N4019220R7091 Amendment 0001.pdf
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of this amendment is to revise proposal submission requirements and revise provision and clause information.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 15
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 12-Aug-2020
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 N4019220R7091
X 9B. DATED (SEE ITEM 11)
05-Aug-2020
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
12-Aug-2020
CODE
36TH CONTRACTING SQUADRON
LGCB
UNIT 14040, BLDG. 22026
APO AP 96543
N40192 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N4019220R7091
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION B - SUPPLIES OR SERVICES AND PRICES
CLIN 0001
The CLIN extended description has changed from:
RECURRING ELIN A001-A013.
To:
RECURRING ELINS A001-A013.
CLIN 0002
IDIQ NON-RECURRING ELIN A700-A701.
IDIQ NON-RECURRING ELINS A700-A701.
CLIN 0003
RECURRING ELIN B001-B013.
RECURRING ELINS B001-B013.
CLIN 0004
IDIQ NON-RECURRING ELIN B700-B701
IDIQ NON-RECURRING ELINS B700-B701
CLIN 0005
RECURRING ELIN C001-C013
RECURRING ELINS C001-C013
CLIN 0006
IDIQ NON-RECURRING ELIN C700-C701
IDIQ NON-RECURRING ELINS C700-C701
SECTION I - CONTRACT CLAUSES
The following have been added by full text:
52.204-24 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(a), insert the following provision:
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(d) Representations. The Offeror represents that—
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(b), insert the following clause:
PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph
(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
The following have been modified:
INSTRUCTIONS, CONDITIONS
ADDENDUM TO FAR 52.212-1
PROPOSAL FORMAT
The technical proposal and the price/cost proposal shall be submitted in separate volumes. The technical proposal shall not contain any cost/pricing information, except for salary information provided on resumes. The technical proposal presented by the offeror to whom the award is made will be incorporated into the contract at time of award.
Volume I – Price Proposal Volume II – Technical Proposal
The offeror shall submit the following information: In addition to a complete electronic copy on CD as stated above, the offer shall submit hard copies as follows:
(1) 3 completed signed solicitation packages, including executed representations and certifications, and cost/prices in Section B and any accompanying exhibits.
(2) 3 copies of the technical proposal.
(3) 3 copies of the cost/price proposal.
Volume I – Price Proposal
1. The following information is required to be submitted with your offer;
(i) Submit signed proposal electronic and hard copy on CD compatible with Windows 10.
(ii) Complete Schedule B and accompanying exhibits from Section J of the solicitation with all CLIN and ELIN unit pricing and amounts completed that will become the prices effective at contract award.
(iii) Name title, e-mail address, phone, and facsimile number of the person or persons authorized to negotiate and bind your firm and/or address proposal clarifications;
(iv) Representations, Certifications and Other Statements of Offerors (Section K of the solicitation) with all representations and certifications executed.
(v) Evidence of financial capability for the previous three fiscal years, certified by an independent accounting firm, if practicable, or at least by an authorized officer of the organization. In addition, submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract.
(vi) Joint Venture agreements, if applicable, a copy of their joint venture shall be submitted with this solicitation
2. Price Information Rating Criteria. Each price/cost proposal shall contain a breakdown of direct labor costs; direct material cost (identifying the quantity, type and unit price); subcontracting costs; overhead costs; general and administrative costs; and profit. Proposal shall include price and amounts of Section B and Attachment J-0200000- 09 (CLIN and ELIN) of the solicitation.
Volume II – Submit electronic and hard copy on CD compatible with Windows 10 and Microsoft Office software
Offers are solicited on an “all or none” basis. Failure to submit offers for all line items/Elins listed shall be cause for rejection of the offer.
(End of clause)
Notes:
1. Proposal shall be provided as an electronic file on CD compatible with Windows 10 and Microsoft Office software.
2. Offerors shall limit their proposal to no more than 10 pages per factor. Pages that exceed 10 per factor shall not be considered. Pages are defined as one sided.
3. The proposal shall be clear, concise and include sufficient detail for effective evaluation. Responses to this solicitation shall strictly adhere to the requirements set forth in the solicitation. Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such proposals from consideration for award.
4. Offeror should note that unnecessarily elaborate presentation beyond those sufficient to present a complete and effective response to the solicitation are not desired. Elaborate art work, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor wanted.
5. In each proposal, it shall reflect Offeror's name, address, and telephone number CAGE code and DUNS number; the full address, phone, and facsimile numbers of the Offeror; points of contact (POCs) authorized to negotiate with the Government on the Offeror's behalf; the solicitation number; a statement confirming the Offeror is willing to hold its prices firm for at least 90 days from the date specified for receipt of offers.
Proposals shall be submitted no later than 1500 hours, 25 August 2020. All offers received after the time and date shall not be considered for award.
Proposals shall be submitted to the following address:
1) If sent by regular mail/private courier:
Naval Facilities Engineering Command 36th Contracting Squadron / Flight LGCB Attn: Tanya Santos Unit 14040, Bldg. 22026
APO AP 96543-4040
2) If hand carried or private courier:
Naval Facilities Engineering command Marianas Facilities 36th Contracting Squadron / Flight LGCB Attn: Tanya Santos Building 22026 Andersen Air Force Base Guam Yigo,GU 96929
NOTE: If hand carrying or express mailing proposals, the offeror is advised that the address is on a secured base and passes are required to gain access. Anticipate delays in base access. No escort service or pick up of proposals from the main gate will be provided.
TECHNICAL PROPOSAL (Volume II). Each technical proposal shall be precise, detailed, and complete as to clearly and fully demonstrate a thorough knowledge and understanding of the requirements. As a minimum, the proposal must contain sufficient detail so that it may be evaluated in accordance with the EVALUATION FACTORS provision, Section M.
Each factor and sub factor will be rated either acceptable or unacceptable. A rating of unacceptable for any factor or sub factor will result in an overall unacceptable rating. If an offeror fails to meet the minimum requirements outlined in one of the four (4) subfactors below, the subfactor, and overall proposal will be rated “unacceptable” and will not be eligible for award.
(1) Technical Approach.
(i) Solicitation Submittal Requirements:
a. The Offeror shall submit a narrative describing its technical approach which clearly demonstrates its understanding of and approach to accomplishing the complexity and magnitude of service requirements set forth in the performance objectives and standards of the Performance Work Statement.
b. Offerors shall describe the staff, skills, techniques, equipment, supplies and other resources proposed to accomplish the objectives and standards detailed in the Performance Work Statement.
c. Offerors shall submit with their offer a copy of at least one Master Electrician licensed by the Government of Guam Contractors licensed board.
(2) Corporate Experience.
The offeror shall submit evidence of a minimum two (2)years of experience within the last five (5) years in providing electrical services for the types of equipment listed in the PWS. The offer shall provide a narrative that discusses this experience and provide a list of relevant past projects completed within the past five (5) years. The experience of a subcontractor cannot be substituted for the prime contractor’s experience. The offeror shall provide evidence of prior experience in the following format:
- Contract number for the Government/Commercial Performance
- The title of the contract/project
- Award date
- A brief description of work completed
- Length of contract/project (year/month/date – year/month/date)
- Value of contract/project
- Complete name, phone number, and E-mail address of point of contact (POC) at
Client Organization (Company) or Requiring Activity (RA)
Offeror shall submit a minimum of two (2) and a maximum of five (5) relevant projects that are similar in terms of size, scope, and complexity to the requirements in the solicitation. ALL
PROJECTS SUBMITTED MUST CORRESPOND TO THE SAME PROJECTS LISTED IN
FACTOR 4, PAST PERFORMANCE.
(a) The Government will only review five (5) projects. Projects submitted in excess of the maximum of five (5) will not be considered.
(b) Projects submitted beyond the five (5) year period, measured from the date proposals are due, will not be considered.
(c) Offerors may include the experience of a subcontractor or teaming partner that will perform major or critical aspects of the work. If the experience of a subcontractor or teaming partner is proposed, submit evidence of a binding teaming agreement or other contractual agreement which provides a legal responsibility of the subcontractor or teaming partner. Such agreement must also include an explanation of the meaningful involvement that the subcontractor or teaming partner will have in the performance of the contract.
(3) Safety
(i) Solicitation Submittal Requirements: The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal, requirements are required for each contractor who is part of the partnership or joint venture; however, only one safety narrative is required. EMR and DART Rates shall not be submitted for subcontractors.)
(a) Experience Modification Rate (EMR): Include three previous complete calendar years’ worth of data (Jan
– Dec, 2017-2019). This rate compares company’s annual losses in insurance claims against its policy premiums. The offeror may submit an insurance company-provided equivalent rate if no EMR exists. If the offeror has no EMR or premium, for any year, affirmatively state so and explain why. Any extenuating circumstances that affect the EMR and negative trends should be addressed as part of the factor submission.
(b) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate and
Total Recordable Case (TRC) Rate: Submit three previous complete calendar years’ worth of data (Jan – Dec, 2017-2019). If an offeror cannot submit an OSHA DART and TRC rates, for any year, affirmatively state so and an explanation must be provided. Any extenuating circumstances that affected the OSHA, DART, and TRC rate data negatively must be addressed as part of this factor submission.
(c) Technical Approach for Safety: Describe the plan for safety that will be implemented to evaluate safety performance of potential subcontractors as part of the selection process for all levels of subcontractors. The offeror shall submit a narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self- performed and subcontractor performed work.
The offeror will describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and/or all subcontractor levels.
Additionally, the contactor will describe their methodology to execute an effective program that facilitates sound mishap prevention techniques and processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps.
(ii) Basis of Evaluation: The evaluation will collectively consider the following:
- Experience Modification Rate (EMR)
- OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) and Total
Recordable Case (TRC)Rates
- Offeror Technical Approach to Safety
- Other sources of information available to the Government
(1) Experience Modification Rate (EMR): For the three previous complete calendar years the offeror will submit EMR. If no EMR exists, the offeror may submit an insurance company-provided equivalent rate explaining why not. If an insurance company provided equivalent rate is provided, it will be treated the same as an EMR.
Any extenuating circumstances that affected the EMR and negative trends should be addressed as part of this selection factor. The R to determine if the Offeror has demonstrated a history of safe work practices taking into account any negative trends and extenuating circumstances that impact the rating.
(2) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) and Total Recordable Case(TRC) Rates: For the three previous complete calendar years, the offeror will submit their OSHA DART and TRC, as defined by the U.S.
Department of Labor, Occupational Safety and Health Administration. If unable to submit OSHA DART and TRC rates, affirmatively state so, and an explanation must be provided. Any extenuating circumstances that affected the OSHA DART and TRC rate data and negative trends should be addressed as part of this element. The board will evaluate the OSHA DART and TRC rates to determine if the Offeror has demonstrated a history of safe work practices taking into account any upward trends and extenuating circumstances that impact rates.
(3) Technical Approach to Safety: The offeror will describe their plan to evaluate their safety performance and that of potential subcontractors. Also, describe any innovative methods that the Offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The board will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The board will evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement and validate the contractor has addressed methodology to be used in the execution of an effective program that facilitates sound mishap prevention techniques/processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps. Those Offerors whose plan demonstrates a commitment to hire subcontractors with a culture of safety and who propose innovative methods to enhance a safe working environment may be given greater weight in the evaluation.
(4) Other Sources of Information Available to the Government: Other sources for safety may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS) in Enterprise Safety Applications Management System (ESAMS),Contractor Performance Assessment Reporting System (CPARS) and other related databases.
(4)Past Performance
(i) Solicitation Submittal Requirements: IF A COMPLETED CPARS EVALUATION
IS AVAILABLE, IT SHALL BE SUBMITTED WITH THE PROPOSAL. IF
THERE IS NOT A COMPLETED CPARS EVALUATION, the Past Performance Questionnaire (PPQ) will be provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal. AN OFFEROR
SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS
AVAILABLE.
IF A CPARS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s).
Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Tanya Santos, via email at tanya-marie.santos@us.af.mil prior to proposal closing date.
Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.
Also include performance recognition documents received within the last five (5) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.
In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.”
A copy of the blank Past Performance Questionnaire to be used for requesting client references is included as Attachment C.
PROJECTS SUBMITTED MUST CORRESPOND TO THE SAME PROJECTS LISTED IN
FACTOR 2, CORPORATE EXPERIENCE.
(ii) Basis of Evaluation: The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:
- A pattern of successful completion of tasks;
- A pattern of deliverables that are timely and of good quality;
- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and
- Recency of tasks performed that are identical to, similar to, or related to the task at hand”
- A respect for stewardship of Government funds
Each project submitted must be for work performed within the past five (5) years, as measured from the date proposals are due. The base and each exercised option period for a multi-year contract constitutes an individual project.
An offeror will be considered “Acceptable” for this factor based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required efforts, or the offeror’s performance record is unknown. An offeror will be considered “Unacceptable” for this factor based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required efforts.
PRICE/COST PROPOSAL (Volume I). Each price/cost proposal shall contain a breakdown of direct labor costs; direct material cost (identifying the quantity, type and unit price);
subcontracting costs; overhead costs; general and administrative costs; and profit. Proposal shall include price and amounts of Section B and Attachment J-0200000-09 (CLIN and ELIN) of the solicitation.
(End of Clause)
SECTION M - EVALUATION FACTORS FOR AWARD
The following have been modified:
EVALUATION FACTORS
FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) - ADDENDUM
(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:
Award will be made to the responsible Offeror submitting the Best Value Lowest Priced, Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.
The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:
Acceptable Proposal clearly meets the minimum requirements of the solicitation
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation
The following ratings will be used in evaluating Past Performance:
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
Note: In the case of an Offeror without a record of 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”.
Price will not be rated. Award shall be made to the lowest priced technical accepted offer that submits a complete offer in response to the solicitation. Those offers that submit an incomplete offer shall be considered non-responsive and will no longer be considered for award. The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.
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.
(End of Summary of Changes)
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