Section_L.doc

Solicitation No. HSCGG3-10-R-PWV500 USCG-Operations Systems Center (OSC), APLES

Solicitation No. HSCGG3-10-R-PWV500 USCG-Operations Systems Center (OSC), APLES

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 GENERAL INFORMATION TO OFFERORS

L.1.1 STANDARD FORM OF CONTRACT AND PROPOSAL

The Offeror’s proposal response shall consist of:

(1) Signed cover letter certifying that the Offeror has read and agrees to comply with all the conditions and instructions provided in this solicitation document,

(2) Cost Proposal, to include completed Cost Templates and corresponding cost data for the Phase-In, Base, and all Option Periods (Section L, Attachment 4),

(3) Offeror’s Technical Proposal (Part I, II, III, and IV),

(4) A completed copy of the Representations and Certifications at FAR 52.212-3, ALT I (JUN 2009) (Section K of the solicitation), and

(5) Acknowledgement of Solicitation Amendments, if applicable.

L.1.2 INQUIRIES

Offerors shall only contact the Contracting Officer, Kathy P. Klein, Kathy.P.Klein@uscg.mil or Contract Specialist, Sherrie D. Walters, Sherrie.D.Walters@uscg.mil for information about this solicitation. Other Government personnel must not be contacted in regard to this solicitation prior to award. Prospective Offerors are also cautioned to advise potential subcontractors or teaming members of this instruction.

L.1.3 Solicitation Amendments Any amendments or other informational material issued by the Government prior to the due date for proposals will be made available only on FedBizOpps. (http://www.fedbizopps.gov/). The Government reserves the right to amend or cancel the solicitation as necessary to meet USCG requirements.

L.1.4 Incurring Cost Prior to Contract Execution

Issuance of this solicitation does not constitute an award commitment on the part of the Government. This request does not commit the Government to pay for costs incurred prior to the execution of a formal contract unless specifically authorized in writing by the Contracting Officer. The Contracting Officer is the only individual who can legally obligate the Government to the expenditure of public funds should a contract result by reason of a response to this Request for Proposal.

L.1.5 Sample Task Order

The systems engineering work currently being performed at the OSC under the Systems Engineering and Technical Services (SETS II) Task Order #HSCGG3-05-F-TWV436, is representative of the type of tasking to be performed under the APLES IDIQ contract. Accordingly, this solicitation includes a Sample Task Order encompassing all software engineering work currently being performed at OSC. The Sample Task Order is included in Section J, Attachment 1.

It is anticipated that the initial APLES Task Order for the “follow-on” software engineering work at OSC will be issued immediately after award of the IDIQ contract and is anticipated to be effective 1 May 2010. The initial Task Order will be Cost Plus Fixed Fee (CPFF) type.

The period of performance for the initial APLES Task Order is 32 months. The Task Order period will encompass a Phase-In/Base Period of 8 months (from 01 May 2010 to 31 December 2010), and two annual 12 month option periods.

Offerors must demonstrate their technical capabilities, and past performance based on the requirements in the Sample Task Order. Additionally, Offerors must base their cost proposal for the IDIQ contract on the tasking detailed in the Sample Task Order for the Phase-in, Base and all Option Periods (60 month period of performance) as stipulated in the APLES Cost Template in Section L, Attachment 4.

The IDIQ evaluated price will be based on the Cost Templates provided.

L.1.6 ACCESS TO BUILDING

The U.S. Coast Guard Operations Systems Center, located at 408 Coast Guard Drive, Kearneysville, WV 25430-3002, is a controlled access building. At all times, prior arrangements for access must be made by contacting Kathy P. Klein, Contracting Officer, via e-mail Kathy.P.Klein@uscg.mil , or Sherrie D. Walters, Contract Specialist, via e-mail Sherrie.D.Walters@uscg.mil, at least 3 workdays prior to the date when access is required. It is the Offeror’s responsibility to ensure that proposals are delivered by the due date and time required in the solicitation.

L.1.7 Access to Supplementary Technical Information Compact Disks (CDs) with supplemental technical information will be available to interested Offerors. The CDs will be available for distribution at the site visit on 11 February 2010. One CD will be provided to each Offeror and/or Subcontractor. The CD will include pertinent documents and data relevant to this solicitation.

L.1.8 VENDOR SITE VISIT

The vendor site visit will be conducted at the Annex 1 Building of the OSC, on Wednesday, 17 February 2010 at 10:00 AM EST. Vendors must submit their full legal names and company affiliation of all persons wishing to attend the site visit to the Contracting Officer via e-mail Kathy.P.Klein@uscg.mil no later than Thursday, 11 February 2010, 3:00 PM EST. Only those persons listed on the official OSC Visitor Log for that date will be admitted. Individuals must present a valid picture ID to OSC security personnel upon entering the premises.

L.1.9 VENDOR QUEDTIONS/CLARIFICATIONS

All vendor questions and clarifications pursuant to this solicitation must be received by the Contracting Officer, Kathy.P.Klein@uscg.mil or Contract Specialist, Sherrie Walters, Sherrie.D.Walters@uscg.mil no later than Wednesday, 24 February 2010 at 3:00 PM EST. The preferred method of submission is via e-mail. The Government reserves the right not to provide an answer for any vendor question/clarification received after the date and time stated above. If, however, the Contracting Officer determines that a request cites an issue of significant importance, the Government will provide written responses to all Offerors.

Other than administrative information or previously communicated public information, the Government will not provide any additional information in response to telephone calls. Contacting other USCG personnel regarding this solicitation in an attempt to gain procurement-sensitive information may result in disqualification from the evaluation process.

Written responses to all vendor questions/clarifications will be publicly posted on www.fbo.gov with due regard to the proper protection of proprietary information.

L.1.10 NAICS AND SMALL BUSINESS SIZE STANDARD

This procurement is set-aside for 8(a) Business Development Program, NAICS code 541511, Custom Computer Programming Services, and the small business size standard is $25M.

L.1.11 PRIME CONTRACTOR RESPONSIBILITIES

If the Offeror proposes a teaming arrangement, the Offeror shall be the prime Contractor and all other team members shall be subcontractors. The prime Contractor shall be responsible for all requirements.

L.1.12 EXCEPTIONS AND DEVIATIONS

Offerors must state, as part of their proposals, any exceptions taken to the terms and conditions of the solicitation. Any exceptions taken must contain sufficient amplification and justification to permit evaluation. All benefits to the Government shall be explained for each exception taken. Such exceptions will not, of themselves, automatically cause a proposal to be termed unacceptable. A large number of exceptions, or one or more significant exceptions not providing benefit to the Government, may result in rejection of the proposal(s) as unacceptable. Offerors are therefore encouraged to resolve any potential exceptions or deviations through the clarification process.

L.1.13 ALTERNATE PROPOSALS

Alternate proposals are not permitted.

L.2 INSTRUCTIONS FOR PROPOSAL PREPARATION, DELIVERY AND PACKAGING

This section of the solicitation provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The Offeror’s proposal must include all data and information requested by this solicitation document and must be submitted in accordance with these instructions. Non-compliance with the instructions provided in the solicitation may result in an unfavorable proposal evaluation.

The written proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the solicitation requirements, but rather provide convincing rationale to address how the Offeror intends to meet these requirements.

Offerors are cautioned that the quality of their proposals and adherence to solicitation response requirements and/or restrictions are considered reflective of the manner in which Offerers will be expected to conduct this contract and will be given due consideration throughout the evaluation process. Offerors are strongly encouraged to emphasize content in response to all solicitation requirements.

All text (including tables) contained in the proposal response must be printed on 8 ½ x 11 paper with margins of at least 1” at the top, bottom, and both sides, using Times New Roman 12 point font. Foldouts are not acceptable and will not be considered during evaluation of proposals.

L.2.1 Proposal Delivery

Technical and Cost Proposals shall be submitted in two separate binders, along with a CD that provides an electronic copy of both the Technical and Cost Proposals. The electronic proposals should be submitted in a format that is compatible with Microsoft Office 2007. The Technical Proposal shall consist of 4 separate sections: Part 1, Part II, Part III, and Part IV. Part I is the Offeror’s written submittal that corresponds to the technical approach. Part II is the Offeror’s management approach. Part III consists of the Offeror’s quality control program. Part IV is the Offeror’s past performance. The Technical Proposal shall include a proposal compliance matrix showing page and paragraph references for each specific proposal requirement.

The Cost Proposal shall be in a separate binder.

One (1) original and four (4) separate hardcopies of the Technical and Price/Cost Proposal shall be delivered by 3:00 PM EDT on Monday, 15 March 2010 to the following address:

Kathy P. Klein

U. S. Coast Guard

Operations Systems Center

408 Coast Guard Drive

Kearneysville, WV 25430-3002

When proposals are hand-carried or sent by courier service, Offerors assume the full responsibility for ensuring that the proposal is received at the location by the Contracting Officer by the required time. All offers must be closed and sealed as if for mailing and fully identified on the sealed envelope. Please note that there are no provisions for acceptance of late offers sent by overnight courier service regardless of the date of mailing. Offerors are hereby notified that the building located at the address stated above is a secure building and only uniformed couriers such as Federal Express, DHL, UPS, etc., will be allowed access into the building. All other couriers will be required to leave packages with U.S. Coast Guard OSC security personnel for delivery by the USCG mail courier.

L.2.2 Proposal Packaging

The Technical and Cost Proposals shall be delivered in separate volumes, bound in separate binders of minimum size to contain the material. A binder cover sheet shall be affixed to the outer cover of each volume, which clearly identifies each volume (by volume number and name), original or copy number (e.g., copy 1 of 3), the solicitation number, date of submission, and Offeror’s name. Tab indexing shall be used to identify all sections within a particular proposal volume, if applicable. There shall be no writing on the tab index page other than that writing necessary to identify the particular section.

L.2.3 PROPOSAL PREPARATION

L.2.3.1 Technical Proposal Requirements and Instructions The Technical Proposal shall consist of the Offeror’s technical approach for satisfying the requirements of the Sample Task Order. The Technical Proposal shall clearly delineate the division of performance between the Prime Contractor and the first-tier Subcontractor(s), if applicable. The Offeror’s technical proposal will consist of 4 separate sections: Part 1 (Technical Approach), Part II (Management Approach), Part III (Quality Control Program), and Part IV (Past Performance).

L.2.3.1.1

PART I – TECHNICAL APPROACH

Page Limitation: Page limitation: Not to exceed 25 pages. One cover page and one table of contents are allowed in addition to the 25 page limit.

The Technical Proposal should address each work area in the Sample Task Order in sufficient detail to demonstrate a clear understanding of the statement of work, including IT development/enhancement and operations and maintenance activities. General statements that the Offeror understands, can, or will perform the listed functions without supporting information/narrative are inadequate. Paraphrasing the PWS or parts thereof, is similarly inadequate, as are phrases such as “standard procedures will be employed” or “well-known techniques will be used.” This section shall be written to enable evaluators to make a thorough evaluation as to whether the services offered adequately respond to the specific Government requirements. The Technical Proposal shall clearly delineate the division of performance between the Prime Contractor and the first-tier Subcontractor(s), if applicable. The Offeror’s technical approach shall address the sub-factors listed in Section M.

L.2.3.1.2

PART II – MANAGEMENT APPROACH

Page Limitation: Page limitation: Not to exceed 15 pages; excluding submission of Offeror’s proposed Resumes of Key Personnel (resumes are limited to 2 pages each), and labor category position descriptions (descriptions are limited to 1 page for each labor category). One cover page and one table of contents are allowed in addition to the 15 page limit.

The Offeror’s proposal should demonstrate its management approach with emphasis on the applied use of management controls and IT certification concepts and policies to ensure delivery of services and capabilities on-time, within budget, and with the required service quality. The management approach narrative should contain enough information to indicate a level of thoroughness and detail to convey confidence in the proposed management plan. The Offeror’s proposed organizational structure and staffing should clearly demonstrate the Offeror’s ability to successfully accomplish all tasking in the Sample Task Order. The Offeror must provide a Staffing Matix in the proposal response, as described in the APLES IDIQ Performance Work Statement (PWS). The Staffing Matrix should clearly indicate a mapping of Contractor proposed labor categories as compared to the Government recommended labor category titles provided in Attachment 9 of the APLES IDIQ PWS.

The availability and existing commitments of Contractor key personnel must be described. Letters of commitment must be submitted for contingency hires, defined as persons not currently employed but who have executed a binding letter of commitment for employment with Offeror, if the Offeror receives award under this solicitation.

Offerors shall provide resumes for key personnel that include current information technology degrees and certifications. Offerors shall address whether these key personnel are currently employed by their company or have committed themselves to work on this effort. If the key personnel have worked on any of the contracts used in past performance, indicate which contracts and their role. The Offeror’s management approach shall address the Sub-factors listed in Section M.

The contractor shall provide position descriptions for each labor category. This information shall be provided for all levels of personnel proposed.

L.2.3.1.3

PART III – QUALITY CONTROL

Page Limitation: Page limitation: Not to exceed 5 pages. One cover page and one table of contents are allowed in addition to the 5 page limit.

Offerors shall describe their corporate quality control program and how the corporate office will evaluate on-site quality control efforts. Quality control should address the method of ensuring the quality of delivered IT services and capabilities, as well as the accuracy of cost, labor, and invoice projections. The quality control program narrative should also include a discussion of the proposed methods for ensuring cost accountability through the use of efficient and effective solutions and alternatives. The Offeror’s quality control program shall address the Sub-factors listed in Section M.

L.2.3.1.4

PART IV – PAST PERFORMANCE

Page Limitation: Page limitation: Not to exceed 15 pages Past Performance information shall not exceed 3 pages per reference. The Past Performance Information submitted in Part IV will address the following:

· Offers shall identify past performance references, 3 for the Prime Contractor and 2 for each first-tier Subcontractor, of separate contracts/Task Orders performed with the Federal Government, state or local government, a quasi-governmental organization, or a commercial organization. The references shall cover performance by the Offeror and all proposed first-tier subcontractors.

· References provided shall be from within the last 3 years, been performed for a minimum of 1 year, and should be as close as possible to a type of work and size comparable to the requirements in Section C. Information submitted to describe past performance shall directly relate to the Offeror and the first-tier subcontractor(s) (i.e., do not include work performed under the same contract by another party).

NOTE: Subcontractor data shall reflect comparable contract performance (type of work) for which they are proposed on this Contract.

· Offerors shall provide the following information, for each past performance reference:

1. Customer’s name, address, and telephone number, and email of the contracts and technical points of contact. Ensure that the information is current and accurate by verifying the all contact information.

2. Contract type and total value.

3. Date contract was awarded, place(s) of performance, and contract period of performance.

4. Average number of personnel on the contract per year.

5. Describe how the respective contract is similar in size, content, and complexity to the APLES requirement. It is not sufficient to state that it is comparable in magnitude and scope. Rationale must be provided to clearly demonstrate that it is comparable.

6. Terminated contracts (partial or complete) within the past three years and the basis for termination (convenience or default). Include the contract number, name, address, and telephone number of the terminating contracting officer. Include contracts, or portions of contracts that were “de-scoped” by the customer because of performance or cost problems.

7. Describe any awards or other recognition received from customers.

L.2.3.1.5 Past Performance Questionnaire

In addition to the required Past Performance Information, the contractor shall include Past Performance Questionnaires (Section L, Attachment 1) for each of the references cited. The Past Performance Questionnaires shall be mailed directly from the Evaluating Organization to the Contracting Officer. It is the Contractor’s responsibility to ensure Past Performance Questionnaires arrive not later than date and time of receipt of proposals, to the following address:

Kathy P. Klein

U. S. Coast Guard

Operations Systems Center

408 Coast Guard Drive

Kearneysville, WV 25430-3002

Kathy.P.Klein@uscg.mil NOTE: The Government reserves the right to contact and use information provided by the references and any other sources. It is the Offeror’s responsibility to ensure all reference data is current so that the performance information can be evaluated.

L.2.3.2 PRICE/COST PROPOSAL REQUIREMENTS AND INSTRUCTIONS

The Cost Template (Section L, Attachment 4) provides details on all cost elements mandatory for submission by the Offeror.

L.2.3.2.1 Completion of Cost Template

The Cost Template for the Phase-In Period, Base Period, and all Option Periods must be completed and submitted with the Offeror’s proposal response. For each spreadsheet provided, the estimated labor cost and fixed fee for the respective period of performance must be stated. For the purposes of evaluation, other direct costs (ODCs) estimated by the Government will be considered equal for all Offerors. The Government’s ODC estimates will be used for evaluating cost proposals. Any and all other indirect costs applied to the Government’s estimated ODC’s will be part of the Offeror’s total evaluated cost and must be included in the Offeror’s cost proposal.

L.2.3.2.2 Cost Template Components

Offerors’ Cost/Price Proposals shall have the components as detailed in the APLES Cost Template, provided as a Microsoft Excel workbook in Section L, Attachment 4. Data in the detailed worksheets for each performance period is arranged by system for purposes of Government budgeting and evaluation purposes. Offerors are encouraged to provide staffing requirements with the aim of providing overarching Product Line and Task Order support rather than focusing on staffing individual system teams. Offerors should strive to develop staffing profiles which promote and achieve functional efficiencies through matrixed resource assignments by Product Line.

The Cost Template must be completed for the Transition, Base and all Option Periods, and submitted with the Offeror’s proposal response. The total number of full time equivalent (FTEs) hours for each performance period are indicated in each table (ex., for the 12-month Option Period 1, 1 FTE is equal to 1850 hours). The Cost Template must be completed in its entirety.

The following data is provided to assist in preparing cost/price proposals:

· FY09 SETS II Historical Data (spreadsheet), Section L, Attachment 2.

· FY10 Level of Effort Budget Data, Section L, Attachment 3.

The table below is a summary of the workbook components.

Completion of the Cost Template will allow for a streamlined review of cost proposals. The specific formats provided are required to ensure that costs are compiled using the same methodology to facilitate efficient evaluations of cost proposals.

The spreadsheets are not protected to allow for adjustments as necessary to support the technical approach, but overall structure of each component shall not be modified. The spreadsheet has been pre-populated with some formulas for illustrative purposes. Due to variations in how costs are assigned by different Offerors, not all formulas were included to allow flexibility in submitting the cost proposal. Offerors are responsible for validating all data provided in the Cost Template.

L.3 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 quotation or 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 quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.arnet.gov/far/.

L.3.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

NUMBER

DATE

Title 52.204-6

OCT 2003

Data Universal Numbering System

(DUNS) Number 52.214-34

APR 1991

Submission of Offers in the English Language 52.214-35

APR 1991

Submission of Offers in U.S. Currency 52.215-1

JAN 2004

Instructions To Offerors—Competitive

Acquisition 52.215-8

OCT 1997

Order of Precedence-Uniform Contract Format

52.222-24

FEB 1999

Preaward On-Site Equal Opportunity Compliance

Evaluation

52.222-46

FEB 1993

Evaluation Of Compensation For

Professional Employees

52.232-38

MAY 1999

Submission Of Electronic Funds Transfer Information

With Offer 52.237-1

APR 1984

Site Visit

L.4 FAR CLAUSES, FULL TEXT

L.4.1 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract as a result of this solicitation.

At the discretion of the Contracting Officer, the Government may use a variety of contract types for task orders issued under the IDIQ contract, to include: Firm Fixed Price (FFP), Cost Plus Incentive Fee (CPIF), Cost Plus Fixed Fee (CPFF) and Cost Plus Performance Incentive Fee (CPPIF). Each Task Order Request for Proposal issued under this IDIQ contract will identify the Government’s determination of task order type.

L.4.2 FAR 52.233-2 – SERVICE OF PROTEST (SEP 2006)

a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

COMMANDING OFFICER (OSC)

408 Coast Guard Drive Kearneysville, WV 25430

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should submitted to:

Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington DC 20593-0001

FAX: 202-475-3904

L.4.3 FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS-ALT III (DEVIATION)(NOV 2005)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) Offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________ [insert name of SBA's contractor] will notify the ____________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

L.4.4 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FAR 52.222-46) (FEB 1993)

Recompetition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished professional employees. This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government’s best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensated. As part of their proposals, Offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements. This evaluation will include an assessment of the Offeror’s ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure.

The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, the complexity of various disciplines, and professional job difficulty. Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees. Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement.

The quality and stability of the work force to be employed on task orders issued under this IDIQ contract is important to the Government. Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories may impair the Contractor’s ability to attract and retain competent professional service employees. This may be viewed as evidence of failure to comprehend the complexity of the contract requirements.

L.4.5 FAR 52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997)

(a) Definitions. As used in this provision—

“Uncompensated overtime” means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours.

“Uncompensated overtime rate” is the rate that results from multiplying the hourly rate for a 40-hour work week by 40, and then dividing by the proposed hours per week. For example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an uncompensated overtime rate of $17.78 per hour ($20.00 40 divided by 45 = $17.78).

(b) For any proposed hours against which an uncompensated overtime rate is applied, the Offeror shall identify in its proposal the hours in excess of an average of 40 hours per week, by labor category at the same level of detail as compensated hours, and the uncompensated overtime rate per hour, whether at the prime or subcontract level. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged direct.

(c) The Offeror’s accounting practices used to estimate uncompensated overtime must be consistent with its cost accounting practices used to accumulate and report uncompensated overtime hours.

(d) Proposals that include unrealistically low labor rates, or that do not otherwise demonstrate cost realism, will be considered in a risk assessment and will be evaluated for award in accordance with that assessment.

(e) The Offeror shall include a copy of its policy addressing uncompensated overtime with its proposal.

L.4.6 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

L.4.7 52.252-1 Solicitation Provision Incorporated by Reference

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 quotation or 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 quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

L.5 HOMELAND SECURITY ACQUISITION REGULATIONS (HSAR) CLAUSES,

FULL TEXT

L.5.1 HSAR 3052.209-72 DISCLOSURE OF CONFLICTS OF INTEREsT (DEC 2003)

The Department of Homeland Security (DHS) will award contracts only to those Offerors whose objectivity is not impaired by conflicting interests. Based on this policy—

(a) The Offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization whose interests may be substantially affected by Departmental activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors for more than 20% of the work and key personnel of the Offeror and any subcontractor accounting for more than 20% of the contract. Past interest shall be limited to within one year of the date of the Offeror's technical proposal.

Key personnel, for purposes of this clause, shall include any person owning more than 20% interest in the company, and the company’s corporate officers, its senior managers and any employees responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

(b) The Offeror shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner.

(c) In the absence of any relevant interest identified in (a) above, the Offeror shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Offeror must obtain the same information from potential subcontractors prior to award of a subcontract.

(d) The Contracting Officer will review the statement submitted and may require additional relevant information from the Offeror. All such information, and any other relevant information known to DHS, will be used to determine whether an award to the Offeror may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the Offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the Offeror and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(e) The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the Offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If, after award, the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been known prior to award, an immediate and full disclosure shall be made in writing to the Contracting Officer. The disclosure shall include a full description of the conflict, a description of the action the contractor has taken, or proposes to take, to avoid or mitigate such conflict. The Contracting Officer may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the Government.

SEcTION L

ATTACHMENT 1: PAST PERFORMANCE QUESTIONNAIRE

This attachment contains the Past Performance Questionnaire that is required for the APLES contract.

SECTION l

ATTACHMENT 2: fy09 sets II historical data

Due to formatting and sizing constraints, the FY09 SETS II Historical Data spreadsheets have been embedded in the object below. The spreadsheets should be printed to legal size copy paper for best viewing. Click on the icon to view actual FY09 labor breakdown and all other direct costs.

SECTION L

Attachment 3: FY10 Level of effort Budget Data

Due to formatting and sizing constraints, the FY10 Level of Effort Budget Data spreadsheet is embedded in the object below. The spreadsheets should be printed to legal size copy paper for best viewing. Click on the icons to view the complete APLES labor and other direction costs (ODC) projections for FY10.

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ATTACHMENT 4: APLES cost Template

Due to formatting and sizing constraints, the APLES Cost Template summary spreadsheet is embedded in the object below. The spreadsheets should be printed to legal size copy paper for best viewing. Click on the icon to view the information.

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SETSII_Historical_Data

General Contract Services (GCS) Finance Human Resources Intelligence Logistics Operations Enterprise Information Services Hours Summary Cost Summary

Labor Category Contract Program Management Contract Program Management Total GCS Hours Total Current Systems Hours Total Current Systems + GCS Hours FTE (Hours/1850) ALL Total GCS Cost Total Current Systems Cost Total Current Systems + GCS Cost

Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost

Labor Category

Applications Engineer 0.0 1,024.0 $53,249.00 25,726.2 $1,542,747.00 30,795.3 $1,861,348.00 12,530.8 $898,425.00 52,543.7 $3,253,301.00 38,618.9 $2,489,551.00 0.0 161,238.9 161,238.9 87.2 $0.00 $10,098,621.00 $10,098,621.00

Business Analyst/Architect 0.0 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 118.2 $4,311.00 0.0 118.2 118.2 0.1 $0.00 $4,311.00 $4,311.00

Configuration Management Specialist 0.0 0.0 $0.00 9.0 $469.00 0.0 $0.00 0.0 $0.00 1,836.5 $104,080.00 2,992.5 $123,238.00 0.0 4,838.0 4,838.0 2.6 $0.00 $227,787.00 $227,787.00

Database Management Specialist 0.0 6,635.0 $55,096.00 6,255.5 $423,166.00 10,083.0 $819,598.00 8,161.3 $2,402,147.00 22,816.3 $1,354,172.00 9,561.6 $689,583.00 0.0 63,512.7 63,512.7 34.3 $0.00 $5,743,762.00 $5,743,762.00

Technical Writer/Editor 0.00 412.0 $17,602.00 7,071.0 $252,779.00 1,046.5 $43,275.00 3,999.8 $169,846.00 10,502.0 $426,454.00 2,237.8 $97,247.00 0.0 25,269.1 25,269.1 13.7 $0.00 $1,007,203.00 $1,007,203.00

Project Control Specialist 0.00 974.5 $79,202.00 8,602.4 $576,027.00 8,954.7 $684,665.00 8,064.3 $562,633.00 9,977.0 $782,016.00 9,257.1 $613,557.00 0.0 45,830.0 45,830.0 24.8 $0.00 $3,298,100.00 $3,298,100.00

Systems Administrator 0.00 1,264.5 $74,573.00 8,710.5 $489,087.00 13,595.2 $842,291.00 10,010.0 $658,176.00 18,045.8 $1,041,071.00 18,724.2 $1,091,420.00 0.0 70,350.2 70,350.2 38.0 $0.00 $4,196,618.00 $4,196,618.00

Systems Analyst 0.00 0.0 $0.00 3,167.5 $175,996.00 3,509.4 $205,095.00 6,702.5 $422,853.00 3,132.0 $289,717.00 5,972.5 $295,278.00 0.0 22,483.9 22,483.9 12.2 $0.00 $1,388,939.00 $1,388,939.00

Functional Analyst 0.0 0.0 $0.00 6,621.6 $296,079.00 9,045.2 $403,246.00 4,588.1 $204,645.00 9,550.2 $437,268.00 11,487.9 $534,997.00 0.0 41,293.0 41,293.0 22.3 $0.00 $1,876,235.00 $1,876,235.00

Test Engineer 0.0 0.0 $0.00 4,212.0 $245,837.00 5,183.5 $266,090.00 2,112.5 $102,321.00 16,799.0 $914,350.00 5,602.5 $313,492.00 0.0 33,909.5 33,909.5 18.3 $0.00 $1,842,090.00 $1,842,090.00

Program Manager 7.0 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 7.0 0.0 7.0 0.0 $0.00 $0.00 $0.00

Procurement Specialist 4.0 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 4.0 0.0 4.0 0.0 $0.00 $0.00 $0.00

0.0 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 0.0 0.0 0.0 $0.00 $0.00 $0.00

Total 11.0 $2,273,393.00 10,310.0 $279,722.00 70,375.7 $4,002,187.00 82,212.8 $5,125,608.00 56,169.3 $5,421,046.00 145,202.5 $8,602,429.00 104,573.2 $6,252,674.00 11.0 468,843.5 468,854.5 253.4 $2,273,393.00 $29,683,666.00 $31,957,059.00

FTEs by Project (Hours/1850) 0.0 5.6 38.0 44.4 30.4 78.5 56.5 0.0 253.4 253.4 0.1

Other Direct Costs

Material/Equipment Purchases $5,603.00 $19,015.00 $161,816.00 $15,516.00 $1,231,158.00 $647,193.00 $2,080,301.00 $2,080,301.00

Hardware/Software Licenses & Maintenance Agreements $29,227.00 $446,196.00 $1,454,073.00 $524,814.00 $920,259.00 $1,181,241.00 $4,555,810.00 $4,555,810.00

Travel/Miscellaneous $261,680.00 $339,513.00 $468,552.00 $366,173.00 $1,769,234.00 $1,227,799.00 $4,432,951.00 $4,432,951.00

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Total ODCs $296,510.00 $804,724.00 $2,084,441.00 $906,503.00 $3,920,651.00 $3,056,233.00 $11,069,062.00 $11,069,062.00

Total Cost (Labor Plus ODCs) $2,273,393.00 $576,232.00 $4,806,911.00 $7,210,049.00 $6,327,549.00 $12,523,080.00 $9,308,907.00 $2,273,393.00 $40,752,728.00 $43,026,121.00

APLES_Labor

FY10 Level of Effort Data

Expense Category Contract Management Engineering Services by Branch

1. Labor (1FTE = 1850 Hours/Year) General Contract Services Finance Operations Human Resources Logistics Enterprise Information Intelligence Hours Summary

Applications Engineer I I 0 0.0 0.0 0.0 0.0 0.0 3700.0 1850.0 0.0 0.0 1850.0 1850.0 0.0 9250.0 3700.0 0.0 0.0 0.0 2775.0 0.0 0.0 6475.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1850.0 0.0 1850 3700.0 1850.0 5550.0 2775.0 0.0 10175.0 0.0 29600.0 29600.0

Applications Engineer II II 0 0.0 1850.0 0.0 1850.0 0.0 0.0 0.0 0.0 3700.0 0.0 9250.0 0.0 12950.0 0.0 0.0 0.0 0.0 1850.0 0.0 0.0 1850.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5550.0 5550.0 0.0 0.0 5550.0 3700.0 0.0 3700 12950.0 1850.0 1850.0 0.0 0.0 3700.0 0.0 38850.0 38850.0

Applications Engineer III III 0 0.0 1850.0 0.0 1850.0 3700.0 1850.0 1850.0 0.0…