Sec L_AMD1.pdf

N6274220R1801 Amendment 0001

Section L - Instructions, Conditions and Notices to Bidders

L1 NUMBER OF COPIES/CONTENT/TIME OF RECEIPT FOR PROPOSALS

1. The Cost Proposal (Volume I) and Non-Cost Proposal (Volume II) shall be submitted in separate binders, tabbed appropriately, and must include a cover page with the name of the prime contractor, addresses, phone and fax numbers, email addresses, solicitation number, and point of contact.

2. VOLUME I - COST PROPOSAL: An original plus three (3) paper copies and two (2) electronic copies (CD-ROM) of the cost proposal shall be submitted no later than the date and time provided in Block 9 of the Standard Form 33, “Solicitation, Offer, and Award”, in a sealed envelope and marked in the bottom right corner "COST PROPOSAL SUBMITTED UNDER RFP N62742-20-R-1801- DO NOT OPEN IN MAILROOM." Identify the original proposal as “Original” on the cover of the proposal. The cost proposal shall be submitted in a three-ring binder with a table of contents and shall be tabbed. The proposal shall be typewritten, using 11-12 font size. There is no page limitation for Volume I.

a. Organization of Cost Proposal

SECTION I STANDARD FORM 33

Tab 1 - Signed and completed Standard Form (SF) 33 (Solicitation, Offer and Award).

Tab 2 – Joint Venture (JV), Limited Liability Companies (LLC), Limited Partnerships (LTD) (if applicable) Tab 3 - Representations and Certifications (Section K)

SECTION II COST AND RELATED INFORMATION

Tab 1 – Cost Proposal with supporting documentation Tab 2 – Cost model information Tab 3 – Cost pool, financial/accounting system and audit information.

SECTION III – APPENDICES:

Appendix A – Direct Labor and Indirect Rate Forward Pricing Agreements Appendix B – Uncompensated Overtime Appendix C – Compensation Plan for Professional Employees Appendix D – Pre-award Survey Information

b. Cost Proposal Submittal Requirements:

SECTION I STANDARD FORM 33

Tab 1 - Signed and completed Standard Form (SF) 33 (Solicitation, Offer and Award). Complete Blocks

12 through 18. Indicate period of validity of the offeror’s proposal in Block 12 at least 150 calendar days.

Tab 2 - Joint Venture (JV), Limited Liability Companies (LLC), Limited Partnerships (LTD) (if applicable)

(See L2 for required documents)

Tab 3 - Representations and Certifications (See Section K)

SECTION II – COST AND RELATED INFORMATION.

The Cost submission shall include the following attachments provided in the Section J:

J.1 Direct Labor Bid and Billing Rate Submission J.1A Direct Labor Rate Escalation Submission J.1&J.1A Direct Labor Bid Bill and Escalation J.2 Identification of Uncompensated Overtime Ratios J.3 Indirect Ceiling Rates Build-up, Award Fee Application and Distribution of Cost-Reimbursable

Work Form J.4 Indirect Ceiling Rate, Award Fee Application and Distribution of Cost-Reimbursable Work Form J.5 Service Contract Labor Standards and Construction Wage Rate Requirements Ceiling Labor Rates

JL.6 Proposed, Historical, and Year-to-Date Indirect Rates J.7 Cost Model Work Sheet J.7A Cost Model Summary Sheet

Notes:

(1) The proposal shall include COST REIMBURSABLE TEAM SUBCONTRACTOR information in the same level of detail as provided by the Offeror. Subcontractor information may be submitted separately for proposal purposes. However, it is noted that the direct labor and billing rate (J.1), indirect ceiling rates, award fee application and distribution of cost reimbursable work (J.4), and Service Contract Labor Standards and Construction Wage Rate Requirements Ceiling Labor Rates (J.5) for each cost reimbursable Subcontractor will be incorporated into any resulting Contract. Note: If the offeror is a joint venture, and the joint venture partners are proposing separate rates, information must be provided in the same level of detail for each member of the joint venture team. One submittal may be submitted for the Joint Venture (JV) entity, only if the JV has an established separate cost center for the JV entity with an adequate accounting system for a cost reimbursable contract.

(2) Offerors shall not deviate from the basic format of the forms identified in this solicitation. However, offerors may adjust columns, rows and cost elements under Attachments J.3, J.4, J.6, and J.7 in order to be consistent with their cost accounting systems. The cost proposal shall include the completed mandatory rate forms and supporting information in the general format outlined below:

The cost proposal shall be a complete and detailed cost breakdown of all cost elements and other cost information required herein. Offerors shall submit proposals consistent with the structure of their established and/or disclosed accounting practices. The composition of indirect expense pools and bases thereof (Overhead, General and Administrative, Material Handling, etc.) shall be consistent with those actually being utilized by the company.

Proposed rates shall be based on recent history and/or budgetary projections. Pool expenses shall not include any of those expenses identified in FAR Part 31 as unallowable. The cost and pricing information shall be completed in accordance with the following:

Tab 1 – COST PROPOSAL WITH SUPPORTING DOCUMENTATION

a. DIRECT LABOR RATE SUBMISSION-ATTACHMENTS J.1, J.1A, J.2, and J.5

(1) A separate rate sheet shall be submitted by the prime, each joint venture member, and each cost reimbursable subcontractor. Note: If the offeror is a JV and the JV partners are proposing separate rates, separate rate sheets must be provided by each member of the JV. One submittal may be submitted for the JV entity, only if the JV has an established separate cost center for the JV entity with an adequate accounting system for a cost reimbursement contract. Offerors shall provide direct labor rates, including any adjustment for uncompensated overtime (see attachment J.2), for all cost reimbursable labor categories listed in Attachment J1.1 and J.1A as follows:

(2) Each contractor, JV member and cost reimbursable subcontractor shall provide labor rates for ALL LABOR CATEGORIES listed on attachment J.1 and J.1A. If the contractor/subcontractor does not currently employ the listed employee, a market rate shall be provided. The employee must be tied to an internal labor category whether or not they are a current employee.

(3) Offerors SHALL NOT ADD ADDITIONAL labor categories on J.1. If it is determined that a labor category not listed on J.1 is required for a task order, Contracting Officer for the contract may approve the labor category and the corresponding bid/ceiling rate for the specific task order, and if applicable, may incorporate the labor category into the basic contact.

(4) Offerors shall provide the company’s labor category equivalent for all labor categories listed on J.1 and J.1A.

(5) Labor categories listed on Attachments J.1 and J.1A are for exempt employees, supervisory, and specialty UXO personnel. Service Contract Labor Standards (SCA) or Construction Wage Rate Requirements (Construction) labor categories are not included. As applicable, SCA and Construction Wage Determinations will be included in individual task orders. The proposed bid and bill rates for SCA and Construction labor shall be equal to or greater than the minimum wage determination rates specified in the DOL Wage Determination incorporated in the task order, but shall not exceed the maximum percent proposed in Attachment J.5.

(6) The labor categories and labor rates identified in Attachment J.1 establish provisional/bid rates for negotiating baseline costs and maximum ceilings for Direct Labor during the base period and all option periods (if exercised) of the contract. Offerors are to provide provisional bid and ceiling rates for the base year and all four option periods on Attachment J.1. Ceiling rates shall not exceed 15% above the proposed provisional rate for each contract period.

See Section H for additional information. The provisional rates will be used for negotiating task orders, and rates billed against specific task orders will be based on the actual labor rates in effect, not to exceed the ceiling rates allowed under the contract on Attachment J.1. The provisional and ceiling rates proposed and submitted with the RFP shall be utilized for the base year and exercise of each option period.

(7) Attachment J.1A reflects the escalation rate applied to the direct labor bid rate for each option period. No additional escalation will be applied to the provisional rates when option periods are exercised. Therefore, offerors should factor escalation into their provisional rates for option periods one through four. For each labor category, the Offeror shall enter its escalation factors applied to the provisional rates for each option period on Attachment J.1A.

The offeror shall also provide the basis for any proposed/projected escalation and the assumptions used: forecast source (such as Global Insight), index used (index number and title), calculations (index values used: base and projected values), and dates used (month and year of applicable index numbers). The offeror shall provide copies of the escalation forecasts as support documentation in their proposal.

(8) Where it is determined necessary to utilize a specific individual on this contract whose actual labor rate exceeds the established ceiling, the Contractor will be required to obtain prior written approval by the Contracting Officer. In the event that such approval is not properly obtained, the Government will only be required to reimburse the Contractor at the ceiling rate.

(9) Cost proposal shall address CEILING RATES FOR SERVICE CONTRACT LABOR STANDARDS AND CONSTRUCTION WAGE RATE REQUIREMENTS labor categories by completing ATTACHMENT J.5.

(10) Offerors shall provide the following information to support the proposed direct labor rates:

Offerors shall provide and discuss how the proposed labor rate ceilings on J.1 were derived. Provide information on the basis of the base rates used to arrive at the ceiling rates, such as whether the base rates were based on actual individual rates for key personnel, average or weighted rates for current employees, forward pricing rates, market sources such as Bureau of Labor Statistics or salary.com, or the offeror’s estimate, etc. If a composite labor rate is utilized or a labor rate is prorated over fiscal years, provide the specific details/calculations used to determine the rate. If forward pricing rates apply, provide a copy in Appendix A. Any deviation from forward pricing rates, current actual rates for individuals, etc. shall be clearly documented. Note the percent markup used on the base rates to arrive at the proposed ceiling rate for each labor category. Complete J.1 showing the base rate for each labor category, percentage markup for each labor category and ceiling rate for the base and option years.

If uncompensated overtime is proposed and used in calculating individual and average labor rates for Fair Labor Standards Act exempt employees listed in Attachment J.1 and J.1A, complete Attachment J.2 (IDENTIFICATION OF UNCOMPENSATED OVERTIME RATIOS) for each affected labor category.

Additionally, provide in Appendix C: (1) required information per provision FAR 52.237-10 Identification of Uncompensated Overtime (March 2015); (2) historical number of hours in excess of 40 hours per week for each labor category; and (3) evidence of the Defense Contract Audit Agency or Defense Contract Management Agency approval of the corporate policy addressing uncompensated effort.

Shown below are sample entries for the J.1, Direct Labor Bid and Billing Rate Form:

Contract

Labor Category Company

Equivalent Labor Category

Source Base Year Individual or Average Bid Level Rate

Percent Mark-Up for Direct

Labor Ceiling

Rate

Base Year Maximum

Ceiling Rate for Billing

Purposes Project Manager Program Manager I, Individual Rate

(Jane Doe) $000 0% $000

Sr Project Engineer

Engineer IV 2012 Avg. Rate $000 0% $000

Word Processor Word Processor Market Rate $000 0% $000

Shown below are sample entries for the J.1A, Direct Labor Rate Escalation Form:

Contract Labor Category

Company Equivalent Labor Category

Source Base Year Individual or Average Bid Level Rate

Escalation Factor

Applied to Option Year

Option Year 1

Individual/ Average Bid Level Rate

Project Manager Program Manager I Individual Rate (Jane Doe)

$000 0% $000

Sr Project Engineer

Engineer IV 2012 Avg. Rate $000 0% $000

Word Processor Word Processor Market Rate $000 0% $000

b. INDIRECT RATE SUBMITTAL – ATTACHMENTS J.3, J.4, AND J.6

1. INDIRECT RATES, FEE APPLICATION FORM AND DISTRIBUTION OF COST-REIMBURSABLE

WORK - (A separate rate sheet shall be submitted by the prime, each joint venture member, and each cost reimbursable subcontractor.) (NOTE: If the JV has an established separate cost center for the JV entity with an adequate accounting system for a reimbursement contract, one form may be submitted for the JV entity). The indirect ceiling rates proposed will be the maximum allowable rates that can be proposed or billed under task orders issued during the ordering period. These are not bid rates. Indirect rates proposed for individual task orders may be less and should be in accordance with the offeror’s disclosed estimating system practices and, if applicable, forward pricing rate agreements. Additionally, should actual rates experienced during performance of the contract be lower than the ceiling rates shown, actual rates will be billed. The indirect rate ceilings will be incorporated into the awarded contract as stated under Section H hereto.

(1) The offeror shall submit a completed Indirect Ceiling Rate, Award Fee Application and Distribution of Cost- Reimbursable Work Form, (J.4), showing the application of all proposed indirect ceiling rates and the award fee pool applicable to the appropriate bases. The matrixes provide base year and option year indirect rates as applicable and in accordance with disclosed accounting practices. Offerors shall delete or add other indirect rate pools to Attachment J.3 and J.4, as appropriate, to reflect their accounting systems. For instance, if Workmen’s Compensation is a separate indirect rate pool, it should be added. On the other hand, if fringes are included in the overhead pool, the fringe pool should be deleted. (Note: Attachments J.3 and J.4 are provided in Microsoft Word.

Complete in Microsoft Word format, as provided. Additionally, offerors should provide J.3 AND J.4 IN MICROSOFT EXCEL FORMAT ON THE CDS to show how the multiplier was calculated.)

(2) Offerors shall separately describe all indirect cost rates. Provide a comprehensive narrative explaining the application of indirect rates to appropriate bases. The narrative should include your disclosed accounting practices defining your indirect cost pools and bases, and the application of indirect rates to bases. This could include, but is not limited to, labor fringes, labor overhead, material overheads, General and Administrative expenses, cost of money factors, and any other indirect rate applicable to the work that will be performed under this contract.

Offerors shall provide and discuss how the proposed indirect ceiling rates were derived. Provide information on the basis on the base indirect rates (show base indirect rates on attachment J.3, Indirect Ceiling Rates Build-Up and Award Fee Application Form) used to arrive at the ceiling rates, (i.e. Forward Pricing Rate Agreement and the date of agreement (provide in Appendix A), bidding rates and the date of submission, and the date of approval, etc.).

Offerors shall exclude all unallowable costs identified in FAR 31.2 from the indirect cost rates. Offerors shall state whether DCAA has audited or applied agreed-upon procedures to the proposed indirect cost rates. If so, Offerors shall provide the date of the DCAA review and the DCAA report number. Any variance between indirect base rates used to develop the ceiling rates and applicable forward pricing rates/DCAA approved rates should be clearly documented in the supporting narrative. Note the proposed mark-up, if any, applied to the indirect base rates to arrive at the ceiling rates for the base year and each option period. The offeror shall clearly document why any significantly discounted rates will not pose a risk that the offeror will be unable to provide the services for the proposed costs, e.g. how will losses be handled. Significantly discounted rates are defined as those rates below the cost of the work to be performed, i.e. rates that will result in a loss. Any indirect rate discounts proposed will be analyzed to ensure compliance with cost realism.

(3) Award Fee: An award fee plan will be included in the basic contract. Award fee will not be allowed on Travel, Contractor – Acquired Property, Facilities Capital Cost of Money (FCCOM), and award fee on cost reimbursable subcontractor’s costs at any tier.

2. PROPOSED HISTORICAL AND YEAR –TO-DATE INDIRECT RATES-ATTACHMENT J.6 (A

separate rate sheet shall be submitted by the prime, each joint venture member, and each cost reimbursable subcontractor.) Offerors shall provide historical indirect rates, base indirect rates, and indirect ceiling rates on Attachment J.6, as follows:

(1) Offerors shall delete or add other indirect rate pools to J.6, as appropriate, to reflect their accounting systems.

The pools shall correspond to the pools listed on J.3 and J.4.

(2) Provide the following information in your cost proposal for all indirect pools listed:

Compare proposed indirect base rate(s) with the rate(s) experienced during the prior three completed fiscal or calendar years (whichever is most recent) and with the current year to date actual rate. Rates shown must be actual experienced costs, not budgeted or billing rates.

State whether the proposed rates include any appreciable change in the business volume, which materially affect the proposed burden rate(s). State whether the proposed rates include the effect of this contract.

Tab 2 - COST MODEL INFORMATION ATTACHMENTS J.7 & J.7A

Notes: SCA refers to Service Contract Labor Standards

DBA refers to Construction Wage Rate Requirements

1. A separate Cost Model Worksheet (J.7) for the base year and each option year shall be completed/submitted by the prime, each joint venture member, and each cost reimbursable subcontractor in its entirety. Additionally, if multiple cost centers will be used in the performance of this contract, a completed cost model shall be submitted for each cost center. (Note: If a joint venture has an established separate cost center for the joint venture entity with an adequate accounting system for a cost reimbursement contract (FAR 16.301-3), one form may be submitted for the joint venture entity).

2. Offeror shall not add labor categories, make structural changes, or change the hours on this form. The Offeror shall not change the costs associated with Travel, Other Direct Costs, or Fixed Price Subcontracts on Attachment J.7. Offeror, however, should add or delete additional indirect costs in accordance with their established accounting system (must use appropriate base and explain).

3. Each team member (prime/JV, cost reimbursable subs) submitting this form shall provide rates for ALL LABOR

CATEGORIES LISTED ON J.7.

4. Offeror shall input their direct labor ceiling rates from Attachment J.1 (Maximum Ceiling Rate for Billing Purposes), which correspond to the labor categories listed on J.7, for each respective year (base and option years).

5. The proposed rates for SCA labor shall be equal to the wage determination base rates provided in WD 2015- 5689, Revision No. 13, dated 12/21/2020 (Attachment J.12) Do not include hazard pay for the SCA labor categories.

6. The proposed rates for DBA labor shall be equal to the wage determination base rates provided in General Decision Number HI20210001, Modification No. 4 dated 02/19/2021 (Attachment J.13).

7. For SCA and DBA labor, if it is the offeror’s normal accounting practice to charge health and welfare/fringe benefits as a direct charge, then the offeror shall explain the basis of the base rate, including calculation in Microsoft Excel format on a CD to clearly show the base rate and markups applied. For example, showing the SCA rate plus SCA health and welfare or DBA plus WD fringe and any other direct charges added to the direct labor rate such as FUTA, SUTA and FICA. The offeror shall use their indirect ceiling rates on Attachment J.4 in any offset or differential calculations to account for the payment of health and welfare/fringes in the base labor rate.

8. All indirect rates submitted on the Cost Model shall be the INDIRECT CEILING RATES provided in Attachment J.4 for each respective year (base and option years), and not base rates (i.e. forward pricing rates) used to derive the ceiling rates. If an offeror (prime/JV, cost reimbursable subs) proposes multiple mark-up rates for other direct costs and subcontracts (e.g. G&A), the highest mark-up rate shall be utilized on the cost model worksheet (J.7).

9. If applicable, in accordance with their accounting system, the offeror shall add any direct costs applied to the labor base (e.g. health and safety charge, low value equipment per labor hour). It is noted that in accordance with Section H5- costs for the acquisition or use of Information Technology Equipment or Systems shall not be considered as an allowable direct charge to this contract.

10. Award Fee – The award fee proposed in Attachment J.4 shall be applied to applicable costs. Award fee shall not be applied to travel, Contractor-Acquired Property, Facilities Capital Cost of Money, and award fee on cost reimbursable subcontractor’s cost at any tier.

11. Cost Model Worksheet (J.7) does not include formulas. In addition to the hard copies, Offerors shall submit this form in Microsoft Excel format on a CD to show all calculations (i.e. labor extensions, indirect rate application of labor, etc.) used to arrive at the total cost.

12. The Cost Model Summary Sheet (J.7A) shall be submitted by the prime contractor. This form does include formulas. For evaluation purposes, the percentages listed on Attachment J.3 (Distribution of Work) shall be used for the prime/JV and each cost reimbursable subcontractor listed on the Summary Sheet. In the event an offeror (prime, JV member or cost subcontractor) utilized multiple cost centers, the cost model will be completed for each cost center and the highest “Total” cost for the cost model shall be used on the summary sheet. The Prime contractor’s indirect ceiling rate mark-ups (e.g. G&A) for cost reimbursable subcontractors provided in J.4 for each year shall be added to the total cost. If the prime contractor is a JV, the rate for the JV member with the highest ceiling rate mark-up for a cost sub shall be used. Note: In addition to a hard copy, the summary form shall be submitted in Microsoft Excel format on a CD.

For clarification purposes the following example for the Summary Sheet is provided:

Total Cost

Model Value for Base Year

% of work

(J.3)

Total Value of Base Year based on % of Work

Prime / JV member 1 $490,000.00 30% $147,000.00

Prime/JV member 2 $505,000.00 25% $126,250.00 Cost Reimbursable Contractor $479,000.00 20% $95,800.00 Cost Reimbursable Contractor $515,000.00 25% $128,750.00

100% $497,800.00 Cost Sub Total % Mark-up Cost Sub Mark-up

Prime/JV indirect ceiling rate mark-up on Cost Reimbursable Subcontractors, i.e. G&A, as provided on J.4

$224,550.00 7.5% $16,841.25

TOTAL VALUE OF COST MODEL FOR BASE YEAR $514,641.25

Note: The Prime’s percent mark-up applied to the total cost for the cost reimbursement subcontractors is based on the indirect ceiling rate for JV member #1, whose rate was higher than JV member #2. The rate was applied to the total subcontract cost ($95,800 + $128,750) shown under Total Value of Base Year on % of Work Column.

Tab 3 - COST POOL, FINANCIAL/ACCOUNTING SYSTEMS AND AUDIT INFORMATION

The offeror should identify its cognizant Defense Contract Audit Agency (DCAA) office, Defense Contract Management Agency (DCMA) office, and if applicable, Cognizant Federal Agency Official (CFAO). The point of contact, address, phone number, and e-mail address for each of the cognizant agencies identified must be included.

Provide information to support a determination by the Navy of the degree to which each of the accounting and management systems listed below are adequate and compliant with Government regulations and standards. In accordance with FAR 16.104(i) and FAR 16.301-3(a) the offeror’s accounting system must be deemed adequate for the timely development of all necessary cost data and to determine costs applicable to the contract prior to contract award.

The Offeror should provide the Government with the current status (e.g. approved, disapproved, acceptable, adequate, inadequate, inadequate in part, etc.) of its following management systems:

1. Accounting System

2. Purchasing System

3. Billing System

4. Estimating System

The supporting data should include the most recent date of the audit or review completed by the cognizant agency and, if known, the audit report number. Offerors shall also identify whether an audit or review is in process. If the approved or adequate status of any of these systems is currently in question, or if DCAA has issued any reports [including issuance of any Statements of Condition(s) and Recommendation(s) (SOCARs) and/or Auditor Comments related to the Offeror’s response to the SOCARs released to the Offeror prior to issuance of a final report to the Contracting Officer], on inadequacies of the systems, the Offeror should provide copies of the subject reports and/or SOCARS, as well as an explanation of its agreement or disagreement with the cited inadequacies of the system. The Offeror should explain in detail the system inadequacies and specific plans for corrective action, including milestones for implementation of revised procedures. Also, the Offeror should discuss the impact on this procurement on the reported system inadequacies, and what action is being taken to ensure that these systems are corrected to ensure no detrimental impact should the Offeror receive a contract award. The Government reserves the right to coordinate with any Government Agency to verify the current status of these systems and the status of any corrective action taken by the Offeror already or still considered outstanding. In those cases where the accounting system does not have DCAA approval, the Offeror shall describe the action taken to obtain such approval prior to contract award. If DCAA audits are in excess of one year old, the Offeror shall certify via a statement that the system(s) have not changed since the date of the last audit. If audits have not been performed, brief description(s) of the system(s) should be provided. Each functional/task component of the system(s) shall be addressed. This information is required to ensure that the contractor has a system that ensures that the Government is properly billed for only the costs incurred during the performance of the work under a cost reimbursable task order.

If submitting a proposal as a joint venture, submit the required information for the managing member who will implement and control the systems. If 100% of the costs allocated to the joint venture are not based on the managing member’s financial and management systems, then the offeror shall submit the required information for each joint venture member. Example is where joint venture will subcontract work-out to individual joint venture members; thereby, utilizing their individual systems. Another example is where staffing includes employees of joint venture member firms subject to compensation plans and policies other than that of the managing member. Where a mix of joint venture and individual member management systems exist, Offeror shall explain which of these systems are fully applicable, partially applicable, or not applicable to the joint venture.

All the information requested above should also be provided for any cost reimbursable team subcontractors to which the Offeror anticipates awarding subcontracts. An explanation is required if information is not available for a subcontractor.

SECTION III – APPENDICES

Appendix A – Direct Labor and Indirect Rate Forward Pricing Agreements

1) The offeror shall provide any approved direct labor and indirect rate forward pricing rate agreements.

2) If facilities capital cost of money is proposed, Form CASB-CMF must be provided with the proposal for each performance period.

Appendix B – Uncompensated Overtime

1) If uncompensated overtime is proposed and used in calculating individual and average labor rates for Fair Labor Standards Act exempt employees listed in Attachment J.1, complete Attachment J.2 (IDENTIFICATION OF UNCOMPENSATED OVERTIME RATIOS) for each affected labor category. Additionally, provide in Appendix B: (1) required information per provision FAR 52.237-10 Identification of Uncompensated Overtime (Mar 2015);

(2) historical number of hours in excess of 40 hours per week for each labor category; and (3) evidence of the Defense Contract Audit Agency or Defense Contract Management Agency approval of the corporate policy addressing uncompensated effort.

Appendix C – Compensation Plan for Professional Employees

1) In Appendix C, provide a total compensation plan in accordance with FAR 52.222-46, Evaluation of Compensation for Professional Employees (Feb 1993), setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract for the offeror and each key cost reimbursable subcontractor.

2) Advise if you have different compensation plans for various skill levels and describe.

Appendix D – Pre-award Survey Information

A pre-award survey may be conducted on all firms submitting a proposal, to include key cost reimbursable subcontractors indicating firm commitments to this acquisition. The following information shall be submitted in a separate envelope marked “Pre-Award Survey”.

a) The company’s last three complete fiscal year financial statements, audited, reviewed, or compiled by an independent accounting firm, including the accounting firm’s cover letter and full disclosure notes for the prime and each party to a joint venture. Additionally, the Offeror shall provide its current year-to-date financial statements as of the quarter ending prior to submission of offers. Any offeror that intends to rely on the financial backing of its parent corporation must submit separate financial statements for both the partially-owned or wholly owned subsidiary and the parent corporation. If a partially-owned or wholly-owned subsidiary relying on the financial backing of a parent corporation cannot submit its own financial statements, provide a detailed explanation why. If a partially-owned or wholly-owned subsidiary which will be performing the contract is relying on a parent corporation for financial backing, a financial guarantee letter must also be submitted.

b) Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures/teaming arrangements discuss the financial responsibilities among companies and provide same information.

c) The Government may request additional information if needed in order to determine responsibility.

3. VOLUME II - NON-COST PROPOSAL (TECHNICAL AND PAST PERFORMANCE): An original plus five

(5) paper copies and two (2) electronic copies (CD-ROM) of the Non-Cost Proposal shall be submitted no later than the date and time provided in Block 9 of the Standard Form 33, “Solicitation, Offer, and Award”, in a sealed envelope and marked in the bottom right corner "NON-COST PROPOSAL SUBMITTED UNDER RFP N62742-20-R-1801- DO NOT OPEN IN MAILROOM." Identify the original proposal as “Original” on the cover of the proposal. The Non-Cost proposal shall be submitted in a three-ring binder with a table of contents and shall be tabbed appropriately. The proposal shall be typewritten, using 11 point font. (Refer to Section M, for non-cost factors submittal requirements).

a. A graphic representation no more than 1 page in length identifying the firms/companies that are part of the

Offeror’s team, and clarifies which companies are the prime, joint venture partners, and subcontractors.

b. All information required by Factor 1 – Corporate Experience

c. All information required by Factor 2- Safety

d. All information required by Factor 3- Past Performance

The Government is not liable for any proposal preparation expenses incurred in response to this solicitation nor any proposal preparation expenses incurred for individual task orders issued under the resultant contract.

4. PROPOSAL SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS:

IF SENT VIA UNITED STATES POSTAL SERVICE:

NAVFAC FACILITIES ENGINEERING SYSTEMS COMMAND PACIFIC

SOLICITATION NO. N62742-20-R-1801

ENVIRONMENTAL CONTRACTS BRANCH (CODE ACQ34:VM)

258 Makalapa Drive, Suite 100 Pearl Harbor, HI 96860-3134

IF HAND-CARRIED/ OR VIA COURIER SERVICES:

NAVFAC FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

ENVIRONMENTAL CONTRACTS BRANCH (CODE ACQ34: VM)

4256 Radford Drive, Building 62 Honolulu, HI 96818-3296

Depository hours between 8:00 a.m. and 3:00 p.m., HST. Monday through Friday except for holidays.

5. Proposals not received at the above address on or before the hour and date set forth for receipt of proposals shall be subject to the provisions of FAR 52.215-1(c), "Late submission, modification, revision, and withdrawal of proposals".

L2 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), ETC.

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities:

a. A copy of the JV, LLC or LTD agreement.

b. A detailed statement signed by the appropriate individual(s) of each firm outlining the following in terms of percentages where appropriate:

1. The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing. Clearly identify the expected relationship, role and responsibility between the firms or of the subcontractor or other entity (type and proportion of work to be performed) (including an explanation of the meaningful involvement that the entity will have in performance of this contract)

2. The management approach in terms of who will conduct, direct, supervise, and control and the controlling partner’s authority to obligate the entity.

3. The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4. Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute the contract documents and bonds).

5. Set forth procedures to be followed in the event that the entity is dissolved due to unforeseen circumstances such as the bankruptcy of a member.

c. A list of partners/parties, to include company name, DUNS and CAGE Numbers, Address, Point of Contract, Email address, phone number and facsimile number.

L3 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding the solicitation shall be submitted in writing via electronic mail to vanessa.menor@navy.mil.

Electronic mail must be received no later than ten (10) working days in advance of the closing date. Verbal queries will not be entertained.

L4 AMENDMENTS

Amendments will be posted to the web site https://beta.sam.gov. It is the offeror's responsibility to check the web site periodically for any amendments to the solicitation.

L5 MULTIPLE AWARDS

Multiple awards will NOT be made. The Government intends to issue one contract resulting from this solicitation.

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

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

(1) Company legal business name.

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

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite-Delivery Indefinite-Quantity, Cost-Plus-Award Fee Single Award Contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Naval Facilities Engineering Systems Command Pacific Environmental Contracts Branch (ACQ34) 258 Makalapa Drive, Suite 100 Joint Base Pearl Harbor-Hickam, HI 96860-3134

(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)

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (MAR 2015)

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

Adjusted hourly rate (including uncompensated overtime) is the rate that results from multiplying the hourly rate for a 40-hour work week by 40, and then dividing by the proposed hours per week which includes uncompensated overtime hours over and above the standard 40-hour work week. For example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an uncompensated overtime rate of $17.78 per hour ($20.00 x 40 divided by 45 = $17.78).

Uncompensated overtime means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours.

(b)(1) Whenever there is uncompensated overtime, the adjusted hourly rate (including uncompensated overtime), rather than the hourly rate, shall be applied to all proposed hours, whether regular or overtime hours.

(2) All proposed labor hours subject to the adjusted hourly rate (including uncompensated overtime) shall be identified as either regular or overtime hours, by labor categories, and described at the same level of detail. This is applicable to all proposals whether the labor hours are at the prime or subcontract level. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged direct.

(c) The offeror's accounting practices used to estimate uncompensated overtime must be consistent with its cost accounting practices used to accumulate and report uncompensated overtime hours.

(d) Proposals that include unrealistically low labor rates, or that do not otherwise demonstrate cost realism, will be considered in a risk assessment and will be evaluated for award in accordance with that assessment.

(e) The offeror shall include a copy of its policy addressing uncompensated overtime with its proposal.

(End of clause)