N0017824R7000_Amendment 03_04_23_2024 (1).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 (0003) is to extend the closing date of this Solicitation from 12:00 pm on 16 May 2024 to 12:00 pm on 18 June 2024. Section L 2.6 has been revised to reflect this change.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 12

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

16C. DATE SIGNED

BY 23-Apr-2024

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 N0017824R7000

X 9B. DATED (SEE ITEM 11)

09-Apr-2024

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 X is extended, 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 0 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

23-Apr-2024

CODE

NSWCDD 3

PATRICIA.HARPER@NAVY.MIL

17632 DAHLGREN ROAD STE 157

DAHLGREN VA 22448-5110

N00178 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0017824R7000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 16-May-2024 12:00 PM to 18-Jun-2024 12:00 AM.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

SECTION L

1.0 INTRODUCTION

1.1 The purpose of this Request for Proposal is to receive proposals for award of the SeaPort Next Generation Multiple Award Contracts. The period of performance shall be from date of award through 1 January 2029. Proposals submitted shall be valid for 365 days from the closing date of the RFP.

1.2 Offerors may submit questions, concerns, or request clarification of any aspect of this solicitation via electronic mail to the following address: usn.ncr.sea-00.mbx.nssc-seaport-ra@us.navy.mil. The offeror must include the company name in the subject line of the email. The questions should include the page number and paragraph number or identifier, which pertains to the offeror’s question. Questions received without this information may not be answered. It is requested that all questions be received by 01 May 2024 to allow the Government adequate time to prepare and issue responses via an amendment to the solicitation so that offerors can use the information in preparing their proposals. Although every effort will be made, the Government makes no guarantee that questions received after 01 May 2024 will be answered. Comments and questions must reference SOLICITATION No.

N0017824R7000. Acknowledgement of receipt of questions will not be made.

2.0 INSTRUCTIONS FOR SUBMISSION OF OFFERS

2.1 Offerors must be registered into the SeaPort NxG portal using the instructions provided in Attachment J.1 – SeaPort NxG Registration Instructions. These instructions provide all information offerors will need to complete the process for registration.

2.2 Offerors must register and submit their SeaPort NxG proposals to the government through the portal to be awarded a SeaPort NxG MAC contract. Proposals will not be accepted outside the portal. Proposals shall not be emailed under any circumstances.

2.3 There are two required parts of the SeaPort NxG registration process. The registration process is not complete until the registrant has received BOTH confirmation e-mails indicating successful submission of each required component.

2.4 Offerors are asked to enter company information, including proposed teaming partners, in this registration. This information will then become part of their account setup and be used on any subsequent task order awards.

2.5 After registering in the SeaPort portal, offerors must submit their proposal in the portal to be awarded a SeaPort NxG MAC contract. Proposals shall contain each of the following four attachments uploaded to the portal using the applicable category below:

System for Award Management (SAM) Certification (see Attachment J.2) Pre-Award Accounting System Questionnaire (see Attachment J.3) Contractor Information Spreadsheet (see Attachment J.4) Technical Proposal and Supporting Documentation – See Section 5.0 below for details

2.6 Access to this registration module is only available for a specified timeframe. Registration and proposal submission must be completed no later than 18 June 2024, at 12:00 p.m. Eastern Standard Time. Offers are encouraged to submit proposal prior to the closing date. Proposals will not be accepted outside the portal. Do not email proposals as they will not be accepted.

2.7 This is the ONLY method of proposal submission. It is NOT permissible to email proposals the SeaPort PMO. Hard copies of mailed or hand delivered proposals will NOT be accepted.

2.8 Modifications, amendments, or withdrawal of proposals should also be made in the SeaPort portal.

2.9 Unnecessarily elaborate proposals are not desired, however, submitting a brochure will not be accepted.

2.10 Successful offerors who receive a SeaPort NxG MAC award will receive an email from SeaPort. Only successful SeaPort NxG MAC awardees will be able to view or submit proposals for any task order opportunities AFTER they receive an email of award.

2.11 Awardees shall enter registration information consistent with their SAM registration (i.e., the company name (including DBA name if used), physical address, CAGE and DUNS codes, size status for NAICs 541330 w/the $47M exception for military and aerospace equipment and military weapons, etc. must match their SAM registration).

3.0 GENERAL INFORMATION REQUIRED TO PREPARE OFFERS

3.1 For Bidding/Proposal purposes, the estimated date of contract award is 1 September 2024.

3.2 Offerors shall limit the amount of proprietary data in the proposal as identified in DFAR 252.227-7013.

3.3 The proposal shall be prepared and submitted in form and content in accordance with the instructions herein. Incomplete information or missing attachments may deem the offeror non-responsive and ineligible for award.

3.4 Offerors must respond to the specific requirements of the SeaPort NxG MAC solicitation with no additions or deletions.

3.5 The Government presumes an offeror’s proposal represents its best efforts to respond to the solicitation; therefore, the Government intends to award multiple contracts without discussions, as permitted by FAR 52.215-1.

3.6 Clarity, completeness and conciseness are essential, and the proposal shall be evaluated in the context of being representative of the offeror’s capabilities. Data previously submitted, or presumed to be known, i.e., previous projects performed for the Navy cannot be considered unless such information is provided. Responses must adequately address specific solicitation requirements and be responsive to the terms and conditions of the solicitation. Statements such as “the offeror understands” “the offeror has a long history of outstanding support,” along with responses that paraphrase the solicitation, are considered inadequate. Phrases such as “standard procedures shall be employed” or “well known techniques shall be used,” without a specific Government or industry reference, shall be considered inadequate and unsatisfactory.

3.7 Offerors shall NOT include CLASSIFIED material or Personnel Identifiable Information (PII) in the proposal.

3.8 Offerors must respond to the specific requirements of the solicitation. Offerors shall not alter the solicitation (other than completing the appropriate “fill-in” blocks and certifications). Offerors, who alter the solicitation (except for completing the appropriate “fill-in” blocks and certifications, may be considered non-responsive and may render the offeror ineligible for award.

3.9 The Government reserves the right to change any of the terms and conditions of this solicitation by amendment.

3.10 Offerors may submit only one proposal as a prime Contractor but may be listed as a team member in one or more competing proposals. The Navy will allow a prime to add or subtract team members during the life of the contract only with approval of the SeaPort MAC Contracting Officer. However, the offeror must meet or exceed the proposed small business subcontracting requirements regardless of team changes.

“Prime” Contractor means the Contractor has privity-of-contract with the Government for all contractual obligations under a mutually binding legal relationship with the Government. In other words, when the Government awards a Contract to a Contractor, the Contractor is considered the “Prime” Contractor. When a Prime Contractor awards a contract to a Contractor, the Contractor is considered a “Subcontractor”. Up until that point, any Contractor that the Prime considers a potential Subcontractor is a “Team Member”.

3.11 Only One Prime Contract Per Company is allowed. “Company” includes affiliates and business units as defined in FAR 2.101; this also includes Joint Ventures.

Affiliates are encouraged to determine amongst themselves which entity will hold the MAC as the Prime for bidding purposes. This does not prevent the affiliated company from being able to participate in SeaPort NxG. Any proposal submitted in response to a task order solicitation must be submitted in the portal through the account of the Prime contract holder and, if an affiliate will be performing the work, the proposal should clearly identify the affiliate as the prime.

3.12 ALL Offerors must complete Attachment J.2 - System for Award Management Certifications. SAM.GOV is what the Government will use to populate Section K compliances, certifications and other information. Prior to any subsequent MAC award, the Offerors SAM.GOV must have an ACTIVE status and be in good standing.

3.13 ALL Offerors must complete Attachment J.3 - Pre-Award Accounting System Questionnaire as part of their proposal for award of a SeaPort NxG MAC. Successful awardees are not eligible to receive a cost-type or flexibly priced task order until their accounting system complies with all material aspects established by DCMA.

After SeaPort NxG MACs have been awarded from this solicitation, the Government will initiate requests for accounting system reviews for any Successful Offeror/Awardee that does not currently have an approved system as indicated on their completed Pre-Award Accounting System Questionnaire.

Financial capability reviews are now conducted by DCMA, not DCAA, and documentation for this review will be provided to DCMA upon request.

These reviews will be initiated after SeaPort NxG MAC awards are made; therefore, offerors are not required to submit any audit documentation with their proposal in response to this solicitation.

3.14 All awardees will be eligible to propose on Task Order solicitations at any ordering office at any geographic location.

4.0 PROPOSAL FORMAT

4.1 In order to maximize efficiency and minimize the time for proposal evaluation, it is required that all offerors submit their proposals in accordance with the format and content specified.

4.2 All information contained in the offerors proposal shall adhere to the following:

Developed utilizing Microsoft Office Products only 1 inch margins 10-point (minimum) (Times New Roman font) in the text

4.3 NAMING CONVENTION: Proposals shall be limited to the following attachments identified by the Naming Convention and page limitations below.

System for Award Management (SAM) Certification – Attachment J.2 Pre-Award Accounting System Questionnaire – Attachment J.3 Contractor Information Spreadsheet - Attachment J.4 Technical Proposal and Supporting Documentation – See Section 5.0 below for details

NAMING CONVENTION for uploading to SeaPort Portal

Category Identification Document Name Page Limit*

System for Award Management (SAM)

Certifications (Attachment J.2)

Company_Name_CAGE_ SAM_Certs N/A

Pre-Award Accounting System

Questionnaire (Attachment J.3)

Company_Name_CAGE_Acctg_Sys_Questionnaire N/A

Contractor Information (Attachment J.4)

Company_Name_CAGE_Contractor_Info 1

Technical Proposal & Supporting Documentation of Experience (see Section

5.0 below)

Company_Name_CAGE_ Cover_Letter 1 Company_Name_CAGE_Signed_SF33 1 Company_Name_CAGE_Technical_Proposal 5

Company_Name_CAGE_Experience_ Supporting_Docs N/A Company_Name_CAGE_Subcontracting_Plan (if applicable)

N/A

Company_Name_CAGE_Non-Affiliate Certificate (if applicable)

*The Government will not consider any information presented beyond the last whole word within the PAGE LIMIT.

5.0 TECHNICAL PROPOSAL CONTENT

5.1 The completion and submission to the Government of an offer shall indicate the offeror’s unconditional agreement to the terms and conditions in this solicitation. In evaluating an offeror’s capability, the Government shall consider how well the offeror complied with the instructions in this solicitation.

5.2 COVER LETTER: The proposal shall include a cover letter signed by an individual authorized to commit the company to the proposal. The cover letter shall identify all enclosures being included as part of the proposal. The cover letter shall reference the solicitation number and acknowledge that it transmits an offer in response to the solicitation. The cover letter required by this paragraph supersedes and replaces the “First Page” requirements referred to in FAR 52.215-1, Subsection (c)(2). It shall state:

Commercial and Government Entity (CAGE) Code, Unique Entity Identification (UEI) Number, Taxpayer Identification Number (TIN), Business Size (for NAICS 541330 w/$47M exception for military and aerospace equipment and military weapons) Proposal validity for 365 days after issuance date of the RFP.

Names, telephone numbers and email addresses of persons authorized to bind the offeror’s organization in contractual matters shall be clearly identified.

Any certificates of non-affiliation to another SeaPort NxG Prime MAC holder (if applicable) in order to ensure compliance of L.3.11 - Only One Prime Contract Per Company.

5.3 STANDARD FORM (SF) 33

5.3.1 Offers shall complete blocks 12 through 18 only, sign, and return. DO NOT

CHANGE THE SF33 FORMAT IN ANY WAY EXCEPT TO ADD THE OFFERORS

INFORMATION THAT IS REQUIRED IN BLOCKS 12 THROUGH 18. The SF 33 Cover page is all that must be returned, not the entire solicitation. The SF 33 company information on the cover page must be accurate and match SAM.GOV.

NOTE: Offerors do not complete or submit Section B. All MAC awards will be made at the same maximum value.

5.4 TECHNICAL PROPOSAL

5.4.1 The solicitation contains a single SOW. There are two major categories of support: Engineering Support Services and Program Management Support Services. Each of the two major categories is further broken down into twenty-three (23) functional area subcategories. Offerors are required to submit a description of their recent and relevant experience in one (AND ONLY ONE) of the 23 functional area subcategories listed below, in either engineering support or program management support that was in direct support of Department of the Defense (DOD) that can be shown as applicable to Department of Navy (DON) purposes. For example, an offeror may provide one (1) description of support from subcategory #1 – Engineering, System Engineering, and Safety and Process Engineering Support, NOT one (1) from the Engineering Support Services category and another from the Program Management Support category. An Offeror’s description of recent and relevant experience shall reference one (1) but not more than three (3) contracts/subcontracts (and include contract numbers for verification purposes) in one of the functional area subcategories listed below.

Engineering Support Services consist of the following categories:

1. Engineering, System Engineering, and Safety and Process Engineering Support

2. Software Engineering, Development, Programming, and Network Support

3. In-Service Engineering, Fleet Introduction, Installation and Checkout and Provisioning Support

4. Measurement Facilities, Range, and Instrumentation Support

5. Interoperability, Test and Evaluation, Trials Support

6. Research and Development Support

7. Modeling, Simulation, Stimulation, and Analysis Support

8. Prototyping, Pre-Production, Model-Making, and Fabrication Support

9. System Design Documentation and Technical Data Support

10. Reliability, Maintainability, and Availability (RM&A) Support

11. Inactivation and Disposal Support

12. Biochemical Engineering Support

Program Management Support Services consist of the following categories:

1. Financial Analysis and Budget Support

2. Quality Assurance (QA) Support

3. Functional and Direct Programmatic Administrative Support

4. Professional Development and Training Support

5. Analytical and Organizational Assessment Support

6. Database Administrators

7. Public Affairs and Multimedia Support

8. Logistics Support

9. Configuration Management (CM) Support

10. Information System (IS) Development, Information Assurance (IA), and Information Technology (IT) Support

11. Computer Systems Analysts

5.4.2 The requirement for experience in direct support of the DOD that can be shown as applicable to Department of Navy (DON) purposes applies only to the prime Contractor and is based on the unique nature of the mission of the DON and the support necessary to successfully execute that mission. Navy system experience, in areas such as shipbuilding, weapons system engineering/systems integration and IT support to those systems require a level of familiarity with the way the DON executes its mission in order to be successful. Support provided via contract with DOD agencies otherwise referred to as 4th estate agencies (DAU, DCAA, DCMA, etc.) and not directly in support of the DON in the areas listed in Section C must clearly demonstrate applicability to the DON. Simply holding a MAC contract or task order issued by a DOD contracting activity in and of itself does not represent sufficient performance of services in direct support to the Department of the Navy. Holding a MAC or BPA without performance of any task orders under them does not represent sufficient services in direct support of the DON. Offerors must have performed work under the MAC or BPA i.e., received award of a Task Order under a SeaPort MAC and performed those services.

5.4.3 The information submitted by the offeror must provide the Government with evidence of recent and relevant technical experience providing support to the Department of Defense (DOD), as either a prime Contractor or a Subcontractor, that can be shown as applicable to

Department of Navy (DON) purposes. For the purposes of the technical proposal, “recent” is defined as within the last ten (10) years and “relevant” is defined as mapping to one (1) of the functional areas (subcategories) in one of the two main Categories. If the experience was garnered as a prime Contractor, the following information shall be provided:

Contract Number & Name of DoD or DoN activity supported & Government Point of Contact Description of tasking performed Period of Performance Dates

In the cases where a Prime Contract number is in support of a Classified scope of work or the experience was garnered performing as a Subcontractor and a Prime contract is not available, in addition to the information listed above, supporting documentation shall be submitted in order to verify work was performed. Supporting documentation may be a copy of the contract cover page and scope of work section pertinent to the functional area proposing on, subcontract SOW, subcontract agreement, task instructions, copy of contract with subcontracting clause showing subcontractors name, invoices to prime showing work or contract number performed under the relevant prime contract. NO CLASSIFIED INFORMATION IS TO BE SUBMITTED.

Government Points of Contact to verify work shall be provided along with Prime Contractor’s name and Contract Number. Offerors shall identify the specific Functional Area (SOW Paragraphs C.3.1 and C.3.2) that correlates to the offeror’s experience.

5.4.4 The Government may consider the experience of individual employees as qualifying experience for a proposed prime Contractor.

5.4.5 The Government will accept the experience of a Joint Venture partner or the Joint Venture entity itself as qualifying experience for a proposed prime Joint Venture Contractor.

5.4.6 Past performance references are not required or desired.

5.4.7 Potential offerors who do not presently have experience providing direct support to the DoD or DoN are advised to consider becoming a Subcontractor to a Prime contract holder in order to gain that experience.

5.6 ATTACHMENT J.2 – SYSTEM FOR AWARD MANAGEMENT CERTIFICATION

5.6.1 The Offeror shall sign and certify Attachment J.2 certifying, to the best of its knowledge and belief, the information is accurate and complete and has been submitted to the System for Award Management (SAM). It is the Offeror’s responsibility to register in SAM and keep the registration up to date prior to award of the MAC and for any prior to any Task Orders awards thereafter. Offerors do not need to complete a separate Section K Representations and Certifications as the Government intends to download the information for FAR 52.204-8, Annual Representations and Certifications directly from SAM.GOV.

5.7 ATTACHMENT J.3 – PRE AWARD ACCOUNTING SYSTEM QUESTIONNAIRE

5.7.1 Successful MAC awardees are not eligible to receive a cost-type or flexibly priced task order until their accounting system complies with all material aspects established by DCAA. The MAC contracts contain both Cost and Fixed Price CLINs, so in order to assess what type of orders each vendor may propose under any resultant contract, Attachment J.3 is provided.

The Offeror shall sign and certify Attachment J.3 certifying in Part A, one of three choices on their accounting system:

a. [ ] Our organization has a DCAA Approved Accounting System or is currently under DCAA Audit and does not need to further complete the questionnaire.

b. [ ] Our organization intends on proposing on Cost-Type Task Orders and will be requesting a DCAA Audit as the result of this MAC award and submits this completed Pre-Award Accounting System Questionnaire.

c. [ ] Our organization DOES NOT intend to propose on Cost-Type Task Orders and therefore, does not need a DCAA Accounting System Audit.

5.7.2 The questionnaire in Part B is for those Offerors that may want an accounting system audit after award. Part B is not mandatory to complete but is provided to prepare Offerors in what will be asked for the audit.

5.7.3 After SeaPort NxG MACs have been awarded from this solicitation, the Government will initiate requests for accounting system reviews for any Successful Offeror/Awardee that does not currently have an approved system as indicated on their completed Pre-Award Accounting System Questionnaire.

5.8 SUBCONTRACTING PLAN (Applicable to Large Businesses Only)

5.8.1 For a Large Business Offerors - at least twenty percent (20%) of the total planned subcontracted dollars under the contract (not per task order) must be subcontracted to small businesses. The 20% subcontracted effort must be comprised of meaningful work under the statement of work within the task orders. In achieving the 20% requirement, the following specific minimum requirements must be met:

5% of the total planned subcontracted dollars under the contract (not per task order) to Small Disadvantaged Businesses, 5% of the total planned subcontracted dollars under the contract (not per task order) to Women-Owned Small Businesses, 3% of the total planned subcontracted dollars under the contract (not per task order) to Hub-Zones, 3% of the total planned subcontracted dollars under the contract (not per task order) to Service Disabled Veteran owned Small Business concerns

5.8.2 In accordance with FAR 19, Large Businesses are required to submit a subcontracting plan, which contains the above goals. No page restriction applies to this plan.

5.8.3 The subcontracting plan must state that the proposal goals are based on total obligated dollars.

5.8.4 The reporting of the actual subcontracting information experienced under the SeaPort NxG contract will occur in the Electronic Subcontracting Reporting System (eSRS) in accordance with FAR 52.219-9. This reporting is applicable to large business primes with Task Order awards only.

5.9 ATTACHMENT J.4 – CONTRACTOR INFORMATION SPREADSHEET

5.9.1 During the SeaPort NxG registration process, registrants are asked to complete the Enter Proposed team Members Information page for each proposed team member. However, registrants are given the opportunity to propose new team members at any time after the registrant has either saved the initial draft or have successfully submitted their company information. Please refer to Attachment J.1 SeaPort NxG Registration Instructions for further informtion.

5.9.2 Team members and affiliates must have an active record in the System for Award Management (SAM). Information provided should include:

1. Team Member Name & Address

2. Commercial and Government Entity (CAGE) Number,

3. DUNs Number,

4. Business Size and Socio-economic designation,

5.9.3 Team members identified in an offeror’s proposal will be approved at the time of MAC award. Additional Team Members may be added after the initial MAC award; however, early identification of team members will allow adequate time for the approval process. After MAC award, the Prime MAC holder must follow the process identified in the Vendor CONOPs and Functional Guide for submitting a teaming request and allow for a 3-5 dsy timeframe for approval as the SeaPort MAC Contracting Officer is the only individual authorized to add team members. Untimely requests and any resultant delay in the approval process may impact potential Task Order proposal submissions.

6.0 NOTIFICATION OF POTENTIAL ORGANIZATION CONFLICT(S) OF

INTEREST

6.1. Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, as either a subcontractor or as a prime contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror, if the awardee of the contract under this solicitation, would provide support to the SeaPort Program Office or other Program Offices where an OCI may arise, or related laboratories (if applicable), in support of operation of the office or any of its programs. General guidance may be found in FAR 9.505; however, this guidance is not all inclusive. The Offeror's attention is directed to the "Organizational Conflict of Interest" (or similar) text which may be contained in current or completed contract(s) which prohibits the prime or subcontractor from providing certain supplies or services to the Government as described above during the period of the current "support" contract(s) or for a period after completion of the "support" contract(s).

Notwithstanding the existence or non-existence of an Organizational Conflict of Interest (OCI) clause or similar text in current or completed contract(s), the offeror shall comply with FAR 9.5 and identify whether an OCI exists or there is potential for an OCI and not rely solely on the presence of an OCI text.

6.2. If a potential conflict of interest exists at any tier, each potential prime offeror shall notify the Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide:

(1) the contract number and name and phone number of the Contracting Officer for the contract which gives rise to a potential organizational conflict of interest; (2) a copy of the requirement;

(3) the statement of work (or technical instruction) from the existing contract; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; and (5) any additional information the Contracting Officer should consider in making a determination of whether a conflict of interest exists. The Government may independently verify the information received from the offeror. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source.

6.3. The Government will notify an offeror of any conflict of interest within 14 days of receipt of all required information. Those offerors deemed to have a conflict of interest may be ineligible for award under this solicitation. An Offeror’s failure to provide the information in a timely manner does not waive the Government's rights to make a conflict of interest determination. The offeror is notified that if it expends time and money on proposal preparation, such expenditure is at its own risk that the Government will not determine that an organizational conflict of interest exists.

6.4. Any potential prime contractor which proposes a subcontractor later determined to have a conflict of interest and deemed ineligible to participate in the current competition, may not be granted the opportunity to revise its proposal to remove the ineligible subcontractor. The Government reserves the right to determine which offerors remain in the competitive range through the normal source selection process.

6.5. If the offeror determines that a potential organizational conflict of interest does not exist at any tier, the offeror shall include a statement to that effect in its response to this solicitation.

(End of Summary of Changes)