaluate them. Excess page removal may result in an unfavorable evaluation.

DEVIATION of H.10.3 Initial Four Delivery Orders Following IDIQ contract award the Government will determine the best value of the initial four delivery orders, based on the delivery order proposals and discussions conducted (if conducted) during the overall IDIQ source selection. The Government will utilize the same final color/risk ratings for Factor 3 and Final proposed price for Factor 4 per subfactor (order), determined for the IDIQ contract awards. For the initial four delivery orders, Delivery Order Management (Factor 3) is significantly less important than Delivery Order Price (Factor 4).

H.10.4 Authorization to Proceed (ATP) on Orders In time-critical circumstances, after award decision and prior to the Contractor’s receipt of the contractual instrument, the Contracting Officer may direct the Contractor in writing, verbally, or electronically, to commence performance of the DO/TO. If verbally authorized to proceed, it will be reiterated as soon as practical via electronic means by the KO. Otherwise, the Contractor is not authorized to commence performance prior to the issuance of the DO/TO or other written or electronic notice provided by the KO. In no case shall the Contractor commence work without explicit approval from the KO.

Contractors must ensure that all subcontracts and/or purchase orders (to include negotiation of terms and conditions, prices, etc.) are finalized and issued to the necessary OEM, vendors, and/or suppliers in order to meet the requirements of the applicable DO/TO within 30 calendar days after receipt of either the signed DO/TO or official ATP from the KO (whichever occurs first).

H.10.5 Option Exercises at the Order Level will be accomplished in accordance with FAR subpart 17.207.

DO/TO option periods will be outlined in each DO/TO ITO. In accordance with FAR 17.207 the Contracting Officer must make certain determinations prior to exercising any options. Accordingly, prior to exercising a DO/TO option the contractor may be required to provide supporting data (e.g. market research, pricing data) to assist the Contracting Officer with the determinations.

H.10.6 Order Completion Within 90 days after the completion of FFP DO/TOs, an authorized representative of the contractor shall certify in writing to the Contracting Officer that the DO/TO is completely billed, remaining dollars of said amount can be de-obligated (if applicable) and all deliverables have been received and accepted by the Government. This information will be used as part of the final required documentation for contract closeout. The final closeout proposal shall include itemized Accounting Classification Reference Number (ACRN) de-obligations at the CLIN level per DO/TO. CPFF DO/TOs will be closed out in accordance with DCMA and DCAA procedures.

H.10.7 Fair Opportunity Exceptions IAW FAR 16.505, Ordering, all multiple award Contractors shall be provided a fair opportunity to be considered for each DO/TO in excess of $3,500 pursuant to the procedures established in this section, unless the KO determines that:

· The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such Contractors would result in unacceptable delays.

· Only one such Contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

· The DO/TO should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order.

· It is necessary to place an order to satisfy a minimum guarantee.

It is the Government’s intent to ensure Fair Opportunity by focusing on DO/TO level competition and robust subcontracting opportunities to the fullest extent possible in order to accomplish the Commander’s goals providing the highest quality goods and services at the most fair and reasonable prices throughout the entire contract performance.

H.10.8 Order Protests and Ombudsman Under the provisions of the Federal Acquisition Streamlining Act of 1994, protests are not authorized in connection with the issuance or proposed issuance of DO/TO except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract or, a protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

The Order Ombudsman is responsible for reviewing complaints regarding this IDIQ. The Ombudsman shall review complaints from the contractors and ensure all contractors are afforded a fair opportunity to be considered, consistent with the procedures of the contract.

H.11 SOFARS 5652.209-9003 Use of Contractor Support/Advisory Personnel (2015) The contractor’s attention is directed to the fact that USSOCOM contracts for various IT, business, acquisition, technical, and staff support services, some of which require support contractor access to proprietary information submitted by other contractors during administration of this contract. Execution of this contract constitutes approval to release the contract, contractor proposals, other contractor information, or proprietary data obtained during contract administration to Government Support Contractors who require access and have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.