N62645-18-R-0076_0004.docx

N6264518R0076

AMENDMENT 0004

The purpose of this amendment is to answer questions #28 and #29 from offerors, revise answers to questions #8 and #14, add a note at the end of the questions and make associated revisions to the combined synopsis/solicitation. Questions and Answers are provided at the beginning of the synopsis/solicitation. The Wage Determination has been revised. Additionally, Attachment 72 – Wage Determination CBA-2018-11842 has been changed to Reserved. Paragraph 2.3.2.7 has been added to Addendum to 52.212-1 of the solicitation. Paragraph 2.3.3. of Addendum to 52.212.-1 of the solicitation has been revised.

The closing date and time of the solicitation has been revised (See Paragraph 2.1.2. of Addendum to 52.212.1 of the solicitation).

AMENDMENT 0003

The purpose of this amendment is to revise the closing date and time of the solicitation (See Paragraph 2.1.2. of Addendum to 52.212-1 of the solicitation). An amendment to provide an answer to question #8 will be issued in the near future.

AMENDMENT 0002

The purpose of this amendment is to answer questions from offerors and make associated revisions to the combined synopsis/solicitation. Questions and Answers are provided at the beginning of the synopsis/solicitation. Special Contract Requirements Note 2, Addendum to 52.212-1, Addendum to 52.212-2, Attachment 1 – PWS and Attachment 3 – Pricing Workbook for Solicitation N6264518R0076 have been revised. Additionally, FAR 52.219-9 (Deviation 2018-O00013) is added; FAR 52.204-23 is added; and Attachments 71 – 75 have been added.

The closing date and time of the solicitation remain unchanged. (See Paragraph 2.1.2. of Addendum to 52.212-1 of the solicitation).

AMENDMENT 0001

The purpose of this amendment is to revise the closing date and time of the solicitation (See Paragraph 2.1.2. of Addendum to 52.212-1 of the solicitation). An amendment to provide answers to questions will be forthcoming in the near future.

COMBINED SYNOPSIS SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR 16.504 Indefinite-Quantity Contracts, as supplemented with additional information included in this notice, and FAR 15, Contracting by Negotiation. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. It is the contractor’s responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR and DFARS clauses may be accessed in full text at http://farsite.hill.af.mil/

The NAICS code is 493110 with a business size standard of $27.5 million.

This Request for Proposal (RFP) is on behalf of the Naval Medical Logistics Command (NMLC). This requirement is for general warehousing services; maintaining and repairing/overhauling containers, outfitted shelters, biomedical, and Civil Engineering Equipment (CEE); and producing Deployable Medical Systems (DEPMEDS) in support of the Navy Expeditionary Medical Support Command (NEMSCOM), Cheatham Annex (CAX), Williamsburg, Virginia.

The solicitation number is N62645-18-R-0076.

The solicitation will result in one firm fixed priced, indefinite delivery/indefinite quantity (IDIQ) contract with a five year ordering period from 01 October 2019 – 30 September 2024. This requirement will be solicited under full and open competition.

The scope of the requirement is listed in the Performance Work Statement (Attachment 1).

The closing date of the solicitation can be found in ADDENDUM TO 52.212-1-- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.

QUESTIONS AND ANSWERS

1. Volume IV is a combination of a Small Business Subcontracting Plan and Small Business Participation Plan. The SB Subcontracting Plan must contain all 15 elements set forth in FAR 52.219-9. Limiting Volume IV to 5 pages will not allow enough space to provide the FAR 52.219-9-compliant Small Business Subcontracting Plan. We recommend no page limitation for Volume IV.

RESPONSE: Paragraph 2.5.1. of Addendum to 52.212-1 of the solicitation has been revised to increase the page limit for Volume IV to 20 pages.

2. The SB Subcontracting and Participation Plan is to be submitted in accordance with FAR clause 52.219-9. Section (d)(1) of that FAR clause states “The offeror’s subcontracting plan shall include Goals, expressed in terms of percentages of “total planned subcontracting dollars.” Due to nature of the Material/ Services outlined in the RFP please change “total acquisition value” to “total planned subcontracting dollars.”

RESPONSE: FAR 52.219 (d)(1) states, “For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars.”

3. PWS Section 3.2.2.14.3. states “The Contractor shall complete annual preventative maintenance for CESE items within five (5) business days from the work order start date.” As scheduled work orders will populate on the 1st of the month and given the sizeable quantity of CESE items, it is likely that the volume of CESE work order cannot be accomplished within the required 5 days by the Government suggested staffing level of 3 Automotive Mechanic positions. For consistency, recommend the Government change the time period for completion of CESE work orders to 30 days. As the Government’s similar requirement for completion of Biomedical equipment work orders is 30 days RESPONSE: The Government concurs with the recommendation to change the time period to 30 days. Paragraph 3.2.2.14.3. of the solicitation has been revised.

4. PWS 6.1 states “All training and certification costs shall be the responsibility of the Contractor.” In order to develop a cost estimate for training, request the Government provide a list of representative equipment that may require contractor provided training throughout the contract.

RESPONSE: Lists of representative equipment (Biomedical, CESE, CEEI, Containers/Shelters) can be found in Attachments 16 through 19 of the solicitation. Please note that equipment is subject to change over the course of the contract period. Attachments 11 through 15 of the solicitation also provide lists of material and equipment so that the Contractor can see the size and scope of equipment requirements based on current DEPMEDS configurations. Attachment 10 of the solicitation provides a listing of representative Test, Measurement and Diagnostic equipment as known today. These requirements are subject to change based on potential changes to equipment.

5. Given that the site visit was conducted Tuesday, 18 September, with questions due back to the KO on Monday, 24 September, and proposals submitted by 2 October, would the government consider extending the proposal submission due date to a later date in October to allow sufficient time to evaluate and incorporate the government’s Answers into our proposal?

RESPONSE: The closing date and time of the solicitation has been extended. See paragraph 2.1.2. of Addendum to 52.212-1 Instructions to Offerors - Commercial Items of the solicitation.

6. Reference Combined Synopsis Solicitation, paragraph 2, Note 2 and paragraph 11.6 PWS, appear to conflict each other. Would the government please provide an explanation regarding paragraph 2, Note 2 in the in the Combined Synopsis as it relates to restricting the incumbent employees from giving their resumes to more than one company? Also, would the government explain why we would be restricted from having a non-compete clause in our personnel contracts but yet, are not permitted to contact incumbent employees to determine whether they would consider giving their resumes to a competing company.

RESPONSE: Note 2 in Special Contract Requirements of solicitation N62645-18-R-0076 is meant to reference corporate personnel. Note 2 has been revised so it is not in conflict with paragraph 11.6. of the PWS. Offerors may contact incumbent employees.

7. Would the Contracting Officer consider changing the contract recency for past performance from 3 years to 5 years? While the company can include its assemblage services in its corporate experience, we would also like to reference our assemblage work as a past performance so the government can contact our customers at USAMMA as to how we performed.

RESPONSE: Recency has been changed from three years to five years. Paragraph 2.2.1 of Addendum to 52.212-1 Instructions to Offerors – Commercial Items of the solicitation and Paragraph 6.4.1.1. of Addendum to 52.212-1 Evaluation – Commercial Items of the solicitation have been revised.

8. Will the government provide the contractor with a copy of the Collective Bargaining Agreement?

INITIAL RESPONSE: A response is forth coming in a future amendment.

REVISED RESPONSE: The incumbent contractor and the Union are currently operating under an unsigned CBA. The unsigned CBA has no binding impact under the solicitation and will not be provided.

9. Reference paragraph 2.4 of the PWS, will the government provide the Contractor with a list of Personal Property items needed for the Contractor to perform services on the contract?

RESPONSE: A representative example of Test, Measurement and Diagnostic equipment along with other personal property can be found in Attachment 10 of the solicitation. Please note that this is subject to change based upon increased requirements in the PWS from the current Contract. Once awarded the contractor can request additional equipment for use onsite as property turned over to them for daily use and if approved the Government will procure the material. The Government does not procure or provide equipment or material for the contractor or any sub-contractor to utilize at offsite facilities (i.e. the Government does not purchase or provide paint booths, paint equipment for offsite facilities for painting containers/shelters, etc.).

10. Reference paragraph 3.1.4.1.8 of the PWS, beginning on line 5 of the paragraph, would the government explain the following sentence: “Hazardous material received shall be segregated in special hazardous materials pending delivery to customers or storage.”?

RESPONSE: Paragraph 3.1.4.1.8. of the PWS has been revised.

11. Reference paragraph 3.1.4.1.10, will there be any controlled substances stored in the vault for more than 24 hours?

RESPONSE: While the Government does try to limit controlled substances, there is every possibility that narcotics will be stored within the vault for more than 24 hours.

12. Reference paragraph 3.1.6.7, would the government provide the contractor with a list of material in the DMLSS-IM that has to be moved to the DMLSS-AM?

RESPONSE: The Government has provided a copy of the current list of line items and quantities within the DMLSS-IM Module as of 25 September 2018 (See Attachment 73 of the solicitation). Please note that the Government has tasked the current contractor with the movement of IM Module material to the DMLSS-AM Module. The incoming Contractor will have to work with the Government to identify any remaining DMLSS-IM Module material at that time.

13. Reference 3.1.12.6, Storage of HAZMAT Material, is the government already storing HAZMAT Material off site, and if so, where?

RESPONSE: The Government currently stores industrial hazmat material for the DEPMEDS platforms in a Hazmat Storage Facility located at the Fleet Logistics Center, 1968 Gilbert Street, Suite 600, Norfolk, VA 23511-3392.

14. If the contractor is allowed to use the Department of Labor Wage Grade Determinations for the Norfolk area in lieu of the CBA that is currently in place, will the government identify to the contactor which positions they consider to be SCA positions and which Job Codes they correlate to?

INITIAL RESPONSE: The wage determinations in the solicitation have been updated to account for the CBA in place. The offeror must refer to the CBA and/or contact the Department of Labor if further assistance is needed determining SCA positions and applicable job codes.

REVISED RESPONSE: The incumbent contractor and the Union are currently operating under an unsigned CBA; however, the unsigned CBA has no binding impact under the solicitation. The Wage Determination in the solicitation has been updated and Attachment 72 – Wage Determination CBA-2018-11842 has been changed to Reserved. The offeror must contact the Department of Labor if further assistance is needed determining SCA positions and applicable job codes.

15. Reviewing paragraphs 3.2.2.2, 3.2.2.3, and 3.2.2.14.3, Biomeds and CESE Techs start maintenance at the beginning of the month. Biomeds have 30 days to complete scheduled and unscheduled maintenance. CESE techs have only 5 days to perform PM on 70-100 pieces of equipment. Would the government consider revising the CESE standard to allow sufficient time for a more thorough PM?

RESPONSE: See response to Question 3.

16. Reference paragraph 6.1 of the PWS states “The Contractor shall ensure that all personnel are properly trained and qualified to perform assigned tasks as outlined under this PWS. An ongoing training program shall be implemented by the Contractor to ensure that all Contractor employees are qualified to perform all tasks, including safety procedures specified in the PWS. As changes in Government’s operations occur and new methods and procedures are implemented, the Contractor shall be responsible for obtaining and maintaining training and certification for their staff to continue to meet services required under this contract. The Contractor shall be responsible for all subsequent training resulting from change(s) in personnel or refresher training of personnel as required ensuring that all guidelines under specified operations are adhered to. The Contractor shall provide individual training/certification documents to the COR for retention. All training and certification costs shall be the responsibility of the Contractor.” This is of significant concern for medical equipment training required for Biomedical maintenance personnel. What specific types of equipment, by types, is the government expected to replace sot that we can project an adequate training budget? Its important to note that a defibrillator by Dragger is different from a defibrillator manufactured by Phillips, as well as other models, and would require two different schools to become certified. The estimated cost to attend just one of these schools is approximately $5K.

RESPONSE: Attachments 10 through 19 of the solicitation provide a number of details concerning the various types of equipment that is known by the Government. It is important to note that the Government cannot predict the potential number or types of equipment that will become obsolete or required phased replacement over the course of a potential 5 year contract. The Government has provided an attachment of current representative equipment with most recent manufacturer purchased from to assist in this effort (See Attachment 74 of the solicitation). Additionally, the Government has provided a report detailing the age and current maintenance assessment of equipment within the program (See Attachment 75 of the solicitation). The report details each specific piece of equipment, its acquisition date, manufacturer, its life expectancy, and a column showing the number of years over or under the life expectancy. Negative numbers in the “Over/Under Life Expectancy” column indicate the number of years over the life expectancy and positive number indicate the number of years under the life expectancy that particular piece of equipment has. Based on this provided information it can be seen that out of 7,274 pieces of equipment that 4,153 pieces are over the current life expectancy equating to 57% of the overall equipment. Furthermore, 1,157 pieces (16%) of equipment have been assessed by the current Contractor within the system as being in a poor or unserviceable condition.

17. Reference Paragraph 6.2.3, will the government be providing the required training for the Transportation personnel?

RESPONSE: If courses are required that are only provided by the Government for training in transportation duties, then the training will be made available (unless restricted to Government employees only) to the Contractor. However, any costs associated with the training (course, travel, lodging, etc.) will be the responsibility of the Contractor to pay.

18. Does the government provide the Protective Clothing and Equipment for HAZMAT?

RESPONSE: If protective clothing and equipment is required for Hazmat storage onsite (Cheatham Annex) for HAZMAT management and storage, then the Government will provide upon request by the Contractor as material and equipment provided for daily use. If Hazmat is stored at or required to be transported to an offsite facility managed by the Contractor or a subcontractor the responsibility for the protective clothing/equipment will be that of the Contractor and/or subcontractor.

19. In different paragraphs within the PWS, there are personnel requirements for certifications, however, there are no specific positions that specifically call out what certifications are required/acceptable to the government. Which positions are the government requiring certifications for, and what certifications are required as a minimum?

RESPONSE: There are many paragraphs of the contract that speak to the requirements for certifications. For example, in the biomedical maintenance section paragraph 3.2.2.1 details that biomedical staff shall provide certifications/training documents to the COR and input them into the DMLSS system. Another example found in paragraph 3.2.2.11.8 details how the Contractor staff should be able to certify containers and shelters for shipment. This CSC certification/training needs to be provided to the COR. The requirement is applicable to all contract staff members who perform functions that require training or certifications in the PWS. Warehouse staff members should be able to provide forklift licenses and training. Safety personnel should be able to show training in various areas. Hazmat personnel charged with certification of hazardous materials for shipment should have a certificate/training. For information on specific positions, please see Attachment 69 – Government’s Estimated Level of Effort and Attachment 3 Pricing Workbook for Solicitation N6264518R0076.

20. Reference paragraph 3.2.2.1 and 3.2.2.10.3.1, will the government provide a listing of the types of equipment current employees are trained on, or provide a listing of what training is currently required for new/replaced equipment?

RESPONSE: Please see responses to Questions 4 and 16.

21. Reference paragraph 6.2. of the PWS requires personnel performing crating, blocking and bracing, and any packing functions that require wood certify wood products as “pest free” per the European Union (EU) Decision 2001/219/EO for non-manufactured wood products. What certifications are acceptable to the government for this requirement?

RESPONSE: The Contractor shall be able to obtain training and the ability to certify wood products as pest free in accordance with the International Standard for Phytosanitary Measures (ISPM) 15. This requirement also comes from the DOD 4140.65-M Compliance for Defense Packaging: Phytosanitary Requirements for Wood Packaging Material (WPM). However, it must be noted that only after Contract award can Contractor staff take the necessary training. The training consists of an online course that is provided. A Common Access Card (CAC) and System Authorization Access Request (SAAR) form will have to be filled out. Contractor staff are trained as “site workers” in this system. Once again training can only be provided upon assumption of duties as the incoming contractor and only after CAC cards are issued. Until training is completed any required certifications will have to be performed by the Government. Refresher training in this area is required every two years.

22. Reference paragraph 6.2.1, what certifications will the government accept for cold chain management?

RESPONSE: As noted within the PWS, the Government has the ability to provide cold chain management training to any incoming contractor. The requirements of the instructions as noted in paragraph 3.1.6.6 must be followed with respect to cold chain management and transportation. If desired, Contractors can obtain further outside training and certification from outside entities. However, it must again be noted that requirements set forth in the instructions noted within the PWS must be complied with for the DoD.

23. Reference paragraph 6.2.2 requires personnel handling HAZMAT be trained, but not to what level. More specifically, the Hazardous Packing Certifier must have completed training from one of the schools listed in NAVSUP P-505, Chapter 1. However, there are no schools listed in Chapter 1. Attachment 25 of NAVSUP PUB 505 contains a listing of training, but we request the government be more specific as to what training they require. Also, How many Hazardous Packing Certifiers does the government require? Also, what are the training and certifications requirements for the HAZMAT Materiel Inspector?

RESPONSE: Attachment 25 of the NAVSUP P505 contains all of the training requirements. The requirements are broken down in accordance as to whether Contractor staff members will be a handler, packer, preparer/certifier, or someone on the staff who will transport the material. The Government leaves the number of hazardous packing certifier up to the Contractor. Adequate staffing levels are needed to meet potential certification and shipments. Having a single certifier opens any Contractor up to the possibility of not meeting this requirement if the single individual is sick, on vacation, etc. As for the HAZMAT Material Inspector, the Hazmat Material Inspector shall be responsible for ensuring proper management and compliance to stowage, security, labeling, handling, packaging, certification and transportation of hazardous materials. The HAZMAT Material Inspector shall have Five (5) years’ experience in hazardous material recognition, labeling, handling, stowage, movement, inspection, packaging, certification, and transportation of hazardous materials. Additionally, the HAZMAT Material Inspector shall have experience in performing hazardous material quality assurance/control functions including the performance of sampling or surveillance functions in compliance with established quality assurance/control processes as well as federal, state, and local standards, procedures, and directives. The HAZMAT Material Inspector shall have a current certification as a result of successful completion of hazardous material certification course(s) meeting requirements in the 29 and 49 CFR. Specifically the 49 CFR part 172.704 relays what types of training is needed. This also relates back to the training requirements noted above in the NAVSUP P505.

24. Is there a Wage Determination that has been created to incorporate the CBA that is in place today?

RESPONSE: See response to Question 14.

25. The proposal states the only file required and accepted will be the excel workbook. If the pricing proposed differs from what the Government would expect to see, should the justification be included in the excel file? If so, where should this information be shared within the pricing spreadsheet.

RESPONSE: An area on sheet of the pricing workbook has been designated for additional information if necessary. Please see the revised pricing workbook (Attachment 3 – Pricing Workbook for Solicitation N6264518R0076).

26. Would the Government be willing to provide a two week extension on the proposals original due date of October 2, 2018?

RESPONSE: See response to Question 5.

27. The Government mentioned during the site visit that a CBA is currently in place on this contract. Will the Government provide a copy of the CBA to Industry to review?

RESPONSE: See response to Question 8.

28. In the Combined Synopsis, I understand how to calculate CLIN 0002 (Download), however, it is not clear to me whether the containers are included in the cost. Attachment 8 provides instructions on Task 3, but paragraph 1.2.3. of Attachment 8 indicates that Total Tasked Cost would be the sum of these calculated costs.

Response: The contractor shall provide proposed unit prices for Task III within the Pricing Workbook (Attachment 3 to N6264518R0076). Containers are provided by the Government and shall not be included in the proposed unit prices for Task III. The proposed pricing for Task III will be incorporated in the resultant contract and used to establish pricing on subsequent task orders.

29. Explain how to calculate CLIN 0003 (Task IV Build) and CLIN 0005 (Contractor Furnished Property). For CLIN 0003, would that be the total cost of the PPP&C + Stuffing + Containers? While the Task 3 Calculations are more clear (except for whether the containers are included in the Total Cost for the CLIN 0002, CLIN 0003 calculations for Builds are not as clear. And, there are no specific # of units to calculate for both Task 3 and Task 4. Ref CLIN 0005, there are no instructions on how to calculate CLIN 0005. Please explain how to calculate CLIN 0005.

Response: A total proposed price is not required for CLIN 0003 (Task IV). The contractor shall provide proposed unit prices for Task IV within the Pricing Workbook (Attachment 3 to N6264518R0076). Pricing shall be submitted on a per unit basis regardless of quantity. No quantities are provided in the Pricing Workbook because they will vary from task order to task order; however, a Projected Production Schedule FY20 through 24 is provided in Attachment 4. The proposed pricing for Task IV will be incorporated in the resultant contract and used to establish pricing based on quantities contained in subsequent task orders. No pricing shall be submitted for CLIN 0005. CLIN 0005 will be used for the contractor’s procurement of required repair parts and missing components in accordance with Sections 12.6 and 12.6.1. of the Performance Work Statement. The contractor shall invoice the Government for the actual cost of these materials on a monthly basis using CLIN 0005 on subsequent task orders.

NOTE: THE FOLLOWING LANGUAGE IS INCLUDED IN PWS SECTION 10.5. OF THE EXPIRING CONTRACT WHICH LIMITS THE INCUMBENT’S ABILITY TO RESTRICT FUTURE EMPLOYMENT OF ITS CURRENT EMPLOYEES: “Non-compete Provision In Contractor's Employment Agreements. A non-compete condition in the contractor's employment agreement with its employees that prevents employees of the incumbent from being employed, or accepting offers of employment, by the new contractor on the follow-on contract hinders the government's ability to accomplish the mission of providing continuity of services. By submitting a proposal for a contract resulting from this RFP the offeror agrees to not enforce any non-compete provisions, if any, against any employee that accepts an offer of employment with the follow-on contractor to provide the same services covered by the provisions of this contract and will not seek reimbursement from the government.”

Tasks I and II

FFP

NEMSCOM General Warehousing Services: Task I - Warehouse Management Services and Task II - Maintenance Services FOB: Destination

PSC CD: M1GZ

MAX

NET AMT

Task III

NEMSCOM General Warehousing Services: Task III - Download of DEPMEDS

MAX

Task IV

NEMSCOM General Warehousing Services: Task IV - DEPMEDS Build

MAX

Task V

NEMSCOM General Warehousing Services: Task V - Painting and Preservation of Containers and Shelters

MAX

Contractor Furnished Property

The Contractor shall procure required repair parts and missing components in accordance with section 12.6 and 12.6.1 of the Performance Work Statement.

MAX

Lot

Overtime

Overtime incurred under NEMSCOM General Warehousing Services: Task I - Warehouse Management Services and Task II - Maintenance Services

NET AMT

BASE AND OPTION YEAR PRICING

The Pricing Workbook for Solicitation N6264518R0076 (Attachment 3) provides pricing sheets for all tasks under this IDIQ. The pricing sheets of the successful offeror will be incorporated into the base contract award and shall be used for pricing firm fixed price task orders issued under the contract. These prices shall serve as the maximum prices that the Government will pay for the services provided under the contract. All prices are subject to adjustment as required by the Service Contract Act. Any required Service Contract Act rate adjustments will be made annually to the contract and any applicable task orders prior to the exercising of the option period.

PERFORMANCE WORK STATEMENT

Please see Attachment 1 – PWS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

COR

CONTRACTING OFFICER’S REPRESENTATIVE

(a) For the purpose of this clause, the Contracting Officer’s Representative (COR) is the duly authorized representative of the Contracting Officer.

(b) The COR for this contract will be appointed at time of award. The specific COR(s) for each task order written under the contract will be named within the task order.

(c) The COR will perform inspection and acceptance of services to be provided. Inspection and acceptance will be performed at the locations listed in individual task orders issued under the contract.

PERFORMANCE

1. PERIOD OF PERFORMANCE

Periods of Performance shall be detailed in individual Task Orders written under the contract awarded as a result of this solicitation.

The contracts awarded as a result of this solicitation will have an ordering period starting 01 October 2019. The Contracting Officer reserves the right to adjust the start date of service based on the actual award date. No single Task Order shall exceed 12 months in duration, unless options are exercised. The contract ordering period shall not exceed 60 months.

2. PLACE OF PERFORMANCE

The contractor shall provide services at the Navy Expeditionary Medical Support Command (NEMSCOM), Cheatham Annex (CAX), Williamsburg, Virginia.

SPECIAL CONTRACT REQUIREMENTS

NOTE 1: Before submitting a proposal in response to the solicitation, prospective offerors are encouraged to investigate the potential tax consequences should they elect to perform on the resulting contract by using individuals who are not carried on their payrolls as employees. Under this RFP, resulting contracts or its task orders, the Navy does not dictate whether the individual contract workers be classified by the successful offeror as an "independent contractor" or an "employee” for federal tax purposes. This determination shall be made solely by the offeror. If subsequent to award the successful offeror's determination is challenged, this shall be a matter to be resolved between the offeror and the Internal Revenue Service. The Navy will not consider favorably any request for the equitable adjustment to the contract upon the successful offeror's receipt of an adverse action by the IRS.

NOTE 2: For those offerors planning to engage in a teaming arrangement or to use subcontractors, a conflict of interest may be created if a company is identified as a prime contractor, teaming partner/subcontractor, or as a member of a Joint Venture on more than one proposal. A conflict of interest may also be created if corporate personnel from a prime contractor, teaming partner/subcontractor, or a Joint Venture are identified on more than one proposal. The Government's strong preference is that each company and its corporate personnel participate in only one proposal. If the Contracting Officer concludes during proposal evaluation that a potential conflict of interest exists the contracting officer reserves the right to require a conflict of interest mitigation plan from the prime contractors (offerors) of those proposals. If an offeror fails to submit a plan, or submits an inadequate plan, the offer may not be considered.

NOTE 3: It is the contractor’s responsibility to be aware of applicable federal, state and local laws and regulations concerning wage compensation (e.g. overtime) to contract workers. The Navy will not consider favorably any request for an equitable adjustment to the contract upon the contractor’s receipt of adverse action by a federal, state or local agency.

1. TASK ORDER CONTRACT

1.1. The Government intends this solicitation to result in award of single award task order (SATO), indefinite delivery indefinite quantity (ID/IQ), contract. Services will be procured via the award of Task Orders issued against the basic contract. Task Orders will be awarded on a firm fixed price basis. Task Orders will be issued via a SF Form 1449 signed by the Contracting Officer and will be transmitted electronically via e-mail.

1.2. The resultant contract shall be performed in accordance with detailed obligations to which the contractor committed itself to in its proposal dated (To be filled in at contract award) in response to NMLC Combined Synopsis/Solicitation N62645-18-R-0076.

1.3. The contractor shall not engage a teaming partner (subcontractor, partner, mentor, protégé, parent company, sister company, etc.) that is not mentioned in their Business proposal to procure services under the resultant contract without prior written approval of the Contracting Officer. Changes regarding teaming partners or duties and roles of the teaming partners as described in the Business and Technical proposals shall not be made under the resultant contract without prior written consent of the Contracting Officer.

1.4. The Contractor shall furnish qualified workers in accordance with the Performance Work Statement, individual Task Orders for these services, and all other terms and conditions set forth herein. Government requirements for contracted workers shall be filled in response to Task Orders issued by the Government against the contract.

1.5. The following activity is the sole authority to issue Task Orders:

Naval Medical Logistics Command Acquisition Management and Analytics Directorate, Code 05 693 Neiman Street Fort Detrick, MD 21702

1.6. Each Task Order will contain at a minimum the following information:

1.7. Location of services.

The work shall be performed at the NEMSCOM, CAX in Williamsburg, Virginia.

1.8. The estimated ordering period is for 60 months, beginning at the start of contract services, or until the time the Government has issued Task Orders totaling the sum of the maximum quantities in the resultant contract. The period of performance for the base period or any option periods of a Task Order shall be of one year or less in duration.

2. AWARD OF INITIAL REQUIREMENTS / MINIMUM GUARANTEE

2.1. Initial requirements will be awarded under task orders after the basic contract has been awarded. Only the offeror that is selected for a SATO IDIQ contract award will be awarded a minimum guarantee in at least the amount of $5,000.00.

2.3. The Pricing volume submitted in response to solicitation N62645-18-R-0076 will be evaluated with consideration to Reasonableness. The offeror’s proposed prices for initial requirements will be examined to determine the degree to which the proposed prices compare to the prices a reasonable prudent person would expect to incur for the same or similar services. An offeror shall not receive award of the SATO contract if all prices for initial requirements are not determined to be fair and reasonable.

3. OPTION PERIODS UNDER TASK ORDERS

3.1. The Government at its sole discretion may issue Task Orders with a base period of performance as well as option periods that provide for continued performance of the Task Order. Task Orders issued with option periods will include FAR clause 52.217-9 “Option to Extend the Term of the Contract.” Task Orders issued with option periods may also include FAR clause 52.217-8 “Option to Extend Services.”

3.2. Option periods will be exercised in writing by the issuance of Task Order modifications.

3.2.1. Task order modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9 and/or 52.217-8, if included, have been provided within the timeframes listed therein.

3.2.2. Task order modifications may be issued bilaterally as agreed upon by the Contracting Officer and the contractor in cases where the written notices or timeframes required by FAR 52.217-9 and/or 52.217-8, if included, have not been met.

3.2.3. Provision 52.217-5 and clauses 52.217-9 and 52.217-8 are listed below for the purposes of inclusion on the Task Order if the Contracting Officer determines options are applicable.

5. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

5.1. None of the services required by this contract shall be subcontracted to or performed by persons other than the contractor or the contractor's employees without the prior written consent of the Contracting Officer.

6. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

6.1. Except in very limited cases, the federal criminal statutes at 18 USC 203 and 18 USC 205 bar Government personnel, both active duty and civil service, from working as a contractor employee in a Government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer. In addition, without the prior written approval of the contracting officer, the contractor shall not use in the performance of this contract any persons currently performing medical or dental services under other Navy contracts.

7. NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

(a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

(b) For violation of export laws, the contractor, its employees, officials or agents are subject to:

(c) The Government will not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.

(d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

8. PERFORMANCE BY FOREIGN NATIONALS OR FOREIGN OWNERSHIP, CONTROL OR INFLUENCE (FOCI) ORGANIZATIONS

8.1. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer the name of the foreign national and identify the type of form(s) produced for verification of employment status.

Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place. Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

The offeror shall disclose if the company (or individual) is a FOCI. A FOCI organization includes sole proprietorships, partnerships, and corporations, and the divisions and subsidiaries of the corporation where: (a) 51% or more of the controlling (voting) stock is foreign-owned; or (b) parent organization is incorporated or otherwise charted in a country foreign to the U.S.; and (c) the organization is not performing a state function (any organization performing a state function falls under IPO authority). A division or subsidiary of an organization having a location in the U.S. is still considered FOCI if the parent corporation is a FOCI. A university, college, or not-for-profit organization that is chartered, incorporated, or otherwise called into being in a country foreign to the U.S. and not performing a state function is FOCI. A FOCI person is a non-U.S. citizen. Resident aliens are considered FOCI for licensing and technology transfer purposes. Approval by the U.S. Trade Representative may be required prior to executing a contract with a FOCI.

4. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

4. REVIEW OF PRESS RELEASES

The contractor agrees to accurately and factually represent the work conducted under the contract in all press releases. Misrepresenting contract results or releasing information that is injurious to the integrity of the Government may be construed as improper conduct. Press releases shall be considered to include the public release of information to any medium, excluding peer-reviewed scientific publications. The contractor shall ensure that the Contracting Officer has received an advance copy of any press release related to the contract for review and comments at least five (5) working days prior to proposed issuance. After receipt of the Government’s comments, the contractor shall provide a copy to the Contracting Officer prior to issuance of the press release.

5. ENVIRONMENTAL AND ENERGY CONSERVATION OBJECTIVES

If performance of any work under this contract is required at a Government facility, the Contractor shall contact the appropriate office and code with cognizance over safety and environmental requirement prior to performance of ANY work under this contract. The office having overall governance concerning safety is as follows:

NEMSCOM OSH/Environmental Program Manager Code 03D 108 Sanda Ave Bldg 564 Williamsburg, VA 23185-5830

Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State, Federal and/or Department of Defense regulations protecting the environment, contractor employees, and persons who live and work in and around contractor and/or federal facilities.

6. STANDARD LIABILITY INSURANCE

The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, Insurance--Work on a Government Installation and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage.

(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: N/A

6.1.1. INDEMNIFICATION

6.1.1. The awardee agrees to indemnify and hold the Government harmless from any liability, loss or damage the Government may suffer as a result of claims, demands, costs or judgments against the awardee and/or the Government arising out of the activities to be carried out by the awardee pursuant to the obligations of this Contract.

6.1.2. The awardee certifies that it acquired and maintained insurance to comply with section 6. herein. The awardee has and will maintain in force during the term of this Contract adequate insurance to cover its obligations under section 6 herein and its indemnification obligations hereunder, to include workers’ compensation insurance.

6.1.3. The awardee shall promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger a claim against the Government pursuant to the Contractor’s performance under this Contract; furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and, immediately provide copies of all pertinent documents that the awardee receives or has received.

6.1.4. The Government may, participate in the settlement or defense of the claim or action that triggers liability for the Government pursuant to the Contractor’s performance under this Contract.

6.1.5. If the awardee has an obligation to indemnify a subcontractor under any subcontract at any tier under this Contract, and the subcontractor has an obligation to indemnify the Government for the same matter, the awardee shall indemnify the Government to the same extent that obligation shall extend to the Government if a party to the claim or action.

6.1.6. The rights and obligations of the parties under this clause shall survive the termination, expiration, or completion of this Contract.

7. ORGANIZATIONAL CONFLICT OF INTEREST (JAN 1992) (NAVSUP)

7.1. This clause provides examples of certain organizational conflicts of interest which are prescribed by Federal Acquisition Regulation Subpart 9.5. The two (2) underlying principles which this clause seeks to avoid are preventing the existence of conflicting roles that might bias a contractor's judgment and preventing unfair competitive advantage. The following subsections prescribe certain limitations on contracting as the means of avoiding, neutralizing or mitigating organizational conflicts of interest.

7.2. If, under this contract, the contractor will provide systems engineering and technical direction for a system, but does not have overall contractual responsibility for its development, integration, assembly, checkout or production, the contractor shall not be awarded a subsequent contract to supply the system or any of its major components, or to act as consultant to a supplier of any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and technical direction. The term of this prohibition shall endure for the entire period of this contract and for two (2) years thereafter.

7.3. If, under this contract, the contractor will prepare and furnish complete specifications covering nondevelopmental items, to be used in a competitive acquisition, the contractor shall not be permitted to furnish these items, either as a prime or subcontractor. The term of this prohibition shall endure for the entire period of this contract performance and for either two (2) years thereafter or the duration of the initial production contract whichever is longer. This rule shall not apply to contractors who furnish specifications or data at Government request or to situations in which contractors act as Government representatives to help Government agencies prepare, refine or coordinate specifications, provided this assistance is supervised and controlled by Government representatives.

7.4. If, under this contract, the contractor will prepare or assist in preparing a work statement to be used in competitively acquiring a system or services, the contractor shall not supply the system, its major components, or the service unless the contractor is the sole source, the contractor has participated in the development and design work, or more than one contractor has been involved in…