Combined_Synopsis_Solictation_N6247018Q5015.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with FAR Subpart 12.6 using Simplified Acquisition Procedures found in FAR Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil). The solicitation number is N62470-18-Q-5015 and is being issued as a Request for Quote (RFQ). This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-97 and Defense Acquisition Regulations (DFARS) Publication Notice 20171228. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/browsefar/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS code is 541211 and the Small Business Size Standard is $20.5 million in average annual receipts. The proposed contract is 100% set aside for small business concerns. This solicitation will result in an Indefinite Delivery/Indefinite Quantity (ID/IQ), Time-and-Materials type contract, with work ordered by the issuance of delivery orders. The term on the contract will be for one (1) base year, with two (2) one-year option periods.

Naval Facilities Engineering Command (NAVFAC) Atlantic requests responses from qualified sources capable of providing professional services pertaining to Revenue Requirements in support of the Utility Rates and Studies Office in accordance with the Performance Work Statement (Attachment 1). LABOR CATEGORIES TO BE QUOTED FOR THE BASE YEAR

AND OPTION YEARS ONE THROUGH TWO ARE CONTAINED IN ATTACHMENT 2.

The proposed rates are effective for the services ordered for the base year and each option year (if exercised) for the contract. Delivery orders will be negotiated for the services required using the schedule rates in Attachment 2. Other Direct Costs (ODCs) and Travel will be determined and negotiated on a delivery order basis. Overhead, profit, and handling fees are not allowed on ODCs or travel. Travel requirements shall be reimbursed in accordance with Joint Travel Regulations. The total duration of the contract shall not exceed thirty-six (36) months. The guaranteed minimum for the entire contract period (including options, if exercised) will be satisfied with the award of the first delivery order. There is no maximum not-to-exceed quantity per year. MAXIMUM NOT TO EXCEED AMOUNT FOR THE ENTIRE CONTRACT

PERIOD (INCLUDING OPTIONS, IF EXERCISED) FOR LABOR, TRAVEL, AND ODC’S

IS NOT-TO-EXCEED $268,500.

The following FAR and DFARS provisions and clauses are applicable to this procurement:

52.212-3 Offeror Representations and Certifications - Commercial Items and 52.212-3 Alternate I (OCT 2014) - the selected offeror must submit a completed copy of the listed representations and certifications.

FAR Provisions and Clauses Incorporated by Reference:

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.212-4 Contract Terms and Conditions—Commercial Items Alternate 1 JAN 2017 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--Commercial Item Acquisition FEB 2007 52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.242-13 Bankruptcy JUL 1995 52.246-6 Inspection--Time-And-Material and Labor-Hour MAY 2001

DFARS Clauses and Provisions Incorporated by Reference:

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical Information OCT 2016 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors MAY 2016 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors MAY 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support May 2016 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of

A Terrorist Country OCT 2015 252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252-225-7048 Export-Controlled Items June 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

FAR Provisions and Clauses Incorporated in Full Text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – (Jan 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77, 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:

__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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

__X_ (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).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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]

_X_ (14) (i) 52.219-6, Notice of Total Small Business 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 (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) 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)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 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 (Oct 2016) (E.O. 13126).

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

__X _ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

_X _ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_ _ (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 (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

_X_ (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 (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 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 Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (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® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (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 (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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).

___ (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)).

X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 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.

(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.]

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

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (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).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (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).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

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

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiii) 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.)

(xiv) 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)

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xix) 52.225-26, 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).

(xx) 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.

(xxi) 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)

FAR Provisions and Clauses Incorporated By Full Text:

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Time-and-Materials ID/IQ contract resulting from this solicitation.

(End of provision)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $268,500.00;

(2) Any order for a combination of items in excess of $268,500.00; or

(3) A series of orders from the same ordering office within one day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 180 days after expiration of the last performance period.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one day before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least seven days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty-six (36) months.

(End of clause)

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

NAVFAC Atlantic Code ACQ35 6506 Hampton Blvd Norfolk, VA 23508-1278

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

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

DFARS Clauses Incorporated by Full Text

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule.

Such orders may be issued from the effective date of the contract through the contract expiration date (to be determined).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Navy Construction and Facilities Invoice (NAVCON)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Inspection: N00025 Acceptance: N62470

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC N62470 Admin DoDAAC N62470 Inspect By DoDAAC N00025 Ship To Code N/A Ship From Code N/A Mark For Code N/A

Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N62470 DCAA Auditor DoDAAC N/A Other DoDAAC(s) N62470 Accept By N62470

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Gina Kercher, gina.kercher@navy.mil, 757-322-8309

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Gina Kercher, gina.kercher@navy.mil, 757-322-8309

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

ADDENDA to FAR Provision 52.212-1 Instructions to Offerors—Commercial Items (JAN 2017):

(1) The following information concerning prospective contractor responsibility is incorporated:

In accordance with Federal Acquisition Regulation (FAR) Part 9.1, the Contracting Officer shall award contracts only to responsible contractors. No purchase or award will be made unless the Contracting Officer makes an affirmative determination of responsibility.

To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The contracting officer shall require acceptable evidence of the prospective contractor's current sound financial status, as well as the ability to obtain required resources if the need arises. In regard to resources, the contractor must be prepared to present acceptable evidence of subcontracts, commitments or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, services, materials, other resources, or personnel. Consideration of a prime contractor's compliance with limitations on subcontracting shall be taken into account for the time period covered by the contract base period or quantities, plus option periods or quantities, if such options are considered when evaluating offers for award.

Pursuant to FAR 9.104-4, the Contracting Officer reserves the right to request adequate evidence of responsibility on the part of any prospective subcontractor(s).

In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility.

As a minimum requirement, all contractors are requested to submit, as part of the original proposal, the following:

(1) Company's Financial Statement which includes Balance Sheet and Income Statement;

and

(2) Point of Contact from their Bank or any financial institution with which they transact business

The Contracting officer reserves the right to request additional information if needed.

INSTRUCTIONS FOR SUBMITTAL OF QUOTES—COMMERCIAL ITEMS

Interested contractors may submit the quotation to the Navy in any of the following ways:

(a) By e-mail to amber.forehand@navy.mil (preferred) or

(b) By mail or commercial courier (i.e. FEDEX or UPS) to the following address:

Commander Naval Facilities Engineering Command Atlantic Attn: Amber Forehand-Hughes, ACQ35 6506 Hampton Boulevard Norfolk, VA 23508-1278

QUOTES MUST BE SUBMITTED BY 2:00 P.M. EDT, 16 April 2018.

The quotation shall consist of three parts: (1) a written technical submission, (2) price, and (3) past performance.

PART I. Written Technical Submission: Each contractor shall provide one (1) original and three (3) copies in hard copy or an electronic version of the following:

A written narrative demonstrating the capability of the company and/or its subcontractors to meet the requirements listed in the scope of work. The written technical submission consists of three factors, Factor 1: Corporate Experience, Factor 2: Professional Experience and Education Qualifications, and Factor 3: Organizational Capability and Personnel Staffing. This submission is limited to a total of thirty-five (35) pages, single-sided, twelve (12) point font, and one inch borders on all sides. RESUMES are required for the Expert Witnesses and are excluded from the 35 page count and may be provided under Factor 2, Professional Experience and Educational Qualifications.

Factor 1: Corporate Experience: The Contractor shall describe its relevant corporate experience providing testimony as they relate to Revenue Requirements issues pertaining to utility regulatory proceedings, which are similar in scope, magnitude, and complexity to work in the Performance Work Statement. In describing its relevant corporate experience, the contractor shall provide the following:

i. Witness Testimony Experience: For each proposed witness, provide a separate list that identifies all utility rate cases in which the proposed personnel presented testimony AND was cross-examined before utility regulatory commissions during the past five (5) years of the date of issuance of this RFQ. The list shall identify the regulatory agency, the case number, and a brief synopsis of the positions taken on main issues of the case, as documented in the testimony. The Government reserves the right to request copies of any referenced testimony, which must be provided within forty-eight (48) hours of the Government’s request. In the event any testimony is unavailable, it should be so noted with a brief explanation for its non-availability. PAGE LIMITATION FOR THIS

ITEM: TEN (10) ONE-SIDED PAGES.

ii. State Utility Commission Experience: For each proposed witness, provide a separate list that identifies State Utility Commission utility rate cases in which the proposed personnel presented testimony AND was cross-examined before utility regulatory commissions during the past five (5) years of the date of issuance of this RFQ.

Collective cases of a firm are NOT an acceptable substitute. The list shall be completed for each individual witness separately. The list shall be in chronological order and show the names of the utility, the regulatory agency, the docket number, the date (month & year) of actual presentation on the witness stand, the part on behalf of whom the testimony was presented, and the main issue(s) covered in the testimony. For each proposed witness, the contractor shall submit one copy of the testimony and exhibits of the LAST rate case in which a decision was rendered as well as a complete copy of the order of the cognizant regulatory body. PAGE LIMITATION OF TEN (10) ONE-

SIDED PAGES APPLIES TO PROPOSED WITNESSES & LIST OF STATE

UTILITY COMMISSION UTILITY RATE CASES. IT IS UNDERSTOOD THAT

PAGE LIMITATIONS CANNOT BE SET UP FRONT ON THE REMAINING

DOCUMENTATION; HOWEVER, CONTRACTORS ARE ASKED TO SUBMIT

THIS DOCUMENTATION IN AS CONDENSED A FASHION AS

PRACTICABLE.

Factor 2: Professional Experience and Educational Qualifications: The professional and educational requirements listed here shall be submitted separately for each individual being proposed as a witness. The data shall show the name, title, the degree earned, the discipline and major area of concentration, the year the degree was received, and the awarding institution. The submission shall also include each individual’s work experience during the last ten (10) years including the name of the employer, the dates (month & year) at which employment began and ended, and a brief description synopsizing the individual’s responsibility with that employer. This document shall also include a list which identifies the medium, the dates, and titles of articles or other publications relevant to the subject of public utility regulation authored by the individual. The Government reserves the right to verify information provided relative to the qualifications of any proposed witness. PAGE

LIMITATION FOR THIS ITEM: TWO (2) ONE-SIDED PAGES PER PROPOSED

WITNESS, INCLUDING THE LIST OF ARTICLES/PUBLICATIONS. THERE IS

NO LIMIT TO THE NUMBER OF PROPOSED WITNESSES.

Factor 3: Organizational Capability: The quote shall include a detailed management plan which fully describes how the proposed contract will be managed. Describe management approach for successfully completing a project and compare with projects of similar complexity which have been successfully completed by the contractor. Demonstrate the line of responsibility and communication for accomplishing and reviewing work within the contractor’s organization and with any subcontractors. Demonstrate the availability and adequacy of facilities, equipment and personnel resources. Specifically identify all staff, clerical, and/or other technical support including facilities and specialized hardware, software, databases, and software licenses, which will be used in the performance of the tasks. Identify all software to be used, in handling an assigned rate case indicating the specific use of such software and whether it was developed in-house or commercially.

Identify all trade/professional publications or other sources of information used in developing cases and indicate whether or not the contractor subscribes to such sources. PAGE

LIMITATION FOR THIS ITEM: FIFTEEN (15) ONE-SIDED PAGES FOR ENTIRE

FACTOR.

Part II

Factor 4: Past Performance Evaluation

(i) Solicitation Submittal Requirements: Submit a maximum of five (5) past performance evaluations (CPARS if available or PPQs if CPARS is not available) for prior work within the past five (5) years involving providing testimony in the area of Revenue Requirements for utilities pertaining to regulatory proceedings that is similar in scope, magnitude, and complexity to work in the Performance Work Statement. 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) included in the solicitation (Attachment PPQ-0) is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for past performance. 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 (Attachment PPQ-0), 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, Amber Forehand-Hughes, via email at amber.forehand@navy.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.

For purposes of this factor, a relevant project is further defined as prior work within the past five (5) years of the date of issuance of this RFQ involving the provision of testimony in the area of Revenue Requirements for utilities pertaining to utility regulatory proceedings that is similar in scope, magnitude, and complexity to work in the Performance Work Statement.

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.

Part III. Price:

Contractor shall submit a completed Price Schedule (Attachment 2), executed Representations and Certifications, and if applicable, executed copies of all Amendments.

Price quotes shall be held firm for sixty (60) days after the closing of the combined synopsis/solicitation.

Quotations will be evaluated as follows:

Note: The Contracting Officer reserves the right to exclude contractors whose technical submittals have been determined to be unacceptable from further evaluation of price and past performance.

Part I—TECHNICAL SUBMITTAL

Factor 1: Corporate Experience: The Government will evaluate the technical submittal to rate the contractor’s corporate experience in regards to the following:

(a) Variety of issues with which the Contractor has experience.

(b) Number of issues with which the Contractor has experience.

(c) State public utility commission regulations and procedures on a national level, pertaining to Revenue Requirements with emphasis on:

(i) Number of qualified expert witnesses proposed.

(ii) Experience testifying in the state regulatory jurisdictions that Navy has been active in over the past three years since issuance of this RFQ.

Factor 2: Professional and Educational Qualifications: The Government will evaluate the technical submittal to rate the professional and educational qualifications of individual expert witnesses in relation to:

(a) Experience pertaining to Revenue Requirements in the relevant utility industry.

(b) Experience presenting testimony in utility cases.

(c) Demonstrated knowledge of state public utility commission regulations and procedures on a national level.

(d) Advanced education relevant to accounting and/or continuing education credits related to Regulatory accounting, Generally Accepted Accounting Principles, Auditing Standards, Financial Accounting Standards, American Institute of Certified Public Accountants pronouncements, and Internal Revenue Service Regulations.

Factor 3: Organizational Capability: The Government will evaluate the technical submittal to rate the contractor’s organizational capability in regards to the following:

(a) Feasibility of the management approach;

(b) Organizational structure, adequacy and appropriateness of personnel;

(c) Technology:

(i) Adequacy of hardware and software

(ii) Adequacy of reference library

Part II

Factor 4: Past Performance Evaluation:

There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information). Past performance relevancy will be rated as either “relevant” or “not relevant.”

Table . Past Performance Relevant/Not Relevant Rating Method

Adjectival Rating Definition Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Past Performance will be assigned a confidence assessment rating on an “acceptable” or “unacceptable” basis using the rating descriptions in the following table:

Table 5. Past Performance Acceptable/Unacceptable Rating Method Adjectival Rating Definition 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 does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

BASIS OF EVALUATION: The Government may review past performance in other sources (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) to determine the degree to which past performance reflects 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.);

- Recency of tasks performed that are identical to, similar to, or related to the task at hand; and

- A respect for stewardship of Government funds.

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 for whom information on past performance is so sparse that no meaningful past performance rating can be reasonable 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 (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Part III. Price:

The contractor’s proposed price will be evaluated on the basis of price reasonableness in accordance with FAR Subpart 13.106-3.

Contractors responding to this solicitation are advised that, prior to award, the Government may request contractors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar services, sales history for the same or similar services, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

BASIS OF AWARD

The Government intends to evaluate quotes and award an ID/IQ contract using the simplified acquisition procedures of FAR Subpart 13.1. The Government shall select the Contractor whose quote is most advantageous to the Government, considering price and other criteria (technical submission and past performance). A best-value decision shall be based on a comparative assessment of proposals against all source selection criteria in the solicitation. The Government reserves the right to award to other than the lowest priced Contractor. The Government also reserves the right to not award a contract if a contract award is not in the best interest of the Government.

ADDITIONAL INFORMATION: To be considered for this award, offerors must be registered in the System for Award Management (SAM) database at www.sam.gov, under the applicable NAICS, and Wide Area Work Flow (WAWF) database at http://wawf.eb.mil, prior to award.

Lack of registration will make an offeror ineligible for award. This notice does not obligate the Government to award the contract; it does not restrict the Government's ultimate approach; nor does it obligate the Government to pay for any quote/proposal preparation costs.