N0003023S7002_20230801_Appendix 1_Contracts Requirements.pdf

APPENDIX 1 - REQUIREMENTS APPLICABLE TO CONTRACTS

A. Submission Information Content and Format for Submission/Full Proposals: the following documents with attachments comprise a complete proposal package.

1. Cover page (.pdf format): one (1) page. Includes the program name, the Call number (if applicable), the contractor’s Unique Entity ID (UEI), date of submission and contractor’s address, and contractor’s Point of Contact (POC).

2. Technical Proposal (Word format): 10 pages (maximum). Includes the technical approach for proposed effort and proposed project schedule.

3. Cost Proposal Template (Excel format) for the prime and all proposed subcontractors: see Appendix 3 for template that may be used for submittal. Offeror responsible for all formulas and calculations in regard to accuracy of data in cells throughout.

4. DCAA Pre-award Survey of Prospective Contractor Accounting System: see BAA Appendix 2 for the Checklist to be submitted by contractors without an approved accounting system.

5. Statement of Work (SOW) (Word format): 10 pages (maximum). See BAA Appendix 4 for

Government required formatting.

6. Formatting Requirements: The format requirements for attachments are as follows:

Paper Size – 8.5 x 11-inch paper (11 x 17 “pull outs” = 2 pages) Margins – 1 inch Spacing – single or double-spaced Font – Times New Roman, 12 point

Offerors responding to this BAA must submit a separate list of all technical data or computer software that will be furnished to the Government with other than unlimited rights with the proposal. The Government will assume unlimited rights if offerors fail to identify any intellectual property restrictions in their proposals. Include all proprietary claims to results, prototypes, and/or deliverables. Offerors are to use DFARS 252.227-7013 and 7017 for guidance on proper formatting for the Identification and Assertion of Restricitions on the Government’s Use, Release, or Disclosure of Technical Data or Computer Software.

If no restrictions are intended, then the offeror should state “NONE.”

For proposals below the simplified acquisition threshold (less than or equal to $250,000), the Technical Proposal and the Cost Proposal Spreadsheet are required. Purchase orders can also contain options, as long as the total amount of the base and all options does not exceed $250,000.

For proposed subcontracts or inter-organizational transfers over $250,000, Offerors must provide a separate fully completed Cost Proposal Spreadsheet in support of the proposed costs.

This spreadsheet, along with supporting documentation, must be provided with the prime’s proposal. If the subcontract information is proprietary, it can be submitted via e-mail to the

Contracting Officer. The e-mail should identify the proposal title, the prime Offeror and that the attached proposal is a subcontract, and should include a description of the effort to be performed by the subcontractor.

All documents except the Cost Proposal Spreadsheet and Statement of Work Template must be submitted in a secure (i.e., password protected), pdf-compatible format. The Cost Proposal Spreadsheet must be submitted in a Microsoft Excel compatible format (inclusive of formulas) and the Statement of Work Template must be submitted in Microsoft Word format. All attachments to any required proposal documents must be submitted in a secure, pdf-compatible format.

The secure .pdf-compatible format is intended to prevent unauthorized editing of the proposal prior to any award. A password should not be required for opening the proposal document.

Should an Offeror amend its proposal, the amended proposal should be submitted following the same guidance applicable to the original proposal.

Any proposed options that are identified in the Technical Proposal, but are not fully priced out in the Cost Proposal Spreadsheet (BAA Appendix #3), will not be included in any resulting contract. If proposing options, they must be separately priced and separate spreadsheets/tabs should be provided for the base period and each option. In addition to providing a summary by period of performance (base and any options), the Contractor is also responsible for providing a breakdown of cost for each task identified in the Statement of Work. The sum of all costs by task worksheets MUST equal the total cost summary.

The Cost Proposal workbook/spreadsheet should be in a “useable condition” to aid the Government with its evaluation. The term “useable condition” indicates that the spreadsheet should visibly include and separately identify within each appropriate cell any and all inputs, formulas, calculations, etc. The Offeror should not provide “value only spreadsheets” similar to a hard copy.

7. Other Submission Requirements

a. Only electronic submissions will be accepted and reviewed. Electronic submissions of full proposals should be sent to the following email accounts:

alexandra.hiser@ssp.navy.mil and david.shriner@ssp.navy.mil.

8. Contractor Review Information

a. Contractor Qualifications: Contracts will be awarded to responsible prospective contractors only.

See FAR 9.104-1 for a listing of the general standards against which an offeror will be assessed to determine responsibility. Contractors are requested to provide information with proposal submission to assist the Contracting Officer’s evaluation of responsibility.

i. FAPIIS (Federal Awardee Performance and Integrity Information System) will be checked prior to making an award. The web address is: https://www.fapiis.gov/fapiis/#/home

ii. The information in FAPIIS will be used in making a judgment about the entity’s integrity, business ethics, and record of performance under Federal awards that may affect the official’s mailto:alexandra.hiser@ssp.navy.mil mailto:david.shriner@ssp.navy.mil https://www.fapiis.gov/fapiis/%23/home determination that the offeror is qualified to receive an award.

9. Federal Award Administration Information

a. Government Property/Government Furnished Equipment (GFE) and Facilities:

Government research facilities and operational military units are available and should be considered as potential government-furnished equipment/facilities. These facilities and resources are of high value and some are in constant demand by multiple programs. It is unlikely that all facilities would be used for any one specific program. The use of these facilities and resources will be negotiated as the program unfolds. Offerors should indicate in the proposal which of these facilities are critical for the project’s success.

b. Use of Arms, Ammunition and Explosives:

i. Safety: The Offeror is required to be in compliance with DoD manual 4145.26-M, DoD

Contractor’s Safety Manual for Ammunition and Explosives if ammunitions and/or explosives are to be used under the proposed research effort. (See DFARS 223.370-5 and DFARS 252.223- 7002) If ammunitions or explosives (A&E) are to be used under the proposed research effort, the Government requires a pre-award safety survey in accordance with DFARS PGI 223.370- 4(C)(iv) entitled Pre-award Survey and the Contracting Officer shall prepare a Standard Form (SF) 1403 Pre-Award Survey of Prospective Contractor (General) in order to initiate the survey.

If the Offeror proposes that the Government provide Government-furnished A&E containing any nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin) or other similar A&E with a tendency to become chemically unstable over time, then NMCARS 5252.223-9000 will also apply to a resulting contract award. (See NMCARS 5223.370-5)

ii. Security: If arms, ammunition or explosives (AA&E) are to be used under the proposed research effort, the Government requires a pre-award security survey. The Contracting Officer shall prepare a Standard Form (SF) 1403 Pre-Award Survey of Prospective Contractor (General) in order to initiate the survey. (See DoD manual 5100.76-M dated April 17 2012, Physical Security of Sensitive Conventional Arms, Ammunition and Explosives, Enclosure 2, paragraph 2.a.)

If AA&E are to be used under the proposed research effort, the Government may require the Contractor to have perimeter fencing around the place of performance in accordance with DoD 5100.76-M dated April 17 2012, Enclosure 5, paragraph 2.a.

If AA&E are to be used under the proposed research effort, the Offeror is required to provide a written copy of the Offeror’s AA&E accountability procedures in accordance with DoD 5100.76-M. If the Offeror is required to provide written AA&E accountability procedures, the Offeror should provide the respective procedures with its proposal submission. See DoD 5100.76-M dated April 17 2012, Enclosure 9, paragraph 9.

c. System for Award Management (SAM): FAR 52.204-7 System for Award Management and FAR

52.204-13 System for Award Management Maintenance are incorporated into this BAA, and FAR 52.204-13 will be incorporated in all awards.

d. Employment Eligibility Verification (E-verify): As per FAR 22.1802, recipients of FAR-based procurement contracts must enroll as Federal Contractors in E-verify and use E-verify to verify employment eligibility of all employees assigned to the award. All resultant contracts from this solicitation will include FAR 52.222-54, “Employment Eligibility Verification.”

e. Conflicts of Interest:

i. Disclosure. An offeror shall state in its proposal whether it is aware of any information bearing on the existence of any actual or potential organizational conflict of interest (OCI) as defined in FAR 2.101 and as further discussed in FAR Subpart 9.5 as to itself and any proposed subcontractors, partners, consultants or other affiliates. Offerors performing systems engineering and technical assistance (SETA) for SSP or SSTP are considered to have an OCI that may not be susceptible to mitigation.

The nondisclosure or misrepresentation of an interest creating an OCI may result in the disqualification of an offeror for award, or if such nondisclosure or misrepresentation is discovered after award, the Government may terminate the contract for default, recommend that the contractor be disqualified from subsequent related contracts, or be subject to such other remedial actions as may be permitted or provided by law (see 18 U.S.C. § 1001 and 31 U.S.C. § 3802(a)(2)). Therefore, offerors should interpret the requirements of this section broadly.

An offeror who does not provide support services to SSTP or concludes no actual or potential OCI exists shall include the following statement in its proposal: “I [NAME] as an authorized negotiator on behalf of [NAME OF OFFEROR] certify that NO actual or potential organizational conflict of interest (OCI) exists under [BAA NUMBER]. I understand that the failure to disclose the existence of actual or potential OCI shall result in the offeror not being considered for award.”

An offeror who does provide support services to SSTP or is aware circumstances exist that may result in the appearance that it may have an unfair competitive advantage shall submit the following with its proposal:

ii. The name of the entity the offeror, its subcontractors, partners, consultants or affiliates supports.

iii. The number of the contract, subcontract, or agreement that creates the actual or potential OCI. If

SSP did not award the contract or agreement, provide a copy of the document. If SSP awarded the contract, provide the name of the technical point of contact.

iv. A description of the actual or potential OCI. The statement must describe in a concise manner all relevant facts concerning any past, present or currently planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the offeror has a possible organizational conflict of interest with respect to

(1) impartial, technically sound, and unbiased assessments, recommendations, or evaluations, or

(2) being given an unfair competitive advantage. If relevant, offerors shall address the personal conflicts of their employees.

v. A Mitigation Plan. Offerors should refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

vi. A concluding statement as follows: “I [NAME] as an authorized negotiator on behalf of [NAME

OF OFFEROR] certify that I have, to the best of my knowledge and belief, disclosed all actual or potential organizational conflicts of interest (OCI) under [BAA NUMBER]. I understand that the failure to disclose the existence of an actual or potential OCI shall result in the offeror not being considered for award.”

f. OCI Mitigation Plan Contents. At a minimum, a Mitigation Plan shall:

i. Provide organizational charts showing the offeror’s (and, as appropriate, those of its subcontractors, partners, consultants, and affiliates) structure as it relates to performance under the contract awarded under this BAA and all contracts and agreements relevant to the OCI, highlighting those elements that create the actual or apparent OCI.

ii. Demonstrate how the elements that create the actual or apparent OCI will be isolated from the resources that will perform work under the contract awarded under this BAA.

iii. Provide information showing whether the organizational elements that will perform work under the contract awarded under this BAA will be geographically or physically separated from the elements that create the actual or apparent OCI.

iv. For each contract or agreement relevant to the OCI, describe the process for reassigning personnel, including those belonging to subcontractors, partners, consultants, and affiliates, from one organization to another. Include restrictions that apply.

v. For each contract or agreement relevant to the OCI, describe any controls, including nondisclosure agreements that are exercised over the future employment of departing employees as it relates to the OCI.

vi. For each contract or agreement relevant to the OCI, describe any OCI training the employees are offered or required to attend, along with the timing (before or after starting work on a government contract), frequency, length, and content of such training.

vii. Provide evidence of facts and circumstances that the offeror asserts mitigate or address the concerns related to the actual or potential OCI.

g. Review. The Contracting Officer will review an offeror’s certifications, statements, and OCI Mitigation Plan (if applicable) submitted and may require additional relevant information from an offeror. All such information and any other relevant information will be used by the Contracting Officer to determine whether an award to the offeror may create an OCI. If found to exist, the Government may: (1) impose appropriate conditions which avoid such conflict, (2) disqualify the offeror, (3) determine that it is otherwise in the best interest of the Government to award a contract to the offeror and include appropriate conditions mitigating such conflict in the award, or (4) seek a waiver. If the Contracting Officer determines that an actual or significant potential conflict of interest exists that cannot reasonably be avoided, neutralized or mitigated, the offeror will be ineligible for award. If accepted, the Mitigation Plan shall become part of the contract.

An offeror who has refused to disclose the information or make the certification required by this BAA concerning an actual or potential OCI shall be disqualified from consideration for award.

h. FAR / DFARS Provisions/Clauses: For purposes of illustration, the following provisions and clauses may be applicable to SSP contracts. SSP reserves the right to include any relevant and current FAR, DFARS or NMCARS clauses necessary and required in the final award based on the dollar value of the award. All FAR and DFAR references may be accessed from https://acquisition.gov/.

Number Provision/Clause

52.204-7 System for Award Management

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26 Covered Telecommunications Equipment or Services-Representation

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.215-16 Facilities Capital Cost of Money

52.215-20 Requirements for certified cost and pricing data and data other than certified cost and pricing data

52.215-22 Limitations on Pass Through Charges - Identification of Subcontract Effort

52.216-1 Type of Contract

52.216-27 Single or Multiple Awards

52.217-4 Evaluation of Options Exercised at time of Contract Award

52.217-5 Evaluation of Options

52.217-9 Option to Extend the term of the Contract

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation (Applies if exceeds $10M)

52.222-50 Combating Trafficking in Persons

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

52.226-2 Historically Black College or University and Minority Institution Representation

52.230-7 Proposal Disclosure - Cost Accounting Practice Changes

52.232-15 Progress Payments not included

52.233-2 Service of Protest

52.252-1 Solicitation Provisions Incorporated by Reference

i. Certificate of Current Cost or Pricing Data Requirement

Even though the BAA is a competitive procedure, all proposals submitted under this BAA that meet the TINA threshold are subject to certified cost and pricing data.

In accordance with OUSD Memorandum, Subject: "Reducing Acquisition Lead Time by Eliminating Inefficiencies Associated with Cost or Pricing Data Submissions After Price Agreement ('Sweep Data)," dated 07 June 2018, if an action is subject to the Truth in Negotiations Act, offerors are required to execute the Certificate of Current Cost or Pricing Data as soon as practicable, but no later than five business days after the date of price agreement.

Any cost or pricing data submitted after price agreement shall be reviewed and dispositioned after award of the contract action, pursuant to FAR 15.407-1, to establish whether it is rendered that the certified cost or pricing data submitted up to the point of price agreement was defective, and to determine whether the Government is entitled to a price adjustment in accordance with FAR 52.215-10 or FAR 52.215-11.

j. Enhanced Security Controls on Select Defense Industrial Base Partner Networks

52.252-3 Alterations in Solicitation

52.252-5 Authorized Deviations in Provisions

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7004 Alternate A, System for Award Management

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.215-7003 Requirements for Submission of Data Other than Certified Cost or Pricing Data - Canadian Commercial Corporation

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

252.204-7020 NIST SP 800-171 DoD Assessment Requirements

252.219-7000 Advancing Small Business Growth

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

(MAY 2022)

252.225-7057 Pre-award Disclosure of Employment of Individuals Who Work in the People’s Republic of China

252.225-7058 Post-award Disclosure of Employment of Individuals Who Work in the People’s Republic of China

In accordance with NMCARs 5204.7303 entitled, “Safeguarding Covered Defense Information and Cyber Incident Reporting” certain performers may be required to implement enhanced cyber security controls to unclassified networks housing controlled unclassified information (CUI). Such controls are in addition to the requirements of DFARS clause 252.204-7012, and may be required if the Chief of Naval Research (CNR) determines that enhanced controls are warranted by the risk to a critical program or technology. Offerors are strongly encouraged to consult with the cognizant Program Officer to determine whether these requirements will apply to a particular effort.