HQ0034-14-R-0074_Amendment_02_28_July_2014.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purposes of this amendment are to:

1) Incorporate the Q&A Clarif ications & Additions.

2) Edit Section G-4.0 of the solicitation.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 9

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

16C. DATE SIGNED

BY 28-Jul-2014

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HQ0034-14-R-0074

X 9B. DATED (SEE ITEM 11)

02-Jul-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

28-Jul-2014

CODE

WHS - ACQUISITION DIRECTORATE

1225 SOUTH CLARK ST., SUITE 200

ARLINGTON VA 22202-3909

HQ0034 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HQ0034-14-R-0074

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been added by full text:

Q&A CLARIFICATIONS & ADDITIONS

1. Answers to Questions 3 and 4 explicitly state the ODC and Travel plug number. Are these ODC/Travel amounts the annual plug number or the total for the contract period of the Sample Task Orders?

a. Annual plug number.

2. The answer to question 49 indicates that the Price Proposals for Seed Task Order X and Y will be evaluated separately from the IDIQ pricing evaluation. The Task Order X and Y price proposals are included, as separate sections of Volume II in accordance with the Seed Task Order instructions. Is that correct?

a. Correct.

3. The answer to question 123 is ambiguous. Are offerors to prepare only one past performance appendix, or one each for C-4.1 and C-4.2? If only one past performance appendix is required for Factor C, out of which section shall the page count be reduced, alternatively, if offerors are required to submit only one past performance appendix for Factor C, can this be excluded from the Total page count of 32 pages?

a. Offerors shall only prepare one past performance appendix whether they are proposing on the full & open competition or the small business set-aside. The past performance appendix shall only be one page. Offerors proposing on the full & open competition may include it into their 32-page count however they see fit in the 10-page C-4.1 section or 22-page C-4.2 section.

4. “Question 134. Section K - Representations, Certifications and Other Statements of Offerors - NON-DISCLOSURE AGREEMENT” specifies the completion of the provided NDA. Does this information need to be provided as part of the proposal submission, as each selected employee will not be known until the Task Orders are released? If required with the proposal submission, could this NDA be executed by the Offeror (company) at the IDIQ-level rather than the individual employee (as indicated in the first blank of the form)? a. Yes.”

Please clarify: Whether "yes" indicated (1) an officer may sign on behalf of the offeror and that a signed NDA is required with the initial proposal submission. – OR – (2) "yes" to just the fact that an officer may sign and NDAs will not be provided until after award.

If the first (1), where in the package should the NDA be included? If neither, shall NDAs be signed by all affected personnel and provided after award?

a. A single NDA to represent the company at the IDIQ-level is acceptable. It should be included in Factor A according to this section (as it is found in Section K): “L-

1.4.1.2 Section K - Representations, Certifications, and other Statements of Offerors: ... Any additional Section K information shall also be included in this section.”

5. Section K: Non-Disclosure Agreement. Are the employee non-disclosure agreements set forth in Section K at RFP pages 69 and 70 required to be submitted with the proposal? If so, are these required for all individuals proposed for the seed task orders? Section K is a Factor A requirement.

a. Non-Disclosure Agreements for seed task orders will be requested at time of task order award(s).

6. Section G-4.0 Organizational Conflicts of Interest (OCI). Paragraph four of this section provides, “See OCI clause for more details”. There are no other OCI clauses in the RFP.

Is this language referring to the Section L provision or will an OCI clause be added to the

RFP?

a. See revised solicitation.

7. Section G-4.0 Organizational Conflicts of Interest (OCI). Paragraph four of this section provides that an OCI Analysis/Disclosure form is attached to the contract. It was not attached to the RFP. Will this be added to the RFP?

a. See revised solicitation.

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been modified:

CONTRACT ADMINISTRATION DATA

G-1.0 Points of Contact

G-1.1 Government

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

G-1.1.1 Contracting Officers

All contract administration will be effected by Contracting Officer (CO). Communication pertaining to the contract administration should be addressed to the Contracting Officer. Contract administration functions (see FAR 42.302 and DFARS 242.302) are assigned to the cognizant contract administration office. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers.

The Contracting Officer is:

To be included at Contract Award.

G-1.1.2 Contracting Officer’s Representative (COR)

The Contracting Officer’s Representative (COR) is not authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the contract. The authority of the COR is strictly limited to him/her, without re-delegation, to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting Officer or a COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually.

Any contractual questions shall be directed to the Contracting Officer.

The COR supports the CO during administration of this contract by:

• Making final decisions regarding any recommended rejection of deliverables

• Providing technical clarification relative to overall workload matters

• Providing advice and guidance to the Contractor in the preparation of deliverables and services

• Providing acceptance of deliverable products to assure compliance with requirements

All technical direction will be issued in writing by the COR or will be confirmed by the COR in writing within ten (10) calendar days after verbal issuance. A copy of the written direction will be furnished to the

CO.

If in the opinion of the Contractor, any instruction or direction issued by the COR is outside of their specific authority, the Contractor shall not proceed but shall notify the CO in writing within five (5) working days after receipt of any instruction or direction.

The COR for the IDIQ contract is:

To be included at Contract Award.

G-1.1.3 Government Technical Representative (GTR)

The program office point of contact will be identified as the Task Order GTR at individual Task Order award.

The Task Order GTR is the individual within the Program Management function who has overall technical responsibility for this effort. The Task Order GTR provides technical direction to the Contractor, i.e., shifting work emphasis between areas of work; fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general PWS for this effort.

In addition to providing technical direction, the Task Order GTR will:

• Monitor the Contractor's technical progress, including surveillance and assessment of performance, and recommend to the COR to notify the CO, any changes in the requirement

• Assist the Contractor in the resolution of technical problems encountered during performance

• Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within this contract.

NEITHER the COR nor the Task Order GTR has the authority to issue any technical direction which:

• Constitutes an assignment of work outside the general scope of this effort

• Constitutes a change as defined in the "Changes" clause

• In any way causes an increase or decrease in cost or the time required for performance

• Changes any of the terms, conditions, or other requirements of this effort

• Suspends or terminates any portion of this effort

G-1.2 Contractor

G-1.2.1 Program Manager

The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The names of this person and an alternate who shall act for the Contractor when the Program Manager is absent shall be designated in writing to the Contracting Officer. The Program Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

G-1.2.2 Task Order Project Manager

The Project Manager for each TO will facilitate communication between the Government and Contractor.

The Project Manager will participate in Technical Interchange Meetings (TIMs) upon request of the Contracting Officer (CO) or Contracting Officer Representative (COR) to discuss the status of Contractor efforts and accomplishments in direct relation to specific TOs. In addition, the Project Manager will manage Contractor employees and performance associated with any issued TO, keep the Government appraised of actual or potential Contractor program management problems associated with specific TOs, report unresolved problems to the Government, perform corrective actions for all identified Contractor deficiencies, support periodic meetings, teleconferences, and In Progress Reviews (IPRs) convened at the direction of the CO/COR and/or senior officials to review status of effort, requirements, and accomplishments.

G-2.0 Non-Personal Service Statement

Contractor employees performing services under this PWS will be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in this PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in specific TOs may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Part 7.5 and 37.1 of the FAR. The Government will perform the inspection and acceptance of the work provided.

G-3.0 Subcontractor(s)

Consultants and subcontractors may be used if beneficial to the Government.

G-4.0 Organizational Conflicts of Interest (OCI)

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Washington Headquarter Services, either military or civilian, unless such person seeks and receives approval in accordance with DoD Directive 5500.7, Standards of Conduct and WHS policy.

The Contractor acknowledges that it is familiar with FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, and agrees to avoid, neutralize or mitigate such conflicts of interest in accordance with the principles set forth in the FAR.

If performance of any TO requires the Contractor (to include subcontractors) to supply technical support related to systems or projects with which the contractor is already directly concerned, either prime or subcontract, the Contractor shall immediately inform the Contracting Officer. The TO may be withdrawn if a conflict is found. The Contractor shall not undertake performance of any TO which requires it to supply technical support regarding such systems until the notice is given and written consent to proceed is issued by the Contracting Officer.

If the Contractor discovers an organizational conflict of interest or potential conflict of interest after award, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall be made according to the contractor’s proposed and approved OCI Mitigation Plan, and shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts.

G-5.0 TASK ORDER PROCEDURES

The Government will issue the Task Order (TO) Request for Proposal (RFP) to the prime contractor(s) consistent with the ordering procedures contained in the FAR and DFARS.

If the TO Performance Work Statement (PWS) contains a majority of work under NAICS Code 541990, the Government intends to give all multiple award contractors (not set-aside for NAICS Code 541611 awards) a “fair opportunity” to compete unless an exception is authorized in statute or regulation to the “fair opportunity” process (see FAR 16.505(b), and as it may be amended in the future).

If the TO PWS contains a majority of work under NAICS Code 541611, the TO RFP will be set-aside to the small business IDIQ contract holders.

TOs will be issued on a Fixed Price or Cost-Reimbursement Basis (only Fixed Price for small business set-aside). For Fixed Price task order awards, invoicing and payment terms will be negotiated at the individual task order level. For Cost-Reimbursement, the Government may require the submittal of cost and pricing data with proposals.

Performance can only be authorized by issuance of a Task Order or revision thereto issued by the Contracting Officer. Any changes will be issued in writing, will set forth any additional obligation incurred by the Government, will be adequately funded, and shall be signed by the CO in advance of the contractor initiating the change.

G-5.1 Task Order Ombudsman

In accordance with FAR 16.505(a)(10), no protest under FAR Subpart 33.1 is authorized in connection with CO decisions regarding fair opportunity or the issuance of a TO under $10 million under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract.

The Task Order Ombudsman’s role is to 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.

The Task Order Ombudsman for this IDIQ is:

Timothy M. Applegate Deputy Director / Competition Advocate Washington Headquarters Services Acquisition Directorate (WHS/AD) 1225 South Clark St, Suite 1202 Arlington, VA 22202

(703) 545-0380 timothy.m.applegate.civ@mail.mil

G-5.2 Task Order Request for Proposal (RFP)

The Government will issue an RFP which will include at a minimum:

• NAICS Code 541990 vs. 541611 set-aside status

• Performance Work Statement (PWS)

• Period of Performance (POP)

• Anticipated Contract Type(s)

• CLIN Schedule or request for contractor-proposed CLIN Schedule

• Applicable Evaluation Criteria (non-cost and cost factors)

• QASP (may be distributed after Task Order award)

• Questions/Clarifications Due Date

• Proposal Due Date

G-5.3 Task Order Proposal mailto:timothy.m.applegate.civ@mail.mil

Each proposal shall include a brief description of the following (if requested in the RFP):

• Technical proposal stating how the Contractor proposes to accomplish the effort, including a description of the performing team member(s) and any requested key personnel (to always include at least a Task Order Project Manager).

• Cost proposal organized by CLIN and any supporting cost details (labor category mix, hours, and rates). Rates shall be at or below those contained in the established Labor Category Pricing attached in Section J of the base IDIQ contract. Discounts are highly encouraged.

• The percentage of the proposed total price for the task order that will go to small businesses either as the prime contractor or as the first tier subcontractor. Small businesses shall be defined by the applicable size standard associated with the NAICS code on that individual task order.

• For each TO RFP after the first, the actual percentage of the total price of previous task orders that went to small businesses either as a prime contractor or a first tier subcontractor. A separate percentage should be submitted for each previous task order received under this contract.

• Resolution of any potential organizational conflict(s) of interest (OCI) or a statement explaining why none exists.

• Any additional input as required by the RFP.

G-5.2 Task Order Evaluation Process

The evaluation process for each Task Order will use a variation on the best value analysis spectrum (LPTA to Trade-Off based on complexity). Non-cost and cost factors will be considered as evaluation criteria. Specific factors will be established by individual TO. In making the best value determination, it is possible that after conducting a tradeoff analysis of the proposals, the lowest price may not necessarily represent the best value.

After proposals have been evaluated against the factors identified in the RFP, and the contractors’ rates have been verified, the TO will be awarded to the IDIQ contract holder whose proposal represents the best value to meet the Government’s needs.

Contractors are put on notice that, among other evaluation factors listed in the RFP, total small business utilization for the proposed task order may be an evaluation factor. Contractors are also put on notice that after the issuance of the first task order, past performance with regard to proposed small business utilization on previous task orders may be an evaluation factor on every subsequent RFP.

G-5.3 Option Year Four Task Order Pricing

Task Orders must not to exceed a base plus two (2) option years if awarded at any time during the last year (Year 5) of the IDIQ contract. Such TOs must be priced using Year 5 pricing and escalation rates in-line with approved pricing for previous two years’ rates.

(End of Summary of Changes)