RFP_Sect_C.pdf

RFP NO. HSCG23-17-R-MCM022 SECTION C SOLICITATION PROVISIONS

SECTION C – SOLICITATION PROVISIONS:

(1) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a clause may be accessed electronically at these addresses:

http://acquisition.gov

Number Title/Date

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (Sept 2007)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

52.204-22 Alternative Line Item Proposal (Jan 2017)

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

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

“Federal contracts and grants with total value greater than $10,000,000” means— http://acquisition.gov/

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(2) FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

(Jan 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at

FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

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

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial

Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

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

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon- Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

ADDENDUM TO FAR 52.212-1 is as follows:

A. Supplemental Proposal Instructions

1. Point of Contact:

Offerors are encouraged to submit questions or concerns regarding any aspect of this RFP by the requested date below to allow adequate time to research and https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/ prepare responses.

Questions or concerns must be forwarded to the Contracting Officer, Mr. Jackson McClam, via email at Jackson.McClam@uscg.mil, and to Contract Specialist, Ms.

Michelle Faseru, via email at Michelle.Faseru@uscg.mil, Thursday, July 27, 2017, 2:00 PM ET, so that they can be addressed prior to the submission of your proposal. The government cannot guarantee the questions or concerns received after the cut-off date will be answered or addressed before proposals are due.

Pertinent information will be provided as a solicitation amendment and provided to all Offerors as appropriate. Each question shall include the referenced document name, specific page, paragraph, and/or clause requiring clarification.

2. Proposal Preparation and Submission

The North American Industry Classification System (NAICS) code and small business size standard for this acquisition appear in the combination synopsis/solicitation as posted in the FedBizOpps. A cover sheet (SF1449) is not used for this acquisition.

Proposals shall have a Technical, Price, and Compliance volume which cover the contract and the Task Order #1. The volumes shall be three separate, independent, volumes, and organized into the following manner:

Volume 1: Technical and Past Performance:

Volume 1 shall be PDF, 12pt font size, and shall not exceed 15 pages.

Resumes, cover pages, past performance submission, and tables of contents DO NOT count against page limitation. Individual resumes shall not exceed 3 pages in length. Volume 1 shall include for Factor 1 information specific to the subfactors outlined below.

Factor 1- Technical Capability: The Technical Capability Factor 1 consists of two separate sub-factors corporate experience and personnel.

a. Technical Capability/Sub-factor 1 – Corporate Experience: The Offeror shall clearly describe and provide 3 examples of relevant and recent corporate experience and a description of work products that are comparable to the requirements in the PWS for both the IDIQ and Task Order #1. Relevant is corporate experience obtained through contracts, subcontracts, joint ventures and contractor team arrangements for similar complexity to the requirements in the IDIQ and Task Order #1 PWSs. Recent is corporate experience from previous contracts, subcontracts, joint ventures and contractor team arrangements that are relevant and have been performed after July 1, 2014.

The offeror’s proposal response for this Subfactor shall:

mailto:Jackson.McClam@uscg.mil mailto:Michelle.Faseru@uscg.mil https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

1) Provide sufficient and detailed descriptions of the company’s capability and experience with successful projects of comparable scope.

2) If an alternative mix of labor categories and or hours, from the Government’s Attachment 2 Pricing Sheets is proposed, provide sufficient rationale for the alternative labor and or hours distribution.

Preference, for the IDIQ proposal and the Task Order #1, will be given to proposals that include corporate experience, as listed in this descending order of importance:

1) Coast Guard;

2) Department of Navy;

3) Department of Defense;

4) Commercial

b. Technical Capability/Sub-factor 2 - Personnel: The Offeror shall provide a resume for the Key Personnel (Project Manager) that is proposed to work on the resultant IDIQ contract. The offeror shall provide resumes of all personnel that are proposed to work on Task Order #1. Personnel shall be identified by labor category. The resumes shall clearly detail how each person’s relevant, recent experience(experience after July 1, 2014), education, training, technical expertise, and certification demonstrates his or her ability to perform the tasks described in the IDIQ and Task Order #1 PWSs. The Offeror shall provide signed letters of commitment that must accompany the resumes for proposed personnel that are not currently employed by the prime, proposed subcontractor, or joint venture partner.

The offeror’s proposal response for this Subfactor shall also discuss:

1) Adequate staffing (to include appropriate personnel) that clearly relates to the IDIQ and Task Order #1 PWSs and corporate assurance/confidence that staffing requirements and service levels are met. to the IDIQ and Task Order #1 PWSs

2) Appropriate levels of experience similar to the scope and complexity of the IDIQ and Task Order#1 requirements.

Preference will be given to proposals that include personnel who have experience in developing training in the subject matter identified in the IDIQ PWS. Preference will be given to proposals that include personnel who have experience in developing training in the subject matter area of “knowledge of and experience in shipboard damage control" identified in the Task Order #1 PWS.

proposals that include personnel experience, as listed in this descending order of importance:

1) Coast Guard;

2) Department of Navy;

Factor 2 –Past Performance: The Offeror must include in their Technical volume three relevant references, consisting of the contract number, the agency or company for which the work was performed, a description of work product(s), and the name of the contracting and technical person to be contacted with their address, telephone, and email address. To be considered relevant, the services must have been performed after July 1, 2014, on efforts of similar scope, complexity, and purpose to the work outlined in the IDIQ and Task Order #1 PWSs. The three references shall not exceed one page in length, and do not count against the page limitation. The Government reserves the right to contact references for verification or additional information, and consider other relevant past performance information other than the information submitted by the Offeror, such as CPARS.

Past Performance Questionnaire:

The Offeror’s references shall be instructed to return the completed Past Performance Questionnaire (Attachment 3) to the e-mail address shown on the Questionnaire no later than the closing date of this solicitation. Any completed questionnaire returned directly by the Offeror to the Government shall not be accepted. The Offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline.

The Questionnaire includes completion instructions that must be carefully reviewed and followed.

Responses must be typed into the provided, editable Microsoft Office Word Document Past Performance Questionnaire.

Volume 2: Factor 3 - Price: The Offeror shall provide a price proposal for the resultant IDIQ contract with firm-fixed price fully burdened labor rates and for the initial firm-fixed price Task Order #1. The Offeror shall use the attached pricing template/spreadsheet, Attachment 2, for the resultant IDIQ contract and the Task Order #1. Offerors shall provide the following in Volume 2 in order to be considered compliant:

(1) A completed Pricing Spreadsheet in Attachment (2). Two copies shall be sent one in pdf format and a second in the Microsoft Excel file format with editable cells to allow for calculations to be verified.

Travel estimates have been provided as cost-reimbursable items with ceiling amounts, by the Government in attachment 2, for both the IDIQ and Task Order #1 and shall be included in the overall total evaluated price of the proposal.

The USCG is providing its estimated level of effort and labor categories, to assist Offerors in developing their price proposal response for Task Order #1 and the resultant IDIQ contract.

The Offeror may choose to propose an alternative labor mix that better reflects the Offeror’s technical solution for Task Order #1, or use the Government’s estimated labor mix as the basis for the Task Order #1 section of the price proposal. If the Proposal is not based on the Government’s labor mix for Task Order #1, the rationale for the alternative labor mix and labor categories shall be provided in the Offerors Technical Capability proposal volume and the Price volume. A cross walk between the alternative proposed labor categories and the provided labor categories must also be provided. Descriptions of any additional labor categories proposed must be provided.

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, that Offeror may be required to submit Data Other than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

Bid and proposal costs shall not be reimbursed. Bid and proposal costs shall also not be allowed at either the IDIQ contract or the Task Order level.

Volume 3: Compliance: The offeror shall confirm their compliance with all requirements and terms and conditions specified in this RFP and all attachments.

Proposals shall set forth any exceptions/assumptions taken with regard to any aspect of the RFP. Any exceptions or assumptions taken relevant to the technical volume and relevant to the pricing volume shall be on separate pages in the Compliance Volume. Proposals shall also set forth any other information that the offeror finds necessary and pertinent to their proposal.

3. FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical Capability (Non-Price):

(a) The Government will evaluate each offeror’s Technical Capability to determine their ability to meet or exceed all of the requirements in the IDIQ and Task Order #1 PWSs based on the following two subfactors which will be evaluated on a stand-alone basis and are listed in descending order of importance with Subfactor 1- Corporate Experience being more important than Subfactor 2 – Personnel. Subfactor 1- Corporate Experience and Subfactor 2- Personnel will not be rolled up to form an overall rating for technical capability.

(b) The technical evaluation for the Technical Capability subfactors will be attained through a determination and analysis of strengths, weaknesses, significant weaknesses, and deficiencies. Technical risk will be included in the final evaluation for each Technical Capability subfactor and will not be evaluated as a separate factor. Technical risk is an overall assessment derived from the technical evaluation and is inclusive of each evaluation subfactor. In the assessment of technical risk, Government evaluators will consider all available information submitted in the proposal.

(c ) Technical Capability/Sub-factor 1 – Corporate Experience (Non-Price):

The Government will evaluate the offeror’s submission of 3 examples of relevant and recent corporate experience and a description of work products that are comparable to the requirements in the PWS for both the IDIQ and Task Order #1.

Relevant is corporate experience obtained through contracts, subcontracts, joint ventures and contractor team arrangements for similar complexity to the requirements in the contract and Task Order #1 PWSs. Recent is corporate experience from previous contracts, subcontracts, joint ventures and contractor team arrangements that are relevant and have been performed after July 1, 2014.

Also, the Government will evaluate the following:

1) Offers reflect sufficient and detailed descriptions of the company’s capability and experience with successful projects of comparable scope.

2) If an alternative mix of labor categories and or hours, from the

Government’s Attachment 2 Pricing Sheets, is proposed, the offeror has proposed and provide sufficient rationale for the alternative labor and or hours distribution.

proposals that include corporate experience, as listed in this descending order of importance:

1) Coast Guard;

2) Department of Navy;

(d) Technical Capability/Sub-factor 2 – Personnel (Non-Price): The Government will evaluate a resume for the Key Personnel (Project Manager) that is proposed to work on the resultant IDIQ contract and resumes of all personnel that are proposed to work on Task Order #1 to the extent to which the Offeror has demonstrated that the personnel proposed have the relevant, recent experience (experience after July 1, 2014), education, training, technical expertise, and certification that demonstrates his or her ability to perform the tasks described in the PWS for both the IDIQ contract and Task Order #1.

The Government will evaluate the following:

1) Adequate staffing (to include appropriate personnel) that clearly relates to IDIQ and Task Order #1 PWSs and corporate assurance/confidence that staffing requirements and service levels are met.

2) Appropriate levels of experience similar to the scope and complexity of the IDIQ and Task Order#1 requirements.

Preference will be given to proposals that include personnel who have experience in developing training in the subject matter identified in the IDIQ PWS. Preference will be given to proposals that include personnel who have experience in developing training in the subject matter area of “knowledge of and experience in shipboard damage control" identified in the Task Order #1 PWS.

proposals that include personnel experience, as listed in this descending order of importance:

1) Coast Guard;

2) Department of Navy;

Factor 2: Past Performance:

Only past performance determined to be relevant and recent will be evaluated.

To be considered relevant and recent, the past performance being referenced must have been performed within the past three years on efforts of similar scope and complexity to the work outlined in the SOW. The past performance evaluation will examine the extent to which the Offeror’s past performance demonstrates their ability to successfully conform to requirements and standards in terms of quality of support services and defined deliverables; adherence to contract schedules; management, and customer satisfaction.

A lack of any relevant Past Performance information will be treated by the Government as a “Neutral” rating under this evaluation factor. The USCG reserves the right to consider other Past Performance queries and databases to gather additional information other than what is submitted in response to the solicitation.

The Past Performance evaluation assesses the degree of confidence the Government has in an Offeror’s ability to provide services that meet the Government’s needs based on a demonstrated record of performance.

Factor 3: Price:

The Government will evaluate 1) the total estimated price of all CLINs for the IDIQ as calculated in Attachment 2, which includes the Government provided Cost-reimbursable Travel with Not to Exceed Ceiling amounts and 2) the overall Firm Fixed Price of Task Order # 1 as calculated in Attachment 2 to include the sum of the Task Order #1 CLINs in order to determine price reasonableness.

The Government will not rate or score price, but will analyze each Offeror’s price for, reasonableness, and completeness, for both the IDIQ and the Task Order #1.

This analysis will include the Offeror’s understanding of the PWS requirements, and substantiate the validity of the Offeror’s approach to performing the PWS requirements. Failure to propose a complete pricing proposal covering the IDIQ and Task Order #1 may result in not being considered for award.

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, that Offeror may be required to submit Data Other than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

BASIS FOR AWARD:

Selection for award of a task order shall be to the responsible Offeror whose proposal contains the combination of those evaluation criteria offering the best value to the Government using the tradeoff process. This will be determined by comparing the differences in the value of technical features with differences in price to the Government. In making this comparison the Government is concerned with striking the most advantageous balance between technical, past performance, and price to the Government.

The best value basis for award will be based on consideration of the following evaluation factors and subfactors: (1) Technical Capability, (2) Past Performance, and (3) Price. Within the Technical Capability factor, the subfactors are listed in descending order of importance with Subfactor 1- Corporate Experience being more important than Subfactor 2 - Personnel. Technical Capability is more important than Past Performance. When combined, all non-price evaluation criteria are significantly more important than price. As non-price evaluation ratings converge, price may become more important. The Government may award any resulting order to other than the lowest-price offer, or to other than the offer with the highest non-pricing rating.

The Government intends to evaluate proposals and award a single contract without discussions with Offerors. Therefore, each initial offer shall contain the Offeror’s best terms from a technical and price standpoint. The Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer. The Government may reject any or all offers if such action is in the public interest; may accept other than the lowest offer; and may waive informalities and minor irregularities in offers received.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

4. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (Jan 2017) with Alternate I (Oct 2014)

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

(a) Definitions. As used in this provision— https://www.sam.gov/portal

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any

Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled:

“Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review https://www.acquisition.gov/far/current/html/www.dol.gov/fairpayandsafeworkplaces

Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-

Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for

Contractors);

(2) Department of Labor Occupational Safety and Health Administration

(OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

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

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

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

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon

Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for

Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

and

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

(2) The management and daily business operations of which are controlled http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).