N0042117R0018_DRAFT_RFP_Section_L&M.pdf

N00421-17-R-0018

Section L - Instructions, Conditions and Notices to Bidders

SECTION L

L – (1) CONTENT OF PROPOSALS (SERVICES) (30 March 2018)

PART A GENERAL INSTRUCTIONS

1.0 GENERAL

Offerors must respond to all requirements of the solicitation and not alter or rearrange the solicitation. Offerors are advised that the Government may incorporate any portions of the Offeror’s proposal into the resulting contract.

Proposals submitted must be for the entire requirement. Partial proposals will not be accepted. Offerors must submit ONE proposal that complies with the requirement. Alternative proposals and/or solutions will not be accepted and will be rejected by the government if submitted.

In presenting material in the proposal, Offerors are advised that quality of information is more important than quantity. Clarity, brevity, and logical organization shall be emphasized during proposal preparation. Statements that the prospective Offeror understands, can comply with, or will comply with, the specifications, and paraphrasing the requirements or parts thereof without supporting information are considered inadequate by the Government, and may result in assessing weaknesses, significant weaknesses, and/or deficiencies.

Offerors must include any data that illustrates the adequacy of the various assumptions, approaches, and solutions to problems. Failure to address a specific factor or sub factor clearly may be considered a deficiency.

Unnecessarily elaborate brochures or other presentation materials beyond that sufficient to present a complete and effective proposal is neither necessary nor desired.

The Government advises Offerors that taking exception or deviating from any term or condition of the RFP may result in the assessment of a deficiency to the proposal.

Throughout these instructions, a “principal subcontractor” is defined as a subcontractor who provides at least

25% of the proposed total price (excluding the Offeror’s profit/fee), for the contract. “JV Team member” is defined as one of the entities that make up a joint venture (JV) formed for the purpose of responding to this solicitation.

Questions: Offerors may submit questions requesting clarification of solicitation requirements by emailing the contract specialist at beatriz.rojas@navy.mil. It is required that all questions be received within 10 calendar days of the date this solicitation is issued. Questions submitted shall use the Solicitation Section L Attachment 2

“Solicitation Question Form” to beatriz.rojas@navy.mil.

2.0 PROPOSAL FORMAT

Written proposals must be formatted using a Times New Roman 12 pt. Normal font (no reduction permitted), single-spaced with 1-inch margins all around, and formatted for standard 8.5 x 11 inch paper. All pages should be numbered with section and page numbers. When foldout pages are used they must not exceed 11 x 17 inches and will be counted as 1 page. Drawings may be provided separately and may be any size but should be folded to approximately 8.5 x 11 inch standard size and will count as 1 page. Graphs shall be presented in no smaller than a

10 pt. font and should contain a grid, which allows values to be read directly from the graph to the same accuracy that a 10 x 10 to the ½ inch grid provides. Graphic resolution, including such data as tables or charts, should be consistent with the purpose of the data presented. Each Volume, Book or Annex shall be provided separately in a 3-ring binder. The binders should be of appropriate thickness for the number of pages it contains (e.g. a 30 page book shall not be placed in a 2” binder).

Offerors will provide one complete copy of the proposal to Betty Rojas, Contract Specialist, as electronic files fully compatible with Microsoft Office 2007 and for information not supported by MS Office products, with the latest

Adobe Acrobat reader on a CD-ROM. Each CD-ROM is to be labeled for content and the Offeror’s name. If a mailto:lauren.wright@navy.mil mailto:beatriz.rojas@navy.mil discrepancy exists between the original paper copy of the proposal and the disk copy, the paper copy will take precedence.

Offerors are responsible for ensuring that its electronic proposal is virus free. The offeror shall certify, in its proposal cover letter, that all electronic proposal information has been checked for viruses, and specify the software, version, and virus definition used to check the data. With each subsequent submission of proposal information (e.g., responses to Evaluation Notices, Final Proposal Revisions, etc.), the offeror shall ensure and certify that its files are virus free.

3.0 PROPOSAL CONTENT AND VOLUMES

The Offeror must present proposal information in a manner that facilitates a one-to-one comparison between the information presented and this Proposal Instruction. Proposal information must be structured such that its

Volume/paragraph number matches the Proposal Instructions Volume/paragraph number provided in section “Part B

Specific Instructions” to which it is responding, although the Offeror may add lower tier subparagraphs. The

Offeror must provide reasons it will not provide information for a particular paragraph. The proposal information instructions are structured by paragraph numbers where first, second, third, and fourth parts correspond to the volume, book, section, and element, etc., in the Offeror’s proposal.

Each volume of the proposal shall be submitted as one original and additional copies as specified in the table below. The table below supersedes the copies requested in Block 9 of the Standard Form (SF) 33. All volumes of the original proposal shall be delivered to the address provided in Section 4.0 prior to the closing date/time stated in this solicitation. Page limitations for each volume, if any, are also specified in the table below; title and table of contents pages do not count towards the page limit. Any pages submitted exceeding the page limit shall be disregarded and NOT evaluated.

The Offeror should provide one folder for each volume or annex, containing all electronic files requested within the volume or annex. Please submit each volume, book, or annex as one file if possible. Offerors should not provide each section/paragraph as separate files.

The Offeror shall ensure that the electronically submitted files are directly traceable to paper copy submittal.

Information submitted as an Annex to the proposal includes manuals, specifications, plans, procedures, and policies that exist as an official document of the company or facility, as well as other information requested in Part B

Specific Instructions. Page limitations for Annexes, if any, are specified below. The authorized Annexes are summarized in the table below.

Table L-1: Proposal Structure

Volume Number Volume Title Page Limit Copies Required

1 TECHNICAL See Below 1 Original/4 Copies/2 CDs

Technical Element #1

Technical Element #2

Technical Element #3

Technical Element #4

Technical Element #5

Technical Element #6

Capability Verification

Aircraft Performance

Requirements

Airworthiness Data

Aircraft Support

Personnel Resources

Small Business

Utilization Strategy

No page limit

See Above

2 PAST

PERFORMANCE

No page limit 1 Original/1 Copy/2 CDs

3 CONTRACT

ADMINISTRATION

No page limit 1 Original/1 Copy/2 CDs

Annex 1 Small Business

Subcontracting Plan As

Applicable

1 Original/1 Copy

Annex 2 SOW/PWS for each referenced contract

1 Original/4 Copies/2 CDs

Each volume shall contain the following information:

- Cover and title page

- Title of proposal and proposal number as applicable

- Offeror’s name, CAGE Code, address, and POC and email address

- Solicitation number

- Proposal volume/book number

- Copy number

- Table of Contents (The table of contents must provide sufficient detail to enable easy location of important elements)

- Use tabs and dividers

The Offeror shall submit a Cross Reference Matrix (CRM) for the Technical Volume, similar to the example below, to help ensure that all solicitation requirements are addressed and to facilitate the evaluators’ review of the

Offeror’s proposal. The CRM should be a single integrated matrix and cross-reference the proposal volumes and paragraphs to specific RFP requirements, as well as other parts of the proposal that contain relevant information.

The Offeror’s CRM may be identical to the example below or revised such as to add columns to indicate the page number on which information may be found, identify where other relevant information in the proposal is located, or provide other comments. The CRM does not count against any of the proposal page limitations.

EXAMPLE OF A CROSS REFERENCE MATRIX (CRM)

Section L –

Proposal

Instructions

Government

SOW/PWS

Section M –

Evaluation

Factor/Element

Offeror’s Proposal

Reference

CLIN

Reference

4.0 PROPOSAL SUBMISSION:

Clearly mark all packages with the solicitation number. The submission date for all Volumes shall be no later than the date and time specified in Block 9 of the SF 33 of the RFP. It is requested that Volume 2 Past Performance information be submitted 14 days prior to the submission date specified in Block 9 of the SF 33of the RFP.

Offeror shall submit proposals via United States Postal Service or through a commercial carrier using the address provided below. Offeror shall not submit proposals by facsimile or electronically via email.

NAVAL AIR WARFARE CENTER AD-PAX

Code: AIR-2.5.1.13.13 (Betty Rojas)

21983 BUNDY RD, BLDG 441

PATUXENT RIVER, MD 20670

Solicitation Number: N00421-17-R-0018

Hand carried proposals may be delivered to the address above, attention Betty Rojas and/or Michael Coon.

5.0 PROPOSAL PACKAGING:

The Offeror shall package the proposal volumes in cartons or equivalent packaging containers in the most efficient manner possible grouping like volumes to the maximum extent possible. Each container shall be single person portable. One container shall include all Original Proposal volumes including the original/signed documents.

Each box should include a packing slip detailing the contents to include the volume number, title, and copy number. Also, each box should be stamped or marked “For Official Use Only” and “Source Selection Information –

See FAR 2.101 and 3.104.”

6.0 CLASSIFIED DATA

All proposals must be UNCLASSIFIED.

7.0 SOLICITATION CHANGES

For notice of any changes and additional information provided by the Government for the solicitation, please go to www.FedBizOpps.gov. Search the database for solicitation number: N00421-17-R-0018.

PART B SPECIFIC INSTRUCTIONS

1.0 VOLUME 1: TECHNICAL

The Offeror shall provide all information and data required to conduct a thorough and complete technical evaluation.

The Offeror shall address the following in the proposal:

Technical Element #1– Capability Verification

1.0 Volume 1:

Technical

Technical

Element #1

Sub element

1.3

Example: Para 3.2.1.3

Note: This column shall address all paragraphs in Sections xx and xy of the

SOW/PWS.

Part B: Specific

Instructions

Technical 1.0

Element #1

Provide reference to

Offeror’s Proposal Volume I

– Technical. Example:

Refer to appropriate page number in Offeror’s written proposal http://www.fedbizopps.gov/

1.1 – List of proposed aircraft by type, model, series (T/M/S) and serial number.

1.2 – Proof of Ownership or Lease – The Offeror shall submit documentation that provides the Offeror’s proof of ownership or lease for each of the aircraft proposed for use under this contract. The Offeror shall submit proof of ownership or lease agreements for each aircraft it plans to utilize under this contract.

1.3 – Navy airworthiness certification plan – All aircraft under this contract will require a U.S. Navy issued

Interim Flight Clearance (IFC). The Offeror shall submit a plan detailing its approach to obtaining a Navy

IFC, including original certification authority, source of supporting data and major milestones. If submitted with the proposal an active Navy IFC satisfies this requirement.

Technical Element #2 – Aircraft Performance Requirements - For each T/M/S aircraft proposed for use on this contract, the Offeror shall demonstrate how the aircraft will meet the requirements described in PWS paragraph 3.1 and provide evidence of each T/M/S aircraft proposed were in fact developed and manufactured to drop ordnance/threshold munitions. Each aircraft proposed shall meet or exceed the performance requirements specified in the PWS. Supporting data (excerpts from flight manuals, published performance data, etc.) shall be submitted to substantiate the aircraft meets the performance requirements. As evidence or substantiation data of proposed T/M/S aircraft, the Offeror shall submit Original Equipment Manufacturer and/or Military documentation that the T/M/S were developed and manufactured to drop ordnance and/or has been qualified by a military airworthiness authority, and utilized in dropping of threshold requirement ordnance.

2.1 – Offeror shall provide, in addition, the data described in the below table 2.1.1 as it relates specifically to the table found in the PWS at Paragraph 3.1.1. Offeror’s proposal shall meet all of the Government’s minimum threshold requirements. Any proposed aircraft or proposed solution that does not meet all threshold performance requirements will be deemed unacceptable.

2.1.1 Performance Threshold Requirements:

Minimum Performance Requirements (Threshold) Offeror

Proposed

Aircraft Data

TMS:

Tail Numbers:

Aircraft and Aircrew

Systems:

Two (2) Ultra High Frequency (UHF) radios with at least one radio capable of Very High Frequency (VHF) transmission, both capable of transmission and reception for line of sight signals.

Oxygen system for sustained operations above 10,000 feet.

Aircraft shall incorporate Night Vision Device (NVD) compatible cockpits to allow for day and night live

Terminal Attack Controller (TAC) operations and ordnance delivery. NVDs shall be Contractor provided and be compatible with currently fielded Infrared (IR) marking devices. Contractors, in performance of night time sorties, must be able to conduct IR CCAS, visually acquiring IR marks and strobes using NVDs.

Airspeed and

Endurance:

300 Knots True Airspeed (KTAS) in threshold ordnance configuration, straight path dive delivery profile.

Not including transit to and from the working airspace and while carrying ordnance and external stores in accordance with an approved Naval Air (NAVAIR) Interim Flight

Clearance (IFC) configuration, the aircraft shall be required to maintain 60 minutes tactical time on station without any refueling operations.

Weapons / Ordnance Light Inert (BDU-33, MK-76) Practice Bombs. The

Government’s minimum quantity requirement per aircraft is capability to carry at least two (2) MK-76/BDU-33’s.

Standard Configuration and Loads (SCL) as per NAVAIR

IFC evaluation.

Ordnance Delivery

Profiles

Level attitude from 500 feet Above Ground Level (AGL) to

15,000 feet AGL. Straight path dive delivery of 15 degrees nose low.

Altitude Minimum of 15,000 feet AGL in threshold ordnance configuration.

Targeting Pods (Laser and Video Down Link

Capability)

Infrared (IR) Sensor.

IR Pods shall be provided by the Contractor for all aircraft utilized in performance of this contract within six (6) months from date of contract award.

Sortie / Mission

Requirements

The Contractor shall be able to operate in support of each

Task Order at least four (4) aircraft for up to three (3) turns daily (Day and/or Night).

Contractor service platforms shall be able to execute sustained operations for at least fourteen (14) days without interruption.

Technical Element #3– Airworthiness Data - The Offeror shall provide the following documentation relating to aircraft airworthiness. For TE sub elements 3.2 and 3.3, if submitted with the proposal an active Navy IFC satisfies these documentation requirements.

3.1 - Parts Life Tracking Process

3.1.1 - The Offeror shall list all categories of parts with Original Equipment Manufacturer (OEM) defined life limits, and define a plan for replacing those parts on/before their required dates. The list shall include for each aircraft type proposed the complete list of the parts, including structural components for which the OEM or prior military user has established a life limit. The Offeror shall INCLUDE for each life-limited part:

(a) the flight hours, cycles, calendar date, or other limiting parameters which require removal or overhaul; and

(b) the source that will be used to acquire or overhaul the replacement parts. For example, OEM or a third-party manufacture complete with lead time.

3.2 - Aircraft Modifications Status report

3.2.1 - The Offeror shall include for each aircraft proposed a list of all currently installed modifications and configuration changes since released by the OEM.

3.2.2 - The Offeror shall demonstrate the airworthiness of each aircraft modification. For each modification, the Offeror shall provide a copy of the FAA Approved Data or Airworthiness certification or, alternatively, the engineering report that clearly states that the modification is airworthy.

3.3 - Maintenance History report

3.3.1 - The Offeror shall demonstrate for each aircraft proposed that the aircraft has been maintained in accordance with the requirements established by the OEM or civil regulations similar to or such as that required by FAA Part §91.417 for the timeframe from manufacture to proposal submittal. The Offeror shall provide a list of documentation, and all data and records supporting the maintenance.

3.3.2 - The Offeror shall include for each aircraft proposed a description of the process and method used to establish the aircraft's maintenance history similar to or such as that required by

FAA Part §91.417(b)(2), prior to taking possession of the aircraft.

3.3.3 - The Offeror shall identify and explain any lapses in the documented maintenance history of any aircraft proposed, from the time it was manufactured to proposal submittal.

3.4 - Fatigue Life Status report

3.4.1 - The Offeror shall include for each aircraft type proposed, the OEM's structural fatigue life limits.

3.4.2 - The Offeror shall provide for each individual aircraft: (a) the current total counts on tracked items (e.g. flight hours/cycles/landings) that have been accumulated since the aircraft was manufactured, and (b) the means used to determine the current accumulated counts since the aircraft was manufactured.

3.4.3 - The Offeror shall demonstrate all proposed aircraft have the remaining fatigue life to allow the aircraft to be safely operated throughout the ordering period of the contract, based on projected combined aircraft usage rates as described in Section B, CLIN 0001 and its subordinate ELIN(s).

Technical Element # 4 -- Aircraft Support

4.1 – Aircraft Maintenance Strategy - The Offeror shall provide an explanation of its maintenance organization and strategy for conducting both scheduled and unscheduled aircraft maintenance.

4.2 – Aircraft Logistical Strategy

4.2.1 - The Offeror shall provide its proposed logistical strategy for supporting each proposed

T/M/S aircraft, to include flight and ground crew composition, and ground support equipment requirements.

4.2.2 - For each proposed T/M/S aircraft, the Offeror shall provide its proposed source of OEM, Federal Aviation Administration (FAA), or equivalent agency certified parts.

4.2.3 - For each proposed T/M/S aircraft, the Offeror shall provide its proposed source of OEM, FAA, or equivalent agency certified maintenance and engineering data.

Technical Element #5 – Personnel Resources - The Offeror shall describe the processes and strategies to be used in recruiting, hiring, and retaining aircrew positions considering the requirements of PWS paragraphs 4.4 and 5.0, with emphasis placed on recruiting, hiring and retaining adequate numbers of qualified pilots and maintenance managers.

Technical Element #6 Small Business Utilization Strategy:

7.1 - All Offerors (Large and Small Businesses) shall address their strategies for utilizing Small Business

(SB) Concerns in the performance of this contract, whether as a JV, teaming arrangement, or subcontractor.

SB Offerors may meet this requirement using work they perform themselves. For purposes of this solicitation, the term SB Concern shall also include the subcategories of Small Disadvantaged Business, Women-Owned SB, HUBZone SB, Veteran-Owned SB, and Service-Disabled Veteran-Owned SB. Each subcategory of SB shall be addressed. This strategy is separate from, but shall be consistent with, the SB

Subcontracting Plan, if such a Plan is required. In describing its SB Utilization Strategy for this solicitation, the Offeror shall, as applicable:

(a) Small Business (SB) Utilization Strategy: All Offerors shall describe their strategies for utilizing SB

Concerns in the performance of this contract, whether as a JV, teaming arrangement, or subcontractor. Each subcategory of SB shall be addressed. This strategy is separate from, but shall be consistent with, the SB

Subcontracting Plan, if such a Plan is required.

(b) SB Subcontracting Plans: The Large Business Offeror shall provide its SB Subcontracting Plan conforming to the requirements of FAR 19.7 and DFARS 219.7 as Annex 1, unless there is an already approved comprehensive

SB Plan. The Subcontracting Plan of the successful Offeror(s) will be reviewed and approved by the PCO prior to contract award. See FAR 19.702(a) (1) Statutory Requirements, regarding failure of the apparent successful Offeror to negotiate and submit a Subcontracting Plan acceptable to the Contracting Officer. The successful Offeror’s approved Subcontracting Plan will be incorporated into the resultant contract.

2.0 VOLUME 2: PAST PERFORMANCE

Sources of past performance evaluation information include information provided by the Offeror in response to the solicitation, information obtained from questionnaires, and any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee

Performance and Integrity Information Systems, Electronic Subcontract Reporting System, or other databases; the

Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee

Determining Officials.

The Offeror shall complete the Past Performance Information Form, Attachment 5, for each past performance reference performed within five years of the solicitation release date. The Offeror shall submit no more than five

Past Performance Information Forms as the Prime Contractor, no more than two forms for each principal subcontractor, and/or no more than two forms for each JV team member. The Offeror shall submit written consent from its principal subcontractor(s) and JV team member(s) that will allow the Government to coordinate any past performance issues directly with the Offeror. If the Offeror does not submit the written consent, the Government will address any past performance issues directly with the principal subcontractor or JV Team member and the

Offeror will forfeit the opportunity to participate in any related discussions. Consequently, for any principal subcontractor and JV team member that does not provide the written consent, the Offeror shall provide the name, address, phone number, and email address with whom the Government may address any past performance issues.

The Offeror shall provide a narrative on each Past Performance Information form in the “Contract Effort

Description” area that clearly describes how each contract reference has relevant work effort that matches the relevancy definitions specified in Section M of the solicitation. Additionally, the Offeror shall provide one electronic original copy and one actual copy to the contract in reference as well as an original copy of the statement of work for each contract reference as Annex 1 to this Past Performance Volume.

The primary source of past performance information will be PPIRS. If a Contractor Performance Assessment

Report (CPAR) exists for multiple years for the same contract/order, all periods of performance within the recency period specified above, for that contract/order, will be used for evaluation. In the event a CPAR does not exist for a past performance reference, the Offeror shall submit a Contractor Performance Assessment Questionnaire (CPAQ), Attachment 6, to the Program Manager who is the Assessing Official. The Offeror shall include instructions for the

Program Manager to send completed questionnaires within seven (7) days of its receipt via e-mail to Betty Rojas, Contract Specialist, at Email: beatriz.rojas@navy.mil, thereby allowing the customer approximately seven (7) days to complete their response. All CPAQs should be received by the Government concurrently with the Offeror’s proposal submission.

3.0 VOLUME 3 – CONTRACT ADMINISTRATION

Please provide the following:

mailto:beatriz.rojas%20@navy.mil

a. The original signed SF33 for the basic solicitation and each amendment (as applicable) (including Solicitation sections B-K).

b. Signed Representations, Certifications, and Acknowledgements or System for Award Management (SAM) reference.

c. Guarantee the length of proposal validity (for at least 180 days after proposal submission).

d. Offeror Representatives and Information: Provide the name, title, phone number and email address and facility codes for the offeror’s cognizant Contract Administration Office, Defense Contract Audit Agency (DCAA), and

Government Paying Office. In addition, please provide the name, telephone number, fax number and email address for the Administrative Contracting Officer (ACO) at the Defense Contract Management Agency

(DCMA).

e. Business System Compliances: The offeror shall indicate the most recent date which the offeror’s cognizant

Defense Contract Management Agency/Defense Contract Administration Agency determined the adequacy of the offeror’s systems (including but not limited to Accounting, Estimating, and Purchasing). If the offeror’s systems’ status is not adequate, list the date of the last adequacy determination and the current status of any systems reviews or ongoing audits.

f. Joint Ventures: If proposing as a Joint Venture, the offeror shall provide copies of any approved Joint Venture agreements or Joint Venture agreements submissions not yet approved. Additionally, the offeror shall clearly indicate if it is proposing as a Populated or Unpopulated Joint Venture, as defined in 13 CFR 124.513. Provide the mailing address of the offeror’s principal point of contact for the solicitation. Also identify those individuals authorized to negotiate with the Government and contractually bind the offeror. The offeror shall provide its company/division’s street address, county and facility code; CAGE code; DUNS code; size of business (large or small); and labor surplus area designation.

g. Terms and Conditions: This section must include a statement that all exceptions and deviations that the offeror takes to the provisions of the RFP are identified in this section; or provide a statement that the offeror has no exceptions or deviations from the RFP. An exception is where an offeror states it will not comply with a requirement, usually involving contract terms and conditions. A deviation is where an offeror states it will not comply with a requirement but proposes an alternative to meet the intent of the requirement, usually involving a specification or it is determined by the Government evaluation of the offerors’ proposal. An exception or deviation may be considered a deficiency. If proposing an exception or deviation, the offeror shall provide the following in this section: (a) a detailed description for each exception of deviation, (b) identification of the portion of the RFP affected, and (c) an indication as to why the applicable requirement as stated in the RFP is difficult to meet. The Government will review the information and may elect to clarify the requirement via an amendment or clarify the requirement by holding discussions.

h. Completed Task Order Pricing Spreadsheet, Attachment 04. The Task Order Pricing Spreadsheet will not be evaluated at the basic contract level. As stated in Section M, Paragraph 1.0 General, “Offerors are advised that in accordance with Defense Procurement and Acquisition Policy (DPAP) Class Deviation 2018-O0006, evaluation of price will be excluded for contract award.” The Task Order Pricing Spreadsheet will be utilized for Fair and Reasonable price determination at the Task Order level.

CLAUSES INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this clause--

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM) database" means that --

(1) The offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal

Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of

Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

"Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity designator, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and Zip Code.

(4) Company Mailing Address, City, State and Zip Code (if separate from physical).

(5) Company Telephone Number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting

Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.215-1 INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision --

Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show --

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision, received at the Government office designated in the solicitation after the exact time 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 solicitation, 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.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall --

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets insert numbers or other identification of sheets; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors

(except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the

Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.

Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting

Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR

15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Multiple Award indefinite delivery indefinite quantity, firm fixed price contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Naval Air Systems Command

Michael J. Coon

Code 2.5.1.13

21983 Bundy Road, Unit 1

Bldg 441

Patuxent River, MD 20670

301-757-7114

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO

THE GOVERNMENT (JUN 1995)

The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify--

(a) The contract number under which the data or software were produced;

(b) The contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered; and

(c) Any limitations on the Government's rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire.

5252.215-9503 ANTICIPATED AWARD DATE (NAVAIR)(FEB 1995)

The anticipated award date for this requirement is Quarter 1 FY 2019. This information is provided for use as a basis for schedules and burden (labor, overheads, G&A, etc.) mid-point calculations.

5252.227-9508 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA

(NAVAIR) (APR 1998)

(a) By Department of Defense (DoD) Directive 5230.25 (hereinafter referred to as "the Directive"), a program was…