ENCOREIII_DRAFT_RFP_as_of_10_August_2015.docx

HC1028-15-R-0030

Section B - Supplies or Services and Prices

ENCORE III IT Solutions - Fixed Price

FFP

Fixed Price (FP) All Variations - This CLIN applies to all variations of contract types under fixed price. See Schedule B labor rate tables.

Period of Performance: Five (5) year base period - Contract Years 1 through 5.

FOB: Destination

MAX

NET AMT

ENCORE III IT Solutions - Cost

COST

Cost Reimbursable (CR) All Variations - This CLIN applies to all variations of contract types under cost reimbursable.

MAX COST

External Agency Ordering Fee

FFP

1.0% Fee - See Section G; Ordering Procedures for External Agencies

MAX

FFP

Fixed Price (FP) All Variations - This CLIN applies to all variations of contract types under fixed price. See Schedule B labor rate tables.

Period of Performance: Option Year 1 - Contract Year 6.

MAX

COST

Cost Reimbursable (CR) All Variations - This CLIN applies to all variations of contract types under cost reimbursable.

MAX COST

FFP

1.0% Fee - See Section G; Ordering Procedures for External Agencies

MAX

FFP

Fixed Price (FP) All Variations - This CLIN applies to all variations of contract types under fixed price. See Schedule B labor rate tables.

Period of Performance: Option Year 2 - Contract Year 7.

MAX

COST

Cost Reimbursable (CR) All Variations - This CLIN applies to all variations of contract types under cost reimbursable.

MAX COST

FFP

1.0% Fee - See Section G; Ordering Procedures for External Agencies

MAX

FFP

Fixed Price (FP) All Variations - This CLIN applies to all variations of contract types under fixed price. See Schedule B labor rate tables.

Period of Performance: Option Year 3 - Contract Year 8.

MAX

COST

Cost Reimbursable (CR) All Variations - This CLIN applies to all variations of contract types under cost reimbursable.

MAX COST

FFP

1.0% Fee - See Section G; Ordering Procedures for External Agencies

MAX

FFP

Fixed Price (FP) All Variations - This CLIN applies to all variations of contract types under fixed price. See Schedule B labor rate tables.

Period of Performance: Option Year 4 - Contract Year 9.

MAX

COST

Cost Reimbursable (CR) All Variations - This CLIN applies to all variations of contract types under cost reimbursable.

Period of Performance: Option Year 4 - Contract Year 9.

MAX COST

FFP

Fixed Price (FP) All Variations - This CLIN applies to all variations of contract types under fixed price. See Schedule B labor rate tables.

Period of Performance: Option Year 5 - Contract Year 10.

MAX

COST

Cost Reimbursable (CR) All Variations - This CLIN applies to all variations of contract types under cost reimbursable.

MAX COST

FFP

1.0% Fee - See Section G; Ordering Procedures for External Agencies

MAX

SECTION B

B.1 MINIMUM AND MAXIMUM AMOUNTS, INDEFINITE-DELIVERY/INDEFINITE QUANTITY (ID/IQ)

a. This ENCORE III contract provides technical solutions for the Department of Defense (DoD) in support of its migration to an integrated and interoperable Department of Defense Information Network (DODIN) as well as other Federal agencies having similar Information Technology (IT) migration and integration needs. The ENCORE III contracts represent an ongoing expansion of the Defense Information System Agency’s (DISA) Defense Enterprise Information Services (DEIS) I and DEIS II contracts, and ENCORE follow-on contracts. The ENCORE III contracts are structured and managed in accordance with the rules for task order (TO) contracts, as specified in the Federal Acquisition Regulations (FAR) Part 16. In accordance with FAR 16.505(b)(1)(i), awardees under the ENCORE III contracts will be provided a “fair opportunity to be considered” for task and delivery orders issued against the ENCORE III contract.

b. This is an Indefinite-Delivery/Indefinite-Quantity (ID/IQ) contract against which it is planned to award Fixed Price (FP) and Cost-Reimbursement (CR) type task orders in accordance with Federal Acquisition Regulation (FAR) Subpart 16.5 - Indefinite-Delivery Contracts. The total amount of all orders placed against all contracts resulting from this solicitation shall not exceed $17,500,000,000.00 over a ten year period; five (5) year base period of performance and five (5) one-year option periods. The guaranteed minimum amount is $500.00 for each contractor.

c. The Government anticipates multiple contract awards resulting from this solicitation in two separate suites of contracts: awards resulting from full and open competition and awards set-aside for small business concerns. As part of the small business concern set-aside, the Government intends to award a minimum of one (1) award to each of the following subcategories: Small Business (SB), Historically Underutilized Business Zone (HUBZone), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Economically Disadvantaged Women-Owned Small Business (EDWOSB). However, if there are no proposals found acceptable in a particular subcategory, no award will be made in that subcategory. Additional small business awards are anticipated as well. Other small business awards will be made in the small business set-aside competition to the small business Offerors whose proposals represent the best value in accordance with the evaluation criteria defined in Section M, Evaluation Factors for Award. In the event a multiple award cannot be made, the government reserves the right to award to one contractor; the government may make an award in each category (one for small business and one for large business), or not award any contracts at all, depending on the quality of the proposals submitted and the availability of funds. Contractors may not submit more than one proposal for the ENCORE III program.

Small businesses will be offered the opportunity to compete for all task order requirements set aside for small business after contract award. Small business proposals will be evaluated in accordance with the evaluation criteria set forth in Section M.

d. Awards will be made to the Offerors whose proposals represent the best value in accordance with the evaluation criteria defined in Section M, Evaluation Factors. The Government intends to award up to 20 ID/IQ contracts for the Full and Open Suite and up to 20 ID/IQ contracts for the Small Business Suite, for no more than a total of 40 contracts for the ENCORE III effort. However, the Government reserves the right to make no award at all. Individual task orders will be awarded in accordance with Section G, Task Order Procedures.

B.2 PRICING OF LABOR RATE TABLE FOR TASK ORDERS

a. All FP task orders awarded pursuant to this contract, will be priced in accordance with the pricing set forth in the Government provided Pricing Spreadsheet, titled ENCORE III Pricing Template (Section L, Attachment L2). The labor rates in this section reflect the maximum fully-burdened rates allowed for each labor category and will apply to all direct labor hours proposed on individual task orders. When soliciting each task and/or delivery order, the Government frequently requests discounts from these maximum rates.

b. In the event work for a task order is required for which the contractor can be expected to incur costs markedly different from those normally incurred, e.g. work Outside the Continental United States (OCONUS), consideration will be given to pricing on a cost-reimbursement basis. In such situations, additional costs, which cannot be appropriately charged under Other Direct Costs (ODCs) contract line item number (CLIN), will be negotiated on a case-by-case basis.

c. FP Rates. The fully-burdened labor rates shall include all direct, indirect, general and administrative costs, and profit associated with providing the required skill. The fully-burdened labor rates shall include all labor and labor-related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciation rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee incentive compensation plans, incentive pay, shift differentials, overtime, vacation time, sick pay, holidays, and all other allowances based upon a comprehensive employee compensation plan. Contractor site rates shall also include contractor-provided facilities, furniture, equipment, supplies, tool kits, employee training, and overhead amounts required for work at contractor site rates. Overhead amounts for contractor site rates includes, but is not limited to, telephones, facsimile machines and their telecommunications lines, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software, such as word processing, spreadsheets, graphics, normal copying and reproduction costs. The use of uncompensated overtime is not allowed. All hourly rates are based on a 40-hour work-week (2,080 hours per year).

d. The rates that are set-forth in the contract shall be used on FP task orders. The rates specified in the Labor Rate Table will apply to most of the work performed under this contract. Labor rates are fixed for the life of the contract, however may be adjusted in accordance with the Economic Price Adjustment Clause (EPA) included in Section H of this solicitation.

e. Program Management Support Costs. Contract-level program management support costs shall be included within the fully-burdened labor category rates and encompass support for contract-level management, reporting requirements, and related travel and meeting attendance costs associated with the contractor’s program management staff, as it relates to overall management of the ENCORE III Program. As a result, these program management support costs are allocated among all task orders issued under this contract. These “program management” support costs are differentiated from individual task order “Task Order Manager” support costs, which are billed as hourly labor rates against individual task orders for direct support to the effort performed under those task orders. This will result in direct billings at the task order level for labor hours in the “Task Order Manager” category, to specifically support program or project management for the task order.

f. ODCs. ODCs consist of software, materials, and task order-related travel costs (i.e., relocation and temporary duty (TDY) to include travel, lodging and meals) that are incidental to the services being performed. The cost of general-purpose items required for the conduct of the contractor’s normal business operations will not be considered an allowable ODC in the performance of this contract. Profit is not allowed on ODCs for any task order.

B.4 LABOR RATE TABLE

Upon contract award, there will be a Labor Rate Table that represents the Offeror’s proposed fully-burdened hourly labor rates for each skill classification for work performed at Government sites and work performed at Contractor sites. The Offeror shall include pricing in the provided ENCORE III Pricing Template (Section L, Attachment L2).

B.5 TAX EXEMPT STATUS APPLYING TO OVERSEAS LOCATIONS

a. A number of Contractor employees performing ENCORE III services outside the United States are eligible for tax-exempt status from foreign government-imposed income, social, and other taxes in accordance with the Status Of Forces Agreement (SOFA) between the US and the Host Nation. An example of one such exemption is the Technical Expert Status Accreditation (TESA) within Germany. The Government recognizes that the approval process for tax-exempt status is a dynamic one, subject to wide differences between nations and controlled neither by the US Government nor the Contractor. Specifically, the Government is aware of increasing scrutiny applied to the TESA process by the host governments in Germany and Korea. Such issues may develop in other nations where ENCORE III services are performed. DISA makes no representation as to the processes involved in garnering employee tax-exempt status in any Host Nation. Offerors should carefully consider the impact of Host Nation-imposed taxes, either currently in effect or that may be imposed during the life of the ENCORE III contract, in arriving at prices (to be included as an ODC) for non-tax exempt employees.

b. Offerors shall propose labor hour prices for work performed outside the US in accordance with the rates in the Section B pricing tables for workers with such tax-exempt status. Employee taxes imposed by a Host Nation shall be compensated as an Other Direct Charge (ODC) under ENCORE III task orders.

c. Request guidance for Contract Notification, Technical Expert Status Accreditation (TESA), and/or Troop Care Status Accreditation (TCSA) Procedures, at www.irs.gov

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

A comprehensive Performance Work Statement (PWS) is provided in Section J, Attachment J1 and incorporated by reference in this Section C.

LABOR CATEGORY DESCRIPTIONS

The ENCORE III Labor Category Descriptions document is provided in Section J, Attachment J2 and incorporated by reference in this Section C.

DD254

The ENCORE III DD254 document is provided in Section J, Attachment J3 and incorporated by reference in this Section C.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY REFERENCE

Section E - Inspection and Acceptance

QUALITY CONTROL

The contractor shall develop, implement and maintain a quality control program. This program shall include inspection, validation, evaluation, corrective action and procedures necessary to effect quality control of all performance and products provided under the contract. The program shall allow inspection and evaluation by the Government, and shall be applicable to all subcontractors and members of the contractor’s team, as appropriate.

(End of Clause)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY FULL TEXT

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996) - ALTERNATE I (JUL 1985)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, in the total final negotiated cost fixed under the incentive price revision clause. However, replacements or corrections by the Contractor after the establishment of the total final price shall be at no increase in the total final price.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the target price or, if established, the total final price or (2) may terminate the contract for default. Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce any target price or, if it is established, the total final contract price. Failure to agree upon an equitable price reduction shall be a dispute.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in any target price or, if it is established, the total final price of this contract, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in any target price, or, if it is established, the total final price of this contract, if the Contractor fails to meet such delivery schedule; or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the total final price as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce any target price or, if it is established, the total final price of this contract.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within one year of completion of the contract. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

Section F - Deliveries or Performance

DELIVERY INFORMATION

Section G - Contract Administration Data

CONTRACTING AND ADMIN DATA

G.1 CONTRACTING AND ADMINISTRATIVE AUTHORITY

a. The contract will be administered by the Defense Information Technology Contracting Organization (DITCO). The Contracting Officer (KO) at DITCO-Scott (PL8313), 2300 East Drive, Scott AFB, IL 62225-5406, is the only person authorized to approve changes or modify any of the requirements contained elsewhere in this contract; the said authority remains solely in the KO. In the event the contractor effects any such change at the direction of any other person other than the KO, the change will be considered to have been made without authority and no adjustment will be made in the contract costs to cover any increase incurred as a result thereof.

b. The contractor shall submit requests for modifications of this contract to the KO with a copy of the request to the KO’s representative as designated in the KO’s representative appointment letter.

c. Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation). Only the KO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the KO.

d. Request for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the KO.

(End of Clause)

G.2 CONTRACT MANAGEMENT

Notwithstanding the contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the Government and the contractor. The following individuals will be the Government points of contact during the performance of the contract:

a. Contracting Officer (KO).

(1) Contract Administration. All contract administration will be effected by the Contracting Officer. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the KO authorizing such changes.

(2) Designation of Representatives. The KO may designate individuals to act as the Contracting Officer’s Representative (COR) under any resultant task order. CORs may provide technical guidance in direction of the work, but they will not be authorized to change any of the terms and conditions of the contract or task order. CORs will be designated by a letter of appointment from the KO. Specific COR duties are described in the ENCORE III Task Order Guidelines.

b. Contracting Officer Representative (COR). All communication with agencies of the Government and interface with other contractors required in the performance of this contract shall be accomplished only through the direction and with the coordination of the COR. The responsibilities and limitation of CORs are contained in the ENCORE III Task Order Guidelines.

c. Technical Coordination.

(1) Performance of work under this contract shall be in compliance with the PWS and terms and conditions of any approved task orders.

(2) All technical coordination shall remain within the scope of this contract and that of individual task orders. No oral statements of any person whosoever shall in any manner or degree modify or otherwise affect the terms of this contract or of the TOs. Technical coordination shall not result in any action that:

(a) Constitutes an assignment of additional work outside the SOW, PWS or task order.

(b) Constitutes a change as defined in the contract clauses 52.243-1, Changes - Fixed-Price and 52.243-2, Changes - Cost-Reimbursement, as applicable.

(c) Causes an increase in the total contract ceiling amount, task order price, or the time required for contract or task order performance.

(d) Changes in any of the expressed terms, conditions or specifications of this contract or any approved task orders.

(e) Interfere with the contractor’s right to perform the terms and conditions of the contract.

(End of Clause)

G.3 TASK ORDER PROCEDURES

The following defines the process by which fair opportunity will be afforded, how TOs will be processed and priced, and how a TO will be awarded. It also defines specific, local provisions to be used for issues concerning TO consideration and payment. Finally, the role of the DISA Ombudsman is defined. Careful attention should be paid to those areas in which the procedures, processes, and provisions change due to use of a different contract types or pricing methodology.

a. Fair Opportunity Process. The ENCORE III KO(s) will assign a pre-award tracking number to each task order requirement at the time it is received from a customer agency. Unless one of the exceptions at FAR 16.505(b)(2) applies, the KO will announce each task order requirement on the web at TBD. Awardees will be required to register at this site upon award (instructions will be provided after contract award). Each prime contractor shall evaluate the opportunity and determine whether or not to submit a proposal. The announcement will include, at a minimum, the following information:

* Tracking Number

* Date of Announcement

* Statement of Work (SOW), Statement of Objectives (SOO) or Performance Work Statement (PWS)

* Anticipated Contract Type

* Proposal Evaluation Criteria

* Contracting Agency POC Name Phone Number and Fax (KO and Contract Specialist)

* E-mail Address, Mailing Address or Fax Number

* Proposal Due Date

b. Fair Opportunity Exceptions. One or more TOs may be issued during the performance period of this contract. In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b), the KO will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,000, unless one of the conditions, below, applies.

(1) The agency need for such services is of such urgency that providing such opportunity would result in unacceptable delays.

(2) Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized.

(3) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under this contract, provided that all multi-awardees were given fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee. Each awardee is permitted to market one requirement and have it placed as a task order under the ENCORE III contract to satisfy the minimum guarantee, regardless of dollar amount. A minimum guarantee task order can be awarded at any time during the base period of performance.

(5) A statute expressly authorizes or requires that the purchase be made from a specified source.

c. Selection Criteria for Awarding a Task Order. The Government will evaluate proposals against established selection criteria. The Government’s award decision will be based, as a minimum, on compliance with Section 508 requirements of the Rehabilitation Act, and on selection criteria which may address past performance, technical/management approach, and cost. Among other sources, evaluation of past performance will be based on a database built from past performance assessments provided by the CORs on individual task orders performed throughout the life of the contract. In addition to past performance, technical/management approach, and cost, individual TO selection criteria may include other factor(s) relevant to the particular requirement. The order of importance for the factors will be identified in each individual request for proposals.

d. Proposal Process.

(1) Request for Proposals (RFP). The KO solicits proposals from all prime contractors by posting an RFP to the DITCO task order web page, identified above. The contractors are typically allowed between 14-30 days to prepare and submit offers (maybe more depending upon the complexity of the requirement). Each RFP will indicate the proposal due date, applicability of Section 508 standards, and the evaluation criteria including their relative importance.

(2) Questions and Answers. The contractors may request written clarification of requirements, evaluation criteria, and proposal preparation instructions. Such requests for clarification must be sent to the KO by e-mail to disa.scott.ditco.mbx.encore3@mail.mil (or uploaded to the web site) by the date specified in the RFP letter. To avoid compromising the fair opportunity process, only the ENCORE III KOs may communicate verbally with the contractors concerning the RFP until after TO award. The KO will answer clarification requests by posting questions and answers in an RFP Amendment, available to all of the contractors. As a result of clarification requests, the KO will determine if any revisions to SOW/PWS/SOO requirements or evaluation criteria are required, and if necessary, issue an Amendment to the request for proposals. The KO may extend the proposal due date in the event that written clarification is not provided to the contractors in a timely manner.

NOTE: Do not confuse clarifications as used above with regard to questions about the RFP with clarifications as used during discussions as described in FAR 15.306 Exchanges with offerors after receipt of proposals.

(3) No-Bid Replies. Contractors must submit “no-bid” replies or complete technical and price/cost proposals no later than the proposal due date and time. “No-bids” must be submitted to the KO either by upload or e-mail and must reference the tracking number specified in the KO’s letter request for proposal.

(4) Technical Proposals. Written technical proposals will be streamlined, normally customized to the size and complexity of the requirement, stating compliance with SOW or PWS requirements. Risks, assumptions, and conflict of interest issues must be resolved during the Questions and Answers process. Proposals shall not merely restate SOW or PWS requirements. The technical proposal shall address, as a minimum:

* Technical Approach

* Key Personnel

* Quantities/hours of personnel by labor categories

* Other Direct Costs (ODCs)

* Risks

* Period of Performance

* Government-Furnished Equipment (GFE) and/or Government-Furnished Information (GFI)

* Security (including clearance level)

* Teaming Arrangement to include subcontracting, if applicable.

(5) Cost Proposals. A written cost proposal will always be required. This part of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task, (i.e. labor hours, rates, travel, incidental equipment, etc.). When competing for TO awards under the fair opportunity process, the contractor is permitted to propose discounted labor rates that are lower than those established in the Labor Rate Tables, which will be included in Section B of the final awarded contract. The contractor shall fully explain the basis for proposing lower rates. The Government reserves the right to perform cost realism when it deems it necessary. The proposed, reduced labor rates will not be subject to audit. The reduced labor rates will apply only to the respective TO and will not change the fixed rates in the Section B Labor Rate Tables of the ENCORE III contract. The level of detail required shall be primarily based on the contract type planned for use, as further discussed below.

(i) Fixed Price (FP). The proposal shall identify labor categories in accordance with the Labor Rate Tables contained in Section B of the ENCORE III contract, and the number of hours required for performance of the task. The proposal must identify and justify use of all non-labor cost elements. It must also identify any GFE and/or GFI required for task performance. If travel is specified in the TO statement of work, air fare and/or local mileage, per diem rates by total days, number of trips and number of contractor employees traveling shall be included in the cost/price proposal. Prior to incurring any long distance travel expenses, the contractor shall obtain written approval from the COR that approves approximate travel dates, expected duration, origin and destination, purpose, estimated costs, and the number and names of personnel traveling. Proposed materials costs shall, when requirements for materials are sufficiently defined by the TO statement of work, include sufficient break-out of all materials, including description, brand name, model/part number and number of units that can be verified as fair and reasonable.

(ii) Cost-Reimbursement. Both “sanitized” and “unsanitized” cost proposals will be required for cost-reimbursement type task orders only. “Unsanitized” cost proposals are complete cost proposals which include all required information. “Sanitized” cost proposals shall exclude all company proprietary or sensitive data, but must include a breakdown of the total labor hours proposed and a breakout of the types and associated costs of all proposed ODCs. Unless otherwise noted, unsanitized proposals will only be provided to the Contracting Officer, while sanitized proposals will be provided to the COR. Cost/price proposals shall include, as a minimum, a complete Work Breakdown Structure (WBS), which coincides with the detailed technical approach; and provides proposed labor categories, hours, wage rates, direct/indirect rates, ODCs and fee. Cost-reimbursement proposals shall be submitted in accordance with FAR 52.215-20 - Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data.

(iii) Other Relevant Information. This information shall always be in writing and shall address other relevant information as required by the contract or requested by the TO proposal request. The contractor shall assume all costs associated with preparation of proposals for task order awards under the fair opportunity process as an indirect charge. The Government will not reimburse awardees for fair opportunity proposals as a direct charge.

(iv) Clarifications, Communications or Discussions of Proposals. Proposals will be evaluated in accordance with the selection criteria set forth in the proposal request. If necessary, during the evaluation of proposals, the Government may contact a contractor with questions concerning its proposal. Upon completion of evaluations, the KO will issue a TO to the contractor whose proposal is most advantageous to the Government.

f. Other Considerations.

(1) The Contracting Officer is not required to synopsize orders under this contract.

(2) The contract rates contained in Section B of the ENCORE III contract have been determined to be fair and reasonable based upon adequate price competition during the award of the basic contract. These contract rates shall be used by the contractor as the basis for developing proposals. However, the contractor may choose to use discounted contract rates for specific orders where the actual work requirements and the site location(s) are known or to enhance the competitiveness of its proposal.

(3) Performance based work statements shall be used to the maximum extent practical.

(4) The contractor shall work in partnership with the Government to close out orders as soon as possible after they are physically complete by using the “Quick-Closeout” procedures described herein as much as practical.

g. Resolution of Issues. In the event issues pertaining to a proposed TO cannot be resolved to the satisfaction of the KO, the KO reserves the right to withdraw and cancel the proposed TO. In such event, the contractor shall be notified in writing of the KO’s decision. This decision is final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Disputes Act.”

h. Task Order Issuance. Task order awards may be issued by e-mail, regular mail or facsimile using a DD Form 1155, Order for Supplies and Services. The contractor may be required to register in the Electronic Data Access (EDA) web site at http://eda.ogden.disa.mil/ to obtain copies of TOs.

i. Unauthorized Work. The contractor is not authorized at any time to commence TO performance prior to issuance of a signed TO or other written approval provided by the KO to begin work.

j. Task Funding Restrictions. No unfunded tasks are allowed.

k. Contract Closeout. Final invoice shall be submitted within ninety (90) calendar days following the end of the Period of Performance. When the bilateral modification to closeout the specific TO is forwarded to the contractor, it shall be signed and returned to the respective KO within 10 working days of modification submittal. For specific TOs, these dates can be revised at the discretion of the KO.

l. DISA Ombudsman. In accordance with FAR 16.505(10)(i), no protest under FAR Subpart 33.1 is authorized in connection with KO decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The DISA/DITCO Chief of Information Technology Contracting Division has been designated as the DISA Ombudsman. The DISA Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Complaints to the DISA Ombudsman may be forwarded to:

DISA/DITCO

Chief, Defense Information Technology Division

DISA/PSD

2300 East Dr.

Scott Air Force Base, IL 62225 Phone: (618)-229-9710

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 Points of Contact As prescribed in 4.103(S-90), insert the following clause:

POINTS OF CONTACT (AUG 2005)

Contracting Officer (KO) Name: Steven Francoeur Organization/Office Symbol: DITCO PL8313 Phone No.: 618-229-9672 E-Mail Address: steven.w.francoeur.civ@mail.mil

Contract Specialist Name: Corinne Huff Organization/Office Symbol: DITCO PL8313 Phone No.: 618-229-9753 E-Mail Address: corinne.r.huff.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours As prescribed in 4.804 (S-90), insert the following clause:

CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR

LABOR-HOURS (JAN 2007)

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order. If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

ORDERING PROCEDURES FOR EXTERNAL AGENCIES (DEC 2013)

(a) An external agency is any contracting office outside of DISA.

(b) For any order to be placed by an External Agency, where the total estimated cost is expected to exceed $10,000,000, approval shall be obtained from the Contracting Officer prior to the start of processing the requirement. The contractor shall also notify the Contracting Officer prior to responding to any Request for Proposal when the proposed total estimated cost will exceed $10,000,000. The notification to the Contracting Officer shall be made via e-mail to disa.scott.ditco.mbx.encore3@mail.mil. This clause does not apply to orders expected to have a total estimated cost of less than $10,000,000. External agency orders shall be issued as authorized by the terms and conditions of the contract, BPA, BOA, task order guidelines, the FAR, DFARS, and their own agency procedures.

(c) The External Agency Contracting Officer will be the contracting…