HT9402-15-R-0001_Amendment_0002.pdf

HT9402-15-R-0001 Page 2 of 25 Amendment 0002

The following have been modified:

BLK 14 CONTINUATION

B. Summary of Changes:

Document Section/Paragraph # Change/Revision RFP Section A, SF 33 Blk 9 Revised Blk 9 due date from April 28, 2015 to

Volume 3 April 28, 2015 hard and electronic copies (unchanged) Volume 1, 2 & 4 hard and electronic copies to May 12, 2015 Combined Volumes 1, 2, 3 & 4 electronic copy May 12, 2015

RFP Section K, FAR Clause 52.204-8(a)(2)

Revised size standard from 35.5M to 38.5M

RFP Section M, Paragraph M.2.2.

Revised the language and clarified the evaluation of Small Business Participation

C. The solicitation is amended to reflect changes described herein; a conformed solicitation is provided as an attachment to this amendment. Changed areas in the conformed solicitation are indicated by a vertical line in the left margin.

D. All other terms and conditions of the solicitation remain the same.

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

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FAR 52.204-8 Annual Representations and Certifications (DEC 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 524114.

(2) The small business size standard is $38.5 million average annual receipts.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

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(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

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(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

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(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.

This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size https://www.acquisition.gov/

HT9402-15-R-0001 Page K5 of K15 Amendment 0002 standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

FAR 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014)

FAR 52.204-17 Ownership of Control of Offeror (NOV 2014)

(a) Definitions. As used in this provision—

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as an NCAGE code.

“Highest-level owner” means the entity that owns or controls an immediate 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.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to

HT9402-15-R-0001 Page K6 of K15 Amendment 0002 paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:________________________________________

Immediate owner legal name:_________________________________________ (Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:________________________________________

Highest level owner legal name:_________________________________________ (Do not use a “doing business as” name)

(End of provision)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)

FAR 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 proceeding 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—

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

and

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(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.

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(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).

(End of provision)

FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities;

or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of provision)

FAR 52.230-1 Cost Accounting Standards Notices and Certification (MAY 2012)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

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Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201- 2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement -- Cost Accounting Practices and Certification

(a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

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Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed:

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

* (4) Certificate of Interim Exemption. The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current

HT9402-15-R-0001 Page K11 of K15 Amendment 0002 cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below.

Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

* The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards Applicable to Existing Contracts

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

* yes * no

(End of Provision)

FAR 52.230-7 -- Proposal Disclosure—Cost Accounting Practice Changes. (APR 2005)

The offeror shall check “yes” below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes.

[ ] Yes [ ] No

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If the offeror checked “Yes” above, the offeror shall--

(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(NOV 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

(End of provision)

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications. (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204- 8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus—Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252216.htm#252.216-7008

HT9402-15-R-0001 Page K13 of K15 Amendment 0002 and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)—Representation.

Applies to solicitations and contracts when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)—Representation.

Applies to solicitations and contracts when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

___ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

___ (ii) 252.225-7000, Buy American—Balance of Payments Program Certificate.

___ (iii) 252.225-7020, Trade Agreements Certificate.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252222.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/222_17.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7042 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7049 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7050 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252229.htm#252.229-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm#252.247-7022 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm#252.209-7002 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7000 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7020

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___ Use with Alternate I.

___ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

___ (v) 252.225-7035, Buy American—Free Trade Agreements— Balance of Payments Program Certificate.

___ Use with Alternate I.

___ Use with Alternate II.

___ Use with Alternate III.

___Use with Alternate IV.

___ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

DFARS 252.209-7999 (DEVIATION) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7031 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7035

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(DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub.L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that –

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The offeror represents that –

(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Section)

SECTION M

EVALUATION FACTORS FOR AWARD

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M.1. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

M.2. BASIS OF EVALUATION

M.2.1. General. This is a competitive source selection and will be conducted in accordance with the Federal Acquisition Regulation (FAR) and applicable supplements. The Government has established a Source Selection Evaluation Board (SSEB) to evaluate proposals submitted in response to this Request for Proposal (RFP). Proposals will be evaluated by the SSEB using the evaluation factors and subfactors identified below. The Source Selection Advisory Council (SSAC) will provide a recommendation to the Source Selection Authority (SSA). The source selected from this process will be the proposal representing the best value to the Government as determined by the SSA.

M.2.2. The Government anticipates award of a single, Requirements type, fixed unit price contract to the responsible offeror whose proposal represents the best value to the Government.

The Government may make trade-offs among the first three factors (Technical Approach, Past Performance, and Price) assuming an offeror is rated as “acceptable” in factor four (Small Business Participation) when determining which offer constitutes the best value to the Government. This can result in selection of other than the low priced offer.

M.3. EVALUATION FACTORS AND RELATIVE VALUES

M.3.1. The Government shall evaluate each proposal against the following factors and subfactors.

Factor 1 - Technical Approach Subfactor 1 – Network Development and Maintenance Subfactor 2 – Beneficiary and Provider Services Subfactor 3 – Management Approaches

Factor 2 – Past Performance Factor 3 – Price Factor 4 – Small Business Participation

M.3.2. Price is the most important individual factor. When the non-price factors (Factors 1 and

2) are combined, they are significantly more important than Price. The Technical Factor and the Past Performance Factor are equal in importance. The Small Business Participation Factor will be rated “acceptable”/ “unacceptable” as described in M.7.1. An “unacceptable” rating in the Small Business Participation Factor will make an offeror ineligible for award. Within the Technical Factor, subfactor 1, subfactor 2 and subfactor 3 are of equal importance.

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M.4. EVALUATION OF FACTOR 1 - TECHNICAL APPROACH

M.4.1. The Government will evaluate each subfactor under Factor 1 to determine a technical merit rating and a technical risk rating for each subfactor. The technical merit and technical risk ratings will be considered in determining the best value to the Government. Proposals will be evaluated on the basis of how well an offeror’s proposed procedures, methods, and delivery of services meet or exceed the Government’s minimum standards and/or requirements. The Government will consider whether an aspect of an offeror’s proposal, that has merit or exceeds specified performance or capability requirements, will be advantageous to the Government, beneficiaries, and/or providers during contract performance. If the aspect of the proposal is found to be advantageous, the Government may assess a strength. If the Government deems part of the proposal to be a strength, the strength will be credited to only one subfactor. The Government will have the sole discretion in determining which subfactor the strength best fits.

Each proposal will be evaluated separately and will be evaluated solely on its own merits.

M.4.1.1. Technical Merit Rating

The Government will assess a technical merit rating to each Factor 1 subfactor. The purpose of the technical merit rating is to assess the offeror’s proposed approach for each subfactor, and the degree to which the proposed approach meets or exceeds the requirements based on the evaluation criteria below. In evaluating the offeror’s proposal, the Government will review the offeror’s compliance with the requirements, whether the offeror demonstrates that it understands the requirements and whether the offeror demonstrates a sound approach to accomplish the requirements. For those subfactors below that include acceptable/unacceptable ratings, if an unacceptable rating is determined for any criterion then that subfactor will receive an overall subfactor merit rating of “red/unacceptable”. The following definitions will apply when assigning technical ratings:

• Strength – an aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government, beneficiaries, and/or providers during contract performance.

• Weakness – means a flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

• Significant Weakness – means a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

• Deficiency – a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

• Acceptable – Proposal clearly meets the minimum requirements of the solicitation (Strengths are not assessed for this evaluation).

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• Unacceptable – Proposal does not clearly meet the minimum requirements of the solicitation.

Technical Merit Color

Technical Merit Rating

Technical Merit Definition

Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. The proposal contains multiple strengths and no deficiencies.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains at least one strength and no deficiencies

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Proposal has no strengths or deficiencies.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements.

Red Unacceptable Proposal does not meet requirements and contains one or more deficiencies and is un-awardable.

M.4.1.2. Technical Risk Evaluation

In addition to the evaluation for technical merit, the Government will separately evaluate the Factor 1 subfactors for technical risk. The Government will assess the level of risk based on the degree to which the offeror’s proposed technical approach may cause the potential for disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful contract performance. One of the following Technical Risk ratings will be assigned to each subfactor:

Technical Risk Rating

Technical Risk Definition

Low Has little potential to cause disruption of schedule, increased costs, or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Can potentially cause disruption of schedule, increased costs, or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Is likely to cause significant disruption of schedule, increased costs, or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

M.4.2. Subfactor 1 – Network Development and Maintenance

M.4.2.1. The Government will evaluate the offeror’s proposed network and their method for building and/or developing a quality network that will ensure access standards are met at the start of dental healthcare services (see Section C.3.3.2.a). The Government will evaluate how the proposed network will be maintained for the duration of the contract. The offeror’s proposal will be evaluated on their method for monitoring the provider network access and how instances of network inadequacy are corrected to ensure the access standard is met.

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M.4.2.2. The Government will evaluate the offeror’s proposed specialty network and their method for building and/or developing a quality network that will ensure specialty services are available at the start of dental healthcare services. The Government will evaluate how the proposed network will be maintained for the duration of the contract.

M.4.2.3. The Government will evaluate the offeror’s proposed methodology for maintaining an up-to-date directory of network providers as well as the offeror’s methodologies to determine a provider’s ability to accept new patients (See Section C.3.3.2.b). Merit will be evaluated on an acceptable/unacceptable basis. This subfactor criterion will be considered in the overall Subfactor 1 risk analysis.

M.4.3. Subfactor 2 –Beneficiary and Network Provider Services

M.4.3.1. The Government will evaluate proposals to ensure that the offeror’s approach provides for comprehensive services for beneficiaries and network providers. The Government will also evaluate the manner in which the services can be accessed and how they are delivered in order to meet or exceed the standards listed in C.3.3.4, C.3.3.5, C.3.3.6, C.3.3.7, and C.3.3.8.

M.4.3.2. The Government will evaluate the offeror’s proposed approach to sustaining or increasing enrollment for eligible beneficiaries and the method for meeting or exceeding the standards listed in C.3.1.

M.4.3.3. The Government will not assess a “strength” for proposing to exceed the following Government standards listed in Sections C.3.1.1.a and b, C.3.3.4.b and c, and C.3.3.7.a:

Enrollment Accuracy Enrollment Applications processed timely Claims Payment Accuracy Claims Error Correction Telephone Answered by Automated Response Unit (ARU) Telephone Answered by Customer Service Representative (CSR) Telephone Call Blockage Rate Telephone Call Resolution Priority Written and Email Correspondence Non-priority Written and Email Correspondence

M.4.4. Subfactor 3 – Management Approaches

M.4.4.1. The Government will evaluate the offeror’s proposed approach for establishing or maintaining staff, facilities and proposed infrastructure to achieve the TDP requirements. Merit will be evaluated on an acceptable/unacceptable basis. This subfactor criterion will be considered in the overall Subfactor 3 risk analysis.

M.4.4.2. The Government will evaluate the offeror’s proposed quality control program’s

HT9402-15-R-0001 Page M5 of M8 Amendment 0002 approach to identify, prevent and correct problem areas (See Section C.4.7.1.1). Merit will be evaluated on an acceptable/unacceptable basis. This subfactor criterion will be considered in the overall Subfactor 3 risk analysis.

M.4.4.3. The Government will evaluate the offeror’s proposed approach for increasing enrolled members’ utilization of diagnostic and preventive services (See Section C.3.2 and C.4.7.1.2).

M.4.4.4. The Government will evaluate the offeror’s proposed approach to providing the full TDP data set in accordance with C.4.10.1. The Government will evaluate the methods of downloading and manipulating the data and the ease in which it may be accomplished. In addition the Government will evaluate how the offeror ensures that the data is comprehensive and accurate.

M.5. EVALUATION OF FACTOR 2 - PAST PERFORMANCE

M.5.1. The Government will evaluate past performance information, provided in accordance with Section L and other sources, to determine how well an offeror has performed in the past on recent relevant work. The Government will only consider past performance information for relevant ongoing contracts and relevant contracts concluded within the last three years as defined in L.7.1.1. The Government will consider the entire period of performance of the contract submitted for past performance to include any transition-in and phase-out periods. The past performance evaluation will result in an assessment of the offeror’s probability of meeting the solicitation requirements. One performance confidence assessment rating will be assigned for each offeror after evaluating the offeror’s past performance.

M.5.2. The Government will evaluate past performance deemed relevant in terms of scope and the magnitude of effort and complexities as it relates to the requirements for this solicitation.

M.5.2.1. The Government will assign one of the following relevancy ratings to each contract provided by the offeror.

Relevancy Rating Relevancy Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/Past performance effort involved some of the scope and magnitude of effort and complexities that this solicitation requires.

Not Relevant Present/Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

M.5.2.2. The Government will assess an overall relevancy rating for each contract submitted for past performance as stated below:

• The Government will examine scope and complexities by reviewing the identified contracts’ effort to see how closely their performance history relates to the requirements for this solicitation. Assessment of relevancy will be based on those functions the

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• The Government will assess the magnitude of effort based on the number of claims processed annually or on the number of covered lives. Where a contract has processed fewer than 875,000 claims annually (approximately 25% of TDP claims annually), it will be considered less relevant with respect to magnitude than one where 875,000 claims or more were processed annually. In cases where claims processing will not be a function for that contractor/subcontractor and the performance history does not include claims processing, then the number of covered lives will be utilized in determining the magnitude of effort. Where a contract has fewer than 900,000 covered lives (approximately 50% of TDP eligible beneficiaries), it will be considered less relevant with respect to magnitude than one where 900,000 lives or more were covered. If a contract does not meet these size minimums it may be rated no higher than Somewhat Relevant.

M.5.3. Once a relevancy rating has been determined, the Government will review all available information regarding the quality of performance for each of the contracts. If an individual contract has been assessed as not relevant, no performance review will be conducted. The Government will identify positive and/or negative findings noted during the review. If any negative findings are identified during the review in which the offeror has not had the opportunity to provide comments, the Government will notify the offeror of the findings and allow the offeror the option to provide comments on these negative findings.

M.5.4. The Government will then assign a performance confidence rating relative to the offeror’s ability to successfully perform the requirements of this solicitation. Past performance history not relevant to providing any of the services in this solicitation will not be considered for the purpose of determining the performance confidence rating. An offeror’s description of its past performance (both the 10-page summary narrative and the individual 4-page specific descriptions for the largest contracts), the questionnaires completed by the offeror’s clients, and any information developed by the Government, will be used to develop a performance confidence rating. The Government may utilize information obtained from the clients listed in the proposal, other customers known to the Government, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and other sources that may have useful and relevant information. The Government may also utilize its own internal records and sources.

M.5.4.1. If an offeror with no relevant past performance submits relevant past performance information from a predecessor company, parent organization, consortium member, key personnel or subcontractors, this information will be considered in rendering a performance confidence level…