Amendment 0001 to N00173-21-R-ZL01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is for the follow ing:

1. Provide answ ers to questions received regarding the solicitation.

2. Update Paragraph H-10 (b) on page 36 of this solicitaiton, and delete Paragraph H-13 in its entirety.

3. Add FAR clause 52.222-41 to Section I.

4. Update follow ing paragraphs at Section L:

--Page 91, paragraph L-6(d) --Page 91, paragraph L-6(e), subpart entitled “Cost and Pricing Information” --Page 93, paragraph L-8(b)(ii)

1. CONTRACT ID CODE PAGE OF PAGES

S 1 20

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

16C. DATE SIGNED

BY 19-Feb-2021

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0017321RZL01

X 9B. DATED (SEE ITEM 11)

11-Feb-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

19-Feb-2021

CODE

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375

N00173 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0017321RZL01

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

Questions and Answers

The following responses are provided to questions received on 16 February 2021 regarding the solicitation.

Q1: You included two Wage Determinations which don’t seem appropriate if you’re not including 52.222-41 Service Contract Labor Standards (Aug 2018) and 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). Were those clauses omitted in error or should the Wage Determinations be removed?

Response: FAR 52.222-41 was omitted in error and is added to the Solicitation at section I. FAR 52.222- 43 is not a required clause.

Q2: In our experience, when RFPs require compensation plans, there is usually quite a bit of verbiage in the RFP document about what the Government wants from offerors in the form of a response. This RFP, however, simply includes 52.222-46 Evaluation of Compensation for Professional Employees FEB 1993 by reference in Section L. Does the Government really want a compensation plan as part of the offeror’s proposal response? There is no mention of it in the proposal instructions as far as which volume it belongs in, page limits, etc.

Response: Please follow the instructions in the provision and submit the required information under Volume II, SOLICITATION, OFFER AND AWARD DOCUMENT, OCI, Disclosure Statement, and General Documentation. There is no page limit for the information required by the provision.

Q3: On Page 91 of the RFP, mention is made of the Offeror completing its Section B pricing. However, the cost volume instructions only mention pricing the sample tasks. Does the whole 301,600 hours need to be priced in order to come up with a cost and fee for CLIN 0001 in Section B?

Response: There is no need to complete the pricing information at Section B for the base IDIQ award. The following paragraphs are update to reflect the change:

• Page 91, Paragraph L-6(d)

• Page 91, Paragraph L-6(e), subpart entitled “Cost and Pricing Information”

• Page 93, paragraph L-8(b)(ii)

Q4: What are the government’s instructions for pricing Section B’s CLIN 0002 Materials and CLIN 0003 Travel? What are the Government’s instructions for pricing Section B’s Deliverable CLINs A001 through A008? Certain deliverables, e.g. the Monthly Funds Status Report, would be prepared by personnel that are not part of the labor matrix. Can an offeror price non-technical hours to perform such functions?

Response: No pricing information is required for CLIN 0002 and CLIN 0003 the base IDIQ award.

Pricing for Materials and Travel cost will be established at individual task order award. CDRL deliverables are non-separately priced, and no pricing information is required to be completed for Section B, CLINs A001 through A008. Yes, offeror should price the non-technical hours and include it as cost at the individual task order award.

Q5: Can the government clarify the travel parameters detailed in Section H-10? We anticipate almost no travel originating from “the contractor’s facility” since most of the personnel will be assigned to a Government site.

Response: Solicitation H-10 (b) is updated to the following:

“(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility. If Contractor personnel is designated to provide onsite support at the Government’s facility, reimbursable travel costs can include travel from the designated Government facility to other required worksite necessary to support the task order.”

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-1 TYPE OF CONTRACT

(a) Single Award Indefinite Delivery Indefinite Quantity (IDIQ) contract.

(b) Task orders under this IDIQ contract will be Cost Plus Fixed Fee (CPFF) Term or Completion Type.

H-2 BID AND PROPOSAL COST

(a) Bid and proposal costs are not allowable and will not be paid under this solicitation, contract, or any associated task orders under this contract.

H-3 KEY PERSONNEL

(a) The Contractor agrees to assign to the contract tasks those persons whose resumes were submitted with its proposal and who are necessary to fulfill the requirements of the contract as "key personnel". No substitutions may be made except in accordance with this clause.

(b) The Contractor understands that during the first ninety (90) days of the contract performance period, no personnel substitutions will be permitted unless these substitutions are unavoidable because of the incumbent's sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information described in paragraph (c) below. After the initial ninety (90) day period the Contractor must submit to the Contracting Officer all proposed substitutions, in writing, at least thirty

(30) days in advance (sixty (60) days if security clearance must be obtained) of any proposed substitution and provide the information required by paragraph (c) below.

(c) Any request for substitution must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting Officer.

Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

(d) In the event that any of the identified key personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the Termination clause of the contract.

The following are identified as key personnel:

Labor Category Program Lead/Manager Senior Program Engineer/Scientist

Note: Each indivdiual task order may indentify additional labor category as key personnel.

H-4 REPORT PREPARATION

(a) Scientific or technical reports prepared by the Contractor and deliverable under the terms of this contract will be prepared in accordance with format requirements contained in ANSI/NISO Z39.18-2005, Scientific and Technical Reports: Elements, Organization, and Design.

[NOTE: All NISO American National Standards are available as free, downloadable pdf(s) at http://www.niso.org/standards/index.html. NISO standards can also be purchased in hardcopy form from NISO Press Fulfillment, P. O. Box 451, Annapolis Junction, MD 20701-0451 USA. Telephone U.S. and Canada: (877) 736-6476; Outside the U.S. and Canada: 301-362-6904 fax: 301-206-9789.

H-5 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Definitions.

(1) The term “contractor” includes the Contractor and its employees, affiliates, marketing consultants (if any), consultants, and subcontractors at all tiers.

(2)“Organizational Conflict of Interest” (“OCI”) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. FAR 2.101. An OCI may result when (1) activities or relationships create an actual or potential conflict of interest related to the performance of the Statement of Work (SOW) of this Contract; or, (2) when the nature of the SOW on this Contract creates an actual or potential conflict of interest with respect to the Contractor in relation to a future acquisition.

(3)“Marketing consultant,” means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering— (1) Services excluded in FAR Subpart 37.2; (2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (3) Routine legal, actuarial, auditing, and accounting services; and (4) Training services.

(b) In accordance with the guidance in FAR Subpart 9.5, the Contracting Officer has determined that potentially significant organizational conflicts of interest (OCIs) could result if the Contractor is allowed to participate (at any level) in future Federal Government acquisitions that include requirements that may be established or affected by the performance of the Statement of Work (SOW) by the Contractor under this Contract.

(c) It is understood and agreed that the Contractor may be ineligible (unless expressly exempted as provided in FAR Part 9.5) to act as a prime contractor, subcontractor, or consultant or subcontractor to any prime contractor or subcontractor at any tier, for any future requirements (for services, systems, or components of systems) procured by any Federal Government activity where the Contractor, in performance of the SOW under this Contract, has provided or is providing support (as described in FAR 9.505-1 through 9.505-4) that establishes or affects future requirements or may affect the future competition.

(d) The contracting officer responsible for securing future requirements, in his/her sole discretion, may make a determination to exempt the Contractor from ineligibility as described in subparagraph (c) above provided the Contractor submits an acceptable mitigation plan.

(1) Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; a reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); data security measures; and, non-disclosure agreements.

(2) The Government's determination regarding the adequacy of the mitigation plan or the possibility of mitigation is a unilateral decision made solely at the discretion of the Government and is not subject to the Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan.

(3) Nothing contained herein shall preclude the contracting officer in future Federal Government acquisitions from making his/her own determination as to whether an OCI exists and whether any such OCI has been successfully mitigated.

(e) The Contractor shall apply this clause to any subcontractors or consultants who: have access to proprietary information received or generated in the performance of this Contract; and/or, who participate in the development of data, or participate in any other activity related to this Contract which is subject to the terms of this clause at the prime contractor level.

(f) The Contactor agrees that it and its subcontractors at all levels shall use reasonable diligence in protecting proprietary data/information that is received or generated in performance of this Contract in accordance with this clause and any other clause of this Contract pertaining to the nondisclosure of information. The Contractor further agrees that neither it nor its subcontractors will willfully disclose proprietary data/information that is received or generated in the performance of this Contract without the prior permission of the Contracting Officer, and that proprietary information shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the work required by the Contract.

(g) The Contractor and its Subcontractors at all levels shall inform their employees that they are required to comply with the applicable requirements and restrictions contained in: restrictive markings applicable to data/information that they receive or generate in the performance of this Contract; FAR Subpart 9.5 pertaining to actual or potential OCIs; FAR 3.104 pertaining to requirements and restrictions under the Procurement Integrity Act; and, Defense FAR Supplement (DFARS) 252.204-7000 pertaining to “Disclosure of Information.”

(h) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access to and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the Contracting Officer copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this Contract with the same caution that a reasonably prudent Contractor would use to safeguard its own highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.

(i) The Contractor shall not distribute reports, data or information of any nature received or arising from its performance under this Contract, except as provided by this Contract or as may be directed by the Contracting Officer.

(j) The Contractor agrees that if in the performance of this Contract it discovers a potential OCI, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken, or proposes to take, to avoid or mitigate such conflicts.

H-6 SPECIAL CONTRACT REQUIREMENT REGARDING NON-DISCLOSURE OF INFORMATION

(a) Data includes all data, information and software, regardless of the medium (e.g. electronic or paper) and/or format in which the data exists, and includes data which is derived from, based on, incorporates, includes or refers to such data. In the course of performing this Contract, the Contractor may be or may have been given access to:

Source Selection Information [as defined in Federal Acquisition Regulation (FAR) 3.104]; data that has been assigned (or data that is generated by the Contractor that should be assigned) a contractually required or other Government distribution control (such as a Distribution Statement prescribed in DoD Directive 5230.24); and/or data that has been given a restrictive legend by the source of the data such as “business sensitive,” “proprietary,” “confidential,” or word(s) with similar meaning that impose limits on the use and distribution of the data (see for example FAR 52.215-1(e)). All such data with limitations on use and distribution are collectively referred to herein as “protected data.”

(b) This Special Contract Requirement supplements and implements Defense FAR Supplement (DFARS) 252.204- 7000, “DISCLOSURE OF INFORMATION.” As a condition to receiving access to protected data, the Contractor shall: (1) prior to having access to protected data, obtain the agreement of the source of the protected data to permit access by the Contractor to such protected data; (2) use the protected data solely for the purpose of performing duties under this Contract unless otherwise permitted by the source of the protected data; (3) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any employee of the Contractor unless and until such employee has been informed of the restrictions on use and distribution of the protected data and agreed in writing to conform with the applicable restrictions; (4) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any non-Government person or entity (including, but not limited to, affiliates, subcontractors, successors and assignees of the Contractor), unless the Contracting Officer and the source of the protected data have given prior written approval (which shall be conditioned upon the person receiving the protected data having been informed of the restrictions on use and distribution of the protected data and having agreed in writing to conform with the applicable restrictions; (5) establish and execute safeguards to prevent the unauthorized use or distribution of protected data.

(c) Any unauthorized use, disclosure or release of protected data may result in substantial criminal, civil and/or administrative penalties to the Contractor or to the individual who violates a restriction on use or distribution of protected data. Any agreement with another company regarding access to that company’s protected data shall not create any limitation on the Government or its employees with regard to such data. A copy of each executed company and individual non-disclosure agreement relating to this Contract shall be provided to the Contracting Officer’s Representative (COR).

(d) Appropriate restrictive legends will be included by the Contractor on any copies and reproductions made of all or any part of the protected data and any data that is derived from, based upon, incorporates, includes or refers to the protected data. When the Contractor’s need for such protected data ends, the protected data shall be returned promptly to the source of the protected data with notice to the COR. However, the obligation not to use, disclose, release, reproduce or otherwise provide or make available such protected data, or any portion thereof, shall continue, even after completion of the Contract, for so long as required by the terms of any agreement pertaining to the protected data between the Contractor and the source of the protected data, or (in the case of Government information) for so long as required by applicable law and regulation. Any actual or suspected unauthorized use, disclosure, release, or reproduction of protected data or violation of this agreement, of which the company or any employee is or may become aware, shall be reported promptly (within one business day after discovery and confirmation) to the Contracting Officer’s Representative (COR).

H-7 LEVEL OF EFFORT (Applicable to CPFF –Term Type Task Order)

(a) In the performance of each term form DO/TO under this contract, the Contractor agrees to provide the level of effort specified in the DO/TO and in accordance with this provision. The direct labor hours includes the Prime Contractor and all subcontractor(s) specifically identified in the Contractor’s proposal.

Level of Effort Hours Table LCAT Hours

[To be provided at each Task Order Award] [To be provided at each Task Order Award]

(b) The estimated monthly level of effort for this task order is as follows:

[To be provided at each Task Order Award]

(c) The Contractor is required to notify the Contracting Officer when any of the following situations occur, or are anticipated to occur: If during any three consecutive months the monthly average is exceeded by 25% or, if at any time it is forecast that during the last three months of the task order less than 50% of the monthly average will be used during any given month; or, when 85% of the total level of effort has been expended.

(d) If, during the term of the task order, the Contractor finds it necessary to accelerate the expenditure of direct labor to such an extent that the total hours of effort specified would be used prior to the expiration of the term, the Contractor shall notify the Contracting Officer in writing, setting forth the acceleration required, the probable benefits which would result, and an offer to undertake the acceleration at no increase in the estimated cost or fixed fee together with an offer setting forth a proposed level of effort, cost breakdown, and proposed fixed fee for continuation of the work until expiration of the term hereof. The offer shall provide that the work proposed will be subject to the terms and conditions of this contract and any additions or changes required by then current law, regulations, or directives, and that the offer, with a written notice of acceptance by the Contracting Officer, shall constitute a binding contract. The Contractor shall not accelerate any effort until receipt of such written approval by the Contracting Officer. Any agreement to accelerate will be formalized by contract modification.

(e) The Contracting Officer may, by written order, direct the Contractor to accelerate the expenditure of direct labor such that the total hours of effort specified in paragraph (a) above would be used prior to the expiration of the term.

This order shall specify the acceleration required and the resulting revised term. The Contractor shall acknowledge this order within five days of receipt.

(f) If the total level of effort specified in paragraph (a) above is not provided by the Contractor during the term of this contract, the Contracting Officer shall either

(1) reduce the fixed fee of this contract as follows:

Fee Reduction = Fixed Fee X (Required LOE Hours - Expended LOE Hours) Required LOE Hours

Or;

(2) subject to the provisions of the clause of this contract entitled "Limitation of Cost," require the Contractor to continue to perform the work until the total number of hours of direct labor specified in paragraph (a) shall have been expended, at no increase in the fixed fee of this contract.

(g) In the event the government fails to fully fund the contract in a timely manner, the term of the contract may be extended accordingly with no change to cost or fee. If the government fails to fully fund the contract, the fee will be adjusted in direct proportion to that effort which was performed.

(h) Notwithstanding any of the provisions in the above paragraphs, the Contractor may furnish hours in excess of the total hours specified in paragraph (a) above, provided that the additional effort is furnished within the term hereof, and provided further that no increase in the estimated cost or fixed fee is required, and no adjustment in the fixed fee shall be made provided that the Contractor has delivered at least 95% of the level of effort required in paragraph (a) above.

(i) It is understood that the mix of labor categories provided by the Contractor under the contract, as well as the distribution of effort among those categories, may vary considerably from the initial mix and distribution of effort which was estimated by the government or proposed by the Contractor.

(j) Nothing herein shall be construed to alter or waive any of the rights or obligations of either party pursuant to the Clause entitled "Limitation of Costs" or "Limitation of Funds," either of which clauses as incorporated herein applies to this contract.

H–8 CLAUSE MODIFICATIONS

(a) Due to potential unforeseen circumstances attributable to requirements solicited under this IDIQ contract, the Government reserves the right to add, delete or modify clauses on individual task order to facilitate specific conditions applicable to the task order. These changes will be applicable to only the individual task order and will be identified within the solicitation issued for that individual task order.

H–9 INCORPORATION OF SECTION K

(a) Section K of the solicitation is hereby incorporated by reference.

H-10 REIMBURSMENT OF TRAVEL COSTS

(a) The Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA office.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility. If Contractor personnel is designated to provide onsite support at the Government’s facility, reimbursable travel costs can include travel from the designated Government facility to other required worksite necessary to support the task order.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided for in FAR 31.204- 35; however, contracting officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(1) Travel at U.S. military installations where Government transportation is available;

(2) Travel performed for personal convenience/errands, including commuting to and from work; and

(3) Travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

H-11 FIXED FEE PROPOSAL FOR TASK ORDERS

(a) No fixed fee shall be proposed for materials, travel, or Other Direct Cost elements for any task orders issued under this IDIQ contract.

H–12 INSURANCE CLAUSE IMPLEMENTATION

(a) The Contractor shall obtain and maintain the minimum kinds and amounts of insurance during performance of this contract as specified by FAR 28.307-2, Liability, and contemplated by 52.228-7, Insurance – Liability to Third Persons.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.222-41 Service Contract Labor Standards AUG 2018

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

L-1 INQUIRIES CONCERNING THE REQUEST FOR PROPOSAL AND COMMUNICATION

(a) Any questions concerning the Request for Proposal (RFP) must be submitted via email to the Contracting Officer and the Contract Specialist. No phone calls will be accepted. All emails shall be clearly labeled in the subject line of the email with the RFP Number. All questions must be received within fifteen (15) calendar days of the solicitation issuance date. Any questions received after the specified date will not be answered. The Contracting Officer and Contract Specialist for this acquisition are as follows:

Contracting Officer: Brenda Green Email: brenda.green@nrl.navy.mil

Contract Specialist: Zun Lin Email: zun.lin@nrl.navy.mil

(b) Responses to submitted questions will be provided to all Offerors via an Amendment to this solicitation through Governmentwide point of entry (GFE) at beta.sam.gov. If Amendments to the solicitation are issued, all Offerors must acknowledge the Amendments by signing the accompanying Standard Form (SF) 30 and returning the signed SF 30 for all Amendments issued with the Offeror’s proposal submission. Failure to acknowledge all Amendments issued by the Government may result in the proposal submitted to be found non-responsive by the Government.

(c) Offerors are cautioned against directing any questions concerning this RFP to technical personnel at the Naval Research Laboratory. All questions regarding this RFP shall be directed to the designated Contracting Officer and Contract Specialist only.

L-2 SECURITY REQUIREMENTS

(a) Access to classified information is not required to submit a proposal for this RFP. However, prospective Offerors shall have the required facility clearance in accordance with attached DD254 (Section J, Attachment 01), at the time of proposal and personnel available with final DoD granted personnel security clearances required for performance of the contract/task orders.

L-3 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Pursuant to FAR Subpart 9.5 and the definitions provided therein:

(1) Definitions: Organizational Conflict of Interest: FAR 2.1 defines “Organizational Conflict of Interest” as a situation in which “…because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.” For the purposes of this contract, the term “organizational conflict of interest” means that a relationship exists between the contractor (including the successor-in-interest, assignee or affiliated divisions, subsidiaries, employees, consultants, or subcontractors, hereinafter referred to as “contractor”) and another in which the underlying interests of the contractor and the other party directly or indirectly (1) may influence, affect or diminish the contractor’s ability to give impartial, technically sound, objective assistance, conclusions, advice or recommendations, or may otherwise result in a biased work product to or for the Government, or (2) may result in an unfair competitive advantage.

(b) Purpose: The primary purpose of this clause is to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) which relate to the work under this contract.

(c) Description of the Effort:

(1) This contract is for research and development activities in support of various NRL programs. In the performance of this contract, the contractor may be required to make certain findings, conclusions, and recommendations to the Government. The contractor may also be required to have access to other contractor’s proprietary data in order to make those findings, conclusions and recommendations to the Government. Because the Government requires total objectivity and impartiality in performance of this contract, the contractor must be free from any biased influences and interests that will impact, directly or indirectly, on the contractor’s decision-making process.

(d)Nature of Conflict:

(1) Areas of potential conflicts could include, but are not limited to, the following areas as defined in FAR 9.505:

● Providing systems engineering and technical direction,

● Preparing specifications or work statements,

● Providing evaluation services, and

● Obtaining access to proprietary information.

(e) Disclosure Statement

(1) If the Offeror is aware of circumstances that may hinder its ability to render impartial, technically sound, and unbiased assessments, recommendations and/or evaluations; or that circumstances exist that may result in the appearance that it may have any unfair competitive advantage, the Offeror shall provide a full disclosure statement.

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 and/or evaluations, or (2) being given an unfair competitive advantage. Prospective Offerors should refer to FAR 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest. If the Offeror is not aware of any circumstances of this nature, then the Offeror shall provide a statement stating such.

(2) The government will review the statement submitted and may require additional relevant information from the Offeror. All such information and any other relevant information will be used by the government to determine whether an award to the Offeror may create an organizational conflict of interest. If found to exist, the Government may (1) impose appropriate conditions which avoid such conflict, (2) disqualify the Offeror, or (3) determine that it is otherwise in the best interest of the Government to contract with the Offeror by including appropriate conditions mitigating such conflict in the contract awarded.

(3) The refusal to provide the disclosure of any additional information as required shall result in disqualification of the Offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the 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. The attention of the Offeror in complying with this provision is directed to 18 U.S.C. 1001 and 31 U.S.C. 3802(a)(2).

(4) Depending on the nature of the contract activities, the Offeror may, because of possible organizational conflicts of interest, propose to exclude specific kinds of work from the statement, unless the solicitation specifically prohibits such exclusion. Any such proposed exclusion by an Offeror shall be considered by the Government in the evaluation of proposals, and if the Government considers the proposed excluded work to be an essential or integral part of the required work, the proposal may be rejected as unacceptable.

(5) No award shall be made until the disclosure has been evaluated by the Government. Failure to provide the disclosure will be deemed to be a minor informality and the Offeror or contractor shall be required to promptly correct the omission.

(6) If the contracting officer determines that a potential conflict exists, the prospective Offeror shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means, i.e., government approved corporate mitigation plan. The terms of this clause are subject to negotiation.

(7) The Offeror shall make affirmative statement if OCI exist or does not exist.

L-4 JOINT VENTURES AND SUBCONTRACTING LIMITATIONS

(a) This solicitation is 100% set-aside for small business concerns. Prime contractor roles may be established as a single prime contractor, a formal joint venture (JV), or an informal JV. For purposes of this solicitation, the following definitions apply:

(1) Joint Venture—an entity formed to engage in and carry out a specific business venture for joint profit.

(2) Formal Joint Venture—a joint venture that has been formed as a separate legal entity, based upon a written legal agreement between all partners and will perform the contractual effort with its own separate employees (i.e., is populated) or with each of the individual entities’ own separate employees (i.e., is unpopulated).

(3) Informal Joint Venture—a joint venture that merely exists through a written agreement between two or more individual business entities, and will perform the contractual effort with each of the individual entities’ own separate employees (i.e., is unpopulated).

(b) In order to qualify as a formal or informal small business JV for this acquisition, all JV partners must be classified as small pursuant to the assigned NAICS code specified elsewhere in this solicitation. All informal joint ventures must be limited to a small, manageable number of partners.

(c) All prime contractor awardees under this solicitation must comply with FAR 52.219-14, Limitations on Subcontracting, and 13 CFR 125.6, which require that at least 50 percent of the cost of contract performance incurred for personnel be expended for employees of the small business prime Offeror. The small business prime contractor must meet the 50% requirement (1) individually, or (2) together with other small business members of a formal JV, or (3) together with a small number of small business subcontractors forming an informal JV, in which those subcontractors meet the definition of ‘ostensible subcontractor’ as set forth in 13 CFR 121.103(h)(4). Rules on affiliation and JVs are at FAR 19.101, 13 CFR 121.103, 13 CFR 124.513 and 13 CFR 125.6. Team members in formal and informal JVs are exempt from affiliation rules under the conditions set forth in 13 CFR 121.103(h)(3).

d. If the prime contractor is a single (non-JV) entity, the 50% requirement can be satisfied only with personnel of the single prime contractor. If the prime contractor is a formal populated small business JV, the 50% requirement can be satisfied only with personnel populating the formal JV entity. If the prime contractor is an unpopulated formal or informal small business JV, the 50% requirement can be satisfied only with personnel of the individual JV partners.

Furthermore, small business or team members to a single prime contractor or to a formal or informal JV cannot assist in meeting the 50% performance of work requirement. The remaining 50% may be subcontracted to other firms regardless of business size.

L-5 INSTRUCTIONS FOR SUBMISSION OF PROPOSALS/OFFERS

(a) Per provision FAR 52.215-1, the Government reserves the right to make multiple awards, and the government intends to award without discussions. The Government reserves the right to conduct discussions deemed necessary and to limit the number of proposals in the competitive range.

(b) All proposals shall be submitted in accordance with FAR 52.215-1, Instructions to Offerors—Competitive Acquisition. Proposals shall be submitted electronically by email to the Contracting Officer and the Contract Specialist listed below by the time and date specified at Block 9 of the SF33.

Contracting Officer: Brenda Green Email: brenda.green@nrl.navy.mil

Contract Specialist: Zun Lin Email: zun.lin@nrl.navy.mil

(c) All emails shall be clearly labeled in the subject line of the email with the RFP Number.

(d) The Offeror shall ensure that each proposal volume is sent as a separate attachment. Offerors are responsible for submitting a proposal, and any modification, or revisions, so as to reach the designated Contracting Officer and Specialist in this RFP by the time and dated specified in the RFP. Any proposal, modification, or revision received after the exact time and date specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition, and –

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

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

(3) It is the only proposal received.

All Offerors shall allow sufficient time for delivery of their proposals to the Contracting Office prior to the closing date and time announced in the solicitation.

(d) Facsimile proposals are not authorized.

(e) Comprehensive responses to the requirements of this Request for Proposals (RFP) are required to enable the Government to evaluate the Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Proposals shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the proposal. Offerors are advised that material submitted in excess of that required herein will not be evaluated. The proposal shall be valid for no less than 180 days from the date of RFP closing.

(f) Alternate proposals that depart from stated requirements will not be considered and shall not be submitted.

L-6 PROPOSAL FORMAT

(a) The Offeror’s proposal must include all data and information requested by this Request for Proposal (RFP) and it must be submitted in accordance with these instructions. The proposal shall be compliant with the requirements as stated in the RFP, SOW and Contract Data Requirements List (CDRL). Non-conformance with the instructions provided in this RFP is a cause for rejection of the proposal and may result in an unfavorable proposal evaluation.

(b) This 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 Government's requirements but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror's proposal.

(1) The proposal will consist of four volumes as specified in the proposal organization table below.

Proposal Organization Table Proposal Volume Volume Contents

Page Limit Format File Naming Structure

I Executive Summary 10 pages MS Word or Adobe

PDF

VOL I [Offeror Name].pdf or doc.

II SOLICITATION, OFFER AND

AWARD DOCUMENT, OCI

Disclosure Statement, and General Documentation

Adobe PDF VOL II [Offeror Name].pdf

III Technical 85 pages, inclusive of Task Orders (single spaced)

MS Word or Adobe

PDF

VOL III [Offeror Name].pdf or doc.

IV Past Performance 20 pages per task area

MS Word or Adobe

PDF

VOL IV [Offeror Name].pdf or doc

V Cost/Price Unlimited Section I – Cost Spreadsheet MS Excel VOL V [Offeror Name]

Cost_Unsantized.xls Cost Methodology MS Word or Adobe

PDF

VOL V [Offeror Name].Methodology_Unsantiz ed.pdf or doc.

Sanitized Cost Proposal -Cost Spreadsheet_Sanitized -Cost Methodology_Sanitized

MS Excel for Cost Spreadsheet and MS Word or Adobe PDF for Cost Methodology

VOL V [Offeror Name] Cost_Santized.xls VOL V [Offeror Name].Methodology_Santized .pdf or doc.

(c) Each volume shall be properly identified, numbered, and logically assembled. Each volume shall contain clearly identified sections and all pages shall be appropriately numbered and identified by the complete company name, date, and RFP (number) in the header and/or footer. Page size shall be at no greater than 8 1/2" x 11". The narrative material in the proposal shall be single spaced, with font size no smaller than 12 point characters and 1 inch margins.

Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape format. Line spacing shall be set at no less than single space.

Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins ONLY, and are not bound by the 12-point font requirement. Footnotes to text shall not be used. Those pages that exceed the page counts provided in the above Table for each volume or attachment will not be evaluated.

(d) Cost/price summary shall be submitted using Microsoft Office Excel, fully executable with formulas shown, and rounded to the whole cent at the lowest cost level. Narratives related to cost/price summary data may be provided in MS Word or Adobe PDF.

(e) Offerors shall have all subcontractors submit proposal information in a uniform format consistent with the above instructions.

NOTE: Each page of the Offeror’s proposal shall be labeled with the Offeror’s name and the solicitation number.

However, the Offeror’s executed copy of the solicitation, if reprinted by the Offeror, shall be reprinted on plain paper only. The cover page of each proposal shall contain the document number and title, solicitation number, and address of Offeror. Note: If the Offeror wishes to restrict the disclosure of its proposal, it must mark the proposal in accordance with paragraph (e) of FAR Provision 52.215-1.

Page Numbering: The Offeror shall use a standard page numbering system to facilitate proposal references.

Number consecutive pages within sections. Charts, graphs and other insert materials shall be page-numbered as part of the page numbering system.

Page Limitations: Page limitations are identified for each volume/section of the proposal, as described above and will be treated as maximums. If exceeded, excess pages will not be read or considered in proposal evaluation. When both sides of a sheet display printed material, it shall be counted as two pages. Graphs, charts, and tables are included in the page count. The following are not included in the page limitations:

Title/Cover pages Tables of Contents Glossaries of abbreviations and acronyms Teaming agreements, letters of intent from key personnel or subcontractors/consultants, and subcontract agreements Proposal Cross-Reference Tables Resumes

Cover Page, Table of Contents, and Proposal Cross-Reference Table: Each proposal volume must include a Cover Page and a Table of Contents. The Cover Page shall identify the solicitation number, proposal volume and title, and the Offeror’s name. Volume I shall include a Master Table of Contents and a Proposal Cross-Reference Table. The Proposal Cross-Reference Table shall indicate the required proposal content and the section/page number where this content appears in the proposal. Cover Pages, Tables of Contents, and the Proposal Cross- Reference Table will not count against page limitations.

Glossary of Abbreviations and Acronyms: Each volume shall contain a glossary that includes all abbreviations, acronyms and their corresponding definitions. Glossaries will not count against page limitations.

Cost and Pricing Information: No cost or pricing information of any kind shall be included in any volume except Volume III, Cost/Price Proposal. Offerors must submit all cost/price-related documentation required for Volume III.

Cost/price summary and back-up spreadsheets must be submitted in MS Excel format.

Labeling: All appropriate markings, including those prescribed in accordance with FAR 52.215-1(e), Restriction on disclosure and use of data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

L-7 GENERAL CONTENT REQUIREMENTS

(a) The Offeror's proposal is the sole basis for evaluating the technical merits of what is being offered, the degree to which the Offeror's claims of performance capability and capacity are supported, and the ability of the Offeror to perform in accordance with the requirements. Proposals submitted shall be sufficiently detailed to enable Government personnel to make a thorough evaluation of the proposal, and to arrive at a sound determination as to whether the prospective Offeror will be able to perform in accordance with the requirements of the RFP.

(b) The proposal shall be specific, detailed, and complete as to clearly demonstrate that the Offeror has a thorough comprehension of the all requirements, including all special provisions of the RFP.

(c) General statements that the Offeror understands the problem and can or…