Amendment_0002.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 reason for this amendment is to provide responses to 128 questions, revise the Organizational Experience factor, revise the Past

Performance factor, revise Clause 52.219-27, revise Clause 52.212-2, provide a Word version of Attachments 1, 2 and 6 and revise the proposal due date.

No additonal questions w ill be accepted or answ ered.

All other terms and conditions are hereby unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 25-Jan-2019

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 N3220519R1002

X 9B. DATED (SEE ITEM 11)

19-Dec-2018

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 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

25-Jan-2019

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220519R1002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 31-Jan-2019 02:00 PM to 06-Feb-2019 02:00 PM.

The following have been modified:

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

b. The Government will evaluate offers using the best value Low Price Technically Acceptable (LPTA) process in accordance with FAR 15.101-2. The technical factor and past performance will be evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made, and no additional credit will be given for exceeding the minimum requirements of this solicitation. Award will be made to the offeror with the lowest evaluated price proposal whose offer conforms fully to the solicitation requirements and meets the acceptability standards for all non-price factors. To be eligible for award, an offer must receive an acceptable rating in every non-price factor. An unacceptable rating in any non-price factor will render the entire offer unacceptable.

c. The Government intends to award without discussions, pursuant to FAR 52.212-1(g), however the

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

d. In selecting the lowest-priced offeror with an acceptable rating for all non-price factors, the following factors will be considered:

(1) Organizational Experience

Table 1. Technical Rating

Rating Description

ACCEPTABLE Proposal meets the requirements of the solicitation.

UNACCEPTABLE Proposal does not meet the requirements of the solicitation.

The Government will evaluate whether the offeror’s experience equates to the task requirements described in the

Performance Work Statement. In order to be considered technically acceptable, the offeror must have relevant organizational experience for all six (6) scope elements listed in the instructions to offerors.

(2) Past Performance

Table 2. Past Performance Rating

RATING DESCRIPTION

ACCEPTABLE

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

UNACCEPTABLE

Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

** In the case of an offeror without relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.**

(3) Price

Price will not receive a rating.

e. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

f. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

g. The Government will review the Statement/OCI Mitigation Plan submitted by the offeror in accordance with the requirements set forth in FAR 52.212-1 under the Organizational Conflict of Interest. 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, (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 award, or (4) seek a waiver. If the Contracting Officer determines that an actual or significant potential conflict of interest exists that cannot reasonably be avoided, neutralized or mitigated, the offeror will be ineligible for award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

X (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( Class Deviation

2019-00003 ) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

____ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

X (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31

U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addendum to 52.212-1 INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS

Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

A. Paragraph (c) of FAR Provision 52.212-1 is amended to read: Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

B. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

SOLICITATION PROVISIONS

Contractor will be required to fill out and return the following FAR and DFARs Provisions and Clauses:

CLAUSE TITLE DATE

52.209-7 Information Regarding Responsibility Matters Jul 2013

52.212-3 Alt I Offeror Representations and Certifications –

Commercial Items

Jan 2017

252.225-7000 Buy American – Balance of Payments Program

Certificate – Basic

Nov 2014

252.247-7022 Representation of Extent of Transportation by

Sea

Aug 1992

PROPOSAL PREPARATION INSTRUCTIONS

A. Proposal Submittal and Inquiries.

1. Proposals shall be received prior to the closing date and time identified on the SF 1449, electronically at email address Karoline.e.duffy@navy.mil. The time for receipt of proposals shall mailto:Karoline.e.duffy@navy.mil be based on the time stamped on the email on the receiving contract specialist’s computer not based on the time the email was sent. Timeliness of proposals will be in strict accordance with

FAR 52.215-1. Only those proposals received by the specified date and time will be considered and reviewed. Partial proposals or attachments submitted late will not be considered. It is the contractor’s responsibility to ensure timely delivery of its proposal prior to the due date and time.

2. The subject line of the email submission shall read, “N3220519R1002 // [Offeror’s Name] // Part

[X] of [Y],” (Part X of Y is utilized to indicate multiple emails as part of the submission where X is the email number and Y is the number of total emails to be received).

NOTE: to ensure attachments are properly received, offerors are encouraged to limit the sum total size of a single email to 10 megabytes (MB).

3. Submissions shall not contain any classified material. It is the sole-responsibility of the offeror to ensure that the files submitted are virus free and can be opened and read by the Government.

4. The point of contact responsible for supplying additional information and answering all inquiries is the Contract Specialist. Address all questions or concerns the offeror may have to the Contract

Specialist, Karoline Duffy. All questions concerning the solicitation shall be submitted in writing via email to:

karoline.e.duffy@navy.mil

All questions shall be received no later than Monday 07 January 2019. Offerors are cautioned that any question received after this deadline may not receive a response.

B. General Instructions.

1. The selection of a source for award purposes will be conducted utilizing source selection

(negotiated) procedures as delineated in FAR Subpart 15.3. Offerors will be evaluated using the criteria under FAR Provision 52.212-2, “Evaluation – Commercial Items.” Noncompliance with the Request for Proposal (RFP) requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

2. The submission of the documentation specified below will constitute the offeror’s acceptance of the terms and conditions of the RFP and concurrence with the contract type.

3. It is the Government’s intention to award without discussions. Offerors are encouraged to submit their best technical proposal and prices in initial proposals. In accordance with FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency in accordance with FAR 15.306(c)(2). Proposals containing unacceptable ratings may be included in the competitive range provided they can be made acceptable as a result of discussions.

4. Instructions outlined in paragraph C below, prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of information needed to allow for evaluation of proposals.

5. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the Contract

Specialist in writing with the supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposals, as received, without discussion.

6. All referenced documents for this solicitation are available on the Federal Business Opportunities

(FBO) website at https://www.fbo.gov. Potential offerors are encouraged to subscribe for real-https://www.fbo.gov/ time email notifications when information has been posted to the website for this solicitation. If any necessary documents are not available on FBO, please notify the Contract Specialist via email.

7. Debriefings. The Contracting Officer will promptly notify offerors if the decision to eliminate their proposals from the competitive range, whereupon an offeror can request and receive a debriefing in accordance with FAR 15.505. The Contracting Officer will notify unsuccessful offerors in the competitive range of the source selection decision in accordance with FAR 15.506.

Upon such notification, unsuccessful offerors may request and receive a debriefing. Any offeror requesting a debriefing must make the request in accordance with the requirements of FAR

15.506.

C. Proposal Preparation Instructions

1. Offeror’s proposal shall consist of four (4) separate volumes: General (Volume I), Technical

(Volume II), Past Performance (Volume III), and Price (Volume IV).

2. Exceptions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representation and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet a requirement may result in an offeror being ineligible for award. If the offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the offeror shall clearly identify the applicable Volume and exceptions with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Offerors are cautioned that taking an exception may render the offer ineligible for award. It is recommended that the offeror contact the Contracting Officer immediately prior to solicitation closing, upon identifying an area that may result in an exception.

3. Proposal Format

a. The proposals shall be organized into four (4) separate volumes. Each file sent via email shall include the volume number in the document title. It is permissible to include multiple volumes within one (1) email submission, however a single file can contain no more than one (1) volume.

b. Files shall be submitted in one (1) or a combination of the following formats: Adobe

PDF, Microsoft Word, PowerPoint, and/or Excel. Files should be consistent with twelve

(12) point font and one (1) inch margins. No file shall be locked. The file names shall consist of the volume number, factor, tab, company name, and state “initial” (for the first submission) and “Revision X” (for later submissions, if necessary) where X indicates the number of the revision.

c. The table below shows detailed page limits for submissions:

Table 1 – Volume Page Limits

VOLUME TITLE PAGE LIMIT

I General N/A

Tab 1 Cover Letter 2

Tab 2 Completed Attachments N/A

Tab 3 Organizational Conflict of Interest N/A

II Organizational Experience 15

III Past Performance N/A

IV Price N/A

d. Proposal Limitation. The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed and remain unread.

The Government will not accept any changes to the contractor’s proposal after the closing date of the solicitation (See FAR 15.208 for further information regarding late proposals). If discussions become necessary, page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors.

e. Page limits include: all appendices, charts, graphs, diagrams, tables, photographs, drawings, etc.

f. Page limits do not include: covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. Pages will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked, “This page intentionally left blank,” will not be counted.

g. In the event that the offeror creates ambiguity in their numbering of pages, the

Government may exercise its own discretion in counting pages.

D. Proposal Content

1. Volume I – General. Offerors are required to submit: (TAB 1) a Cover Letter; (TAB 2)

Completed Attachments, which will consist of a completed SF 1449 to include acknowledgement of amendments, if applicable; completed Representations and Certifications; completed Non-

Disclosure Agreement Corporate; and completed Use and Non-Disclosure Agreement (NDA) for

Government Technical Data.

Tab 1: The following information shall be provided in the cover letter:

a. Authorized Offeror Personnel: Provide the name, title, telephone number, and e-mail address of the individual who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your quotation.

b. Company Information: The name, address, telephone number, Data Universal Numbering

System (DUNS) number, Commercial and Government Entity (CAGE) Code, and The

Company’s Small Business Size Standard under the applicable NAICS code.

c. Service Contract Act (SCA) Certification; The Offeror shall certify that it will comply with the Service Contract Act.

d. Organizational Conflict of Interest (OCI).

e. Agreement with Terms: A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFP. Offerors are to clearly detail any exceptions taken and the rationale for the exceptions taken to the RFP. Exceptions taken to the RFP may render the proposal unacceptable to the Government.

Tab 2: The following information shall be provided:

a. Completed Representations and Certifications. Offerors shall complete all applicable

Representations and Certifications, including FAR 52.212-3 and those provisions listed in the first table of this clause.

b. Signed Solicitation Standard Form 1449.

c. Signed acknowledgement of all RFP amendments. Offerors shall acknowledge all RFP amendments.

d. Completed Form DD254 (Attachment 5) with applicable CAGE code.

e. Non-Disclosure Agreement Corporate (Attachment 3).

f. Use and Non-Disclosure Agreement (NDA) for Government Technical Data (Attachment 4).

Tab 3: Organizational Conflict of Interest:

a. Disclosure. The offeror, including its subcontractor(s), affiliates, and consultants, shall state in its proposal whether it is aware of any information bearing on the existence of any actual or potential organizational conflict of interest (OCI). An OCI may exist if the offeror, its subcontractors, affiliates, and/or consultants are currently under contract to provide

Information Technology Policy and Planning Support Services (ITPPS) or Information

Technology governance and process support (ITGPS) services to Military Sealift Command.

Other situations may also give rise to an OCI. If the offeror represents that it 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 an unfair competitive advantage, the offeror shall provide a full disclosure statement as well as an OCI Mitigation Plan. 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 Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

b. OCI Mitigation Plan Contents. The Organizational Conflict of Interest (OCI) Mitigation Plan shall be submitted with the offeror’s proposal. At a minimum, the Mitigation Plan shall include the following:

i. Provide organization charts showing the Offeror's corporate structure and highlight elements of the company participating in the contract.

ii. Demonstrate how the elements performing the proposed effort (including the management reporting chains) will be isolated from the remainder of the company.

iii. Provide information to indicate if the organizational elements performing the proposed effort will be geographically or physically separated from the remainder of the company.

iv. Describe the process by which the Government will have insight or oversight of key processes.

v. Provide all documents that the Offeror’s employees are required to sign indicating which employees are required to sign and how often they are required to sign.

vi. Describe the process for reassigning personnel, including subcontractors, from one organization to another. Include restrictions that apply.

vii. Describe the process for employees that leave employment and any controls that are exercised over their future employment, particularly as it relates to OCI and nondisclosure.

viii. Describe any OCI training the Offeror’s employees are offered and/or required to attend, along with the timing (before or after starting work on Government contract) frequency, length and content of such training.

c. The Government will review the statement/OCI Mitigation Plan 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, (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 award, or

(4) seek a waiver. If accepted, the Mitigation Plan shall become part of the contract.

d. The refusal to provide the disclosure or representation 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).

2. Volume II – Organizational Experience.

The offeror shall submit a minimum of two (2) and a maximum of five (5) relevant projects currently active or completed within the last five (5) years with at least one full year of performance. Each submitted project shall include at least three (3) of the scope elements below, and the offeror’s entire submitted experience (3 to 5 projects) shall address all six (6) scope elements listed below. The offeror shall describe its relevant organizational experience in performing work similar in scope, size, and complexity to that described in the Performance Work Statement.

Similar scope, size, and complexity are defined as follows: scope – type of work (e.g., work as identified in the

PWS); size – contract duration no less than three (3) years and value no less than $2 million per year; and complexity – an IT portfolio supporting worldwide operations with an annual IT budget of at least $100M for a

DoD headquarters level command or federal headquarters level agency. The offeror’s description of their experience shall include the following elements:

a) Contract Program Management

b) Knowledge Management

c) Portfolio Management

d) Enterprise Architecture

e) Financial Management

f) Funds Execution

The offeror’s responses shall be submitted on the Organizational Experience Data Sheet (Attachment 1). The Data

Sheet for each project shall not exceed three (3) pages in total. The Government will not evaluate or consider any pages in excess of the three (3) page limit.

If the offeror’s relevant experience is through a subcontract, teaming, joint venture arrangement, or other entity, the offeror must be specific as to what tasks were accomplished by the other entity and the nature of the organizational relationship to the offeror. The offeror must provide direct experience in three (3) of the six (6) key scope elements.

3. Volume III – Past Performance.

The past performance evaluation will be accomplished by reviewing aspects of an offeror’s past performance for relevant organizational experience. Offerors shall provide Past Performance information for all projects submitted as relevant projects under the Organizational Experience technical factor.

a. Similar scope, size, and complexity as defined in the Organizational Experience factor is as follows: scope – type of work (e.g., work as identified in the PWS); size – contract duration no less than three (3) years and value no less than $2 million per year; and complexity – an IT portfolio supporting worldwide operations with an annual IT budget of at least $100M for a DoD headquarters level command or federal headquarters level agency. In addition to that the relevant projects shall include the following elements:

a) Contract Program Management

b) Knowledge Management

c) Portfolio Management

d) Enterprise Architecture

e) Financial Management

f) Funds Execution

b. A Past Performance Data Sheet (Attachment 2) shall be submitted for each contract to be considered as past performance. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

d. For each of the contracts the offeror submits for the Organizational Experience factor and describes in a Past Performance Data Sheet (Attachment 2), the offeror is requested to provide a Past Performance

Questionnaire (Attachment 6) to a reference at the organization that awarded the contract. The reference, not the offeror, shall email the completed Past Performance Questionnaire BEFORE THE DUE DATE

FOR PROPOSALS directly to the Contract Specialist, Karoline Duffy, at karoline.e.duffy@navy.mil. Fax submittals will not be considered. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

e. The Government reserves the right to obtain past performance information from sources other than the data provided in the offeror’s proposal. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and

Integrity Information System (FAPIIS), Electronic Subcontract Report System (ESRS), and other databases, late questionnaires, and interviews.

4. Volume IV – Price. Offerors shall complete Section B of the SF-1449 to include CLIN pricing for each CLIN for the base and all option year CLINs. The offers will be evaluated using the total evaluated price as calculated by adding all CLINs.

Each offeror’s price proposal will be evaluated for reasonableness, and to determine whether pricing is materially unbalanced. Materially unbalanced pricing may cause a proposal to be unacceptable if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

For the purpose of the price proposal, all Offerors shall fill in $15,000.00 for the price on the Travel CLIN for the

Base year and for each of the Option years.

(End of provision)

(End of Summary of Changes)