N66001-16-R-0118 AMENDMENT 0001.pdf

SEE SECTION L

ELECTRONIC SUBMISSION

HTTPS://E-COMMERCE.SSCNO.NMCI.NAVY.MIL/

CA

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to address questions and modify the solicitation accordingly.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 22

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

16C. DATE SIGNED

BY 26-Oct-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6600116R0118

X 9B. DATED (SEE ITEM 11)

29-Sep-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Oct-2017

CODE

SPAWAR SYSTEMS CENTER PACIFIC

JOHANNES CARDENAS, CODE 22710

JOHANNES.CARDENAS@NAVY.MIL

53560 HULL STREET

SAN DIEGO CA 92152-5001

N66001 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE N66001

FACILITY CODECODE

EMAIL:TEL:

N6600116R0118

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS AND ANWERS

1) On page 53 of 121, under Section H, H-TXT-02 ORGANIZATIONAL CONFLICT OF INTEREST

(SYSTEMS ENGINEERING) (JUN 2017) section (d) states “The Contractor further agrees that it will not perform engineering services and technical support of the type described in the SOW for any product it has designed, developed, or manufactured in whole or in part. The Contractor further agrees to notify the Contracting Officer should it be tasked to conduct engineering and technical support on such products and to take no action until directed to do so by the Contracting Officer”

SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12- D-0033 covers and is part of the TACNET Program, Prime Contract holders and Subcontractors under performance of the NIEF MAC are required to perform the design, development and manufacturing of to the systems for ADNS that the TACNET ISEA will perform evaluation.

FAR Subpart 9.5, Organizational Conflict of Interest, states that an OCI exists when a contractor evaluates its own offers for products or services.

Will the Government please clarify if Prime Contract holders and Subcontractors under the SSCPAC Code 41 NIEF ADNS Production Multiple Award Contract are precluded from bidding against this solicitation since they will evaluate its own offers for products or services delivered under the NIEF?

ANSWER: The identification of conflicts of interest is a fact-specific inquiry. Organizational Conflict of Interest (OCI) determinations must be based on "hard facts" that indicate the existence or potential existence of a conflict; mere inference or suspicion of an actual or potential conflict is not enough. At this time the government does not have specific "hard facts" to determine if any particular offeror has an existing, or potential for an OCI. Therefore, no offeror will be precluded from submitting a bid on this contract.

If the Contracting Officer determines an apparent successful offeror has a conflict that cannot be avoided or mitigated, the Contracting Officer will either: (1) notify and advise the contractor of the conflict and allow the contractor to address the conflict; (2) withhold the award, if after notifying the contractor, the Contracting Officer concludes that the conflict cannot be resolved; or (3) submit a request to waive the conflict per FAR § 9.504(e).

If an offeror is aware it has an existing OCI, or the potential for an OCI, it is encouraged to notify the Contracting Officer and submit an OCI mitigation plan for review along with its proposal. In accordance with the RFP Clause H-TXT-06 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2017), the mitigation plan will be reviewed by the Government and determined to be acceptable or not acceptable.

This clause shall remain in effect at the task order level.

2) On page 53 of 121, under Section H, H-TXT-02 ORGANIZATIONAL CONFLICT OF INTEREST (SYSTEMS ENGINEERING) (JUN 2017) section (d) states “The Contractor further agrees that it will not perform engineering services and technical support of the type described in the SOW for any product it has designed, developed, or manufactured in whole or in part. The Contractor further agrees to notify the

Contracting Officer should it be tasked to conduct engineering and technical support on such products and to take no action until directed to do so by the Contracting Officer”

Prime Contract holders and Subcontractors under N66001-15-D-0262 are responsible for providing systems engineering evaluation on the production racks that TACNET will conduct SW installation and System Operational and Verification Testing.

FAR Subpart 9.5, Organizational Conflict of Interest, states that an OCI exists when a contractor evaluates its own offers for products or services.

Will the Government please clarify if Prime Contract holders and Subcontractors under N66001-15-D-0262 are precluded from bidding against this solicitation since they will be testing equipment that they have engineered or approved under performance of N66001-15-D-0262?

ANSWER: See the response to Question 1.

3) On page 54 of 121 under H-TXT-03 ORGANIZATIONAL CONFLICT OF INTEREST (SPECIFICATION PREPARATION) (JUN 2017) section (a) This contract, in whole or in part, provides for the Contractor to draft and/or furnish specifications in support of TACNET systems. Further, this contract may task the Contractor to prepare or assist in preparing work statements that directly, predictably and without delay are used in future competitive acquisitions in support of TACNET systems. The parties recognize that by the Contractor providing this support a potential conflict of interest arises as defined by

FAR 9.505-2.

Under performance of the resultant contract, TACNET ISEA will develop specifications that SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts will bid against.

Prime Contract holders and Subcontractors under performance of the SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12-D-0033 are required to perform the design, development and manufacturing of the systems for specifications developed under performance of the TACNET Contract.

FAR Subpart 9.5, Organizational Conflict of Interest, states that an OCI exists when a contractor prepares and furnishes specifications, to be used in a competitive acquisition, they will bid or furnish those items as a prime contractor or as a subcontractor.

Will the Government please clarify if Prime Contract holders and Subcontractors under the SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12-D-0033 will be precluded from bidding against specifications developed under performance of the resultant contract given their role as either a Prime Contract holder or Subcontractor under the TACNET ISEA contract will provide them with an unfair competitive advantage and FAR Subpart 9.505-2, Preparing specifications or work statements, (a)(1) states, “If a contractor prepares and furnishes complete specifications covering non-developmental items, to be used in a competitive acquisition, that contractor shall not be allowed to furnish these items, either as a prime contractor or as a subcontractor, for a reasonable period of time including, at least, the duration of the initial production contract.”

4) On page 54 of 121 under H-TXT-04 ORGANIZATIONAL CONFLICT OF INTEREST (ACCESS TO PROPRIETARY INFORMATION) (JUN 2017) (a) This contract provides for the Contractor to provide technical evaluation and/or advisory and assistance services in support of TACNET systems. The parties recognize that by the Contractor providing this support a potential conflict of interest arises as described by FAR 9.505-3 and FAR 9.505-4.

SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12- D-0033 covers and is part of the TACNET Program, Prime Contract holders and Subcontractors under performance of the NIEF MACs are required to perform the design, development and manufacturing of to the systems for ADNS that will be evaluated under the TACNET ISEA program. FAR Subpart 9.5, Organizational Conflict of Interest, states that an OCI exists when a contractor evaluates its own offers for products or services.

Will the Government please clarify if Prime Contract holders and Subcontractors under SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12-D-0033 are precluded from bidding against this solicitation since they will be in a position evaluate its own offers for products or services delivered under the NIEF?

5) On page 54 of 121 under H-TXT-04 ORGANIZATIONAL CONFLICT OF INTEREST (ACCESS TO PROPRIETARY INFORMATION) (JUN 2017) (a) This contract provides for the Contractor to provide technical evaluation and/or advisory and assistance services in support of TACNET systems. The parties recognize that by the Contractor providing this support a potential conflict of interest arises as described by FAR 9.505-3 and FAR 9.505-4.

Prime Contract holders and Subcontractors under N66001-15-D-0262 are responsible for responsible for providing systems engineering evaluation on the production racks that TACNET will conduct SW installation and System Operational and Verification Testing. Essentially Contractors would be testing equipment that they have engineered or approved.

FAR Subpart 9.5, Organizational Conflict of Interest, states that an OCI exists when a contractor evaluates its own offers for products or services.

Will the Government please clarify if Prime Contract holders and Subcontractors under N66001-15-D-0262 are precluded from bidding against this solicitation since they will be testing equipment that they have engineered or approved under performance of N66001-15-D-0262?

6) On Page 55 of 12 under H-TXT-05 EXISTING ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2017) under (a) Definitions (2) “Supplier” means a firm, or a firm’s subsidiaries, its parent corporation or subsidiary of the parent corporation, that is engaged in, or having a known prospective interest in the furnishing of TACNET systems in support of which, tasks will be performed under this contract.

SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12- D-0033 covers and is part of the TACNET Program, Prime Contract holders and Subcontractors under performance of the NIEF MACs are required to perform the design, development and manufacturing of the ADNS systems.

Will the Government please clarify if SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12-D-0033 holders and subcontractors have an Existing OCI?

ANSWER: In accordance with the contracts OCI clause, OCI is determined at the task order level. Neither the contractors nor the Government have identified any OCIs to date.

7) On Page 55 of 12 under H-TXT-05 EXISTING ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2017) under (a) Definitions (2) “Supplier” means a firm, or a firm’s subsidiaries, its parent corporation or subsidiary of the parent corporation, that is engaged in, or having a known prospective interest in the furnishing of TACNET systems in support of which, tasks will be performed under this contract.

N66001-15-D-0262 Prime Contract Holders and Subcontractors for this single award contract are responsible for the integration and evaluation of CANES production racks.

Will the Government please clarify if N66001-15-D-0262 Prime Contract holders and subcontractors have an Existing OCI?

ANSWER: See response to Question 6.

8) On bottom of page 55 and starting on page 56 of 121 under H-TXT-06 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2017) section (b) “b) The Contracting Officer has determined that potentially significant organizational conflicts of interest may arise due to the nature of the work the Contractor will perform under this contract that may preclude the Contractor from being awarded future SPAWAR contracts in a related area. Whereas the Contractor has agreed to undertake this contract to provide “support services”, it is agreed that the Contractor shall be ineligible to act as a prime contractor, consultant, or subcontractor to any prime contractor or subcontractor at any tier who is to supply the services, system or major components thereof for any project where the Contractor has provided or is providing support as described in FAR 9.505-1 through 9.505-4.”

SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12- D-0033 and subcontractors supply services and systems for the ADNS program (a major component of this solicitation). SSCPAC Code 41 NIEF Multiple Award Contracts holders and subcontractors have a prospective interest in in the furnishing of TACNET system in support of tasks to be performed on this contract.

Will the Government please clarify if an award of this contract will preclude SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12-D-0033 and subcontractors from continued performance under their SSCPAC Code 41 NIEF Multiple Award Contracts.

ANSWER: Upon award of this contract, the contractors of said contracts or the Government may identify an OCI, and the Government will request a mitigation plan for review and acceptability.

9) Will the Government please clarify if SSCPAC Code 41 NIEF ADNS Production Multiple Award Contracts N66001-12-D-0036 and N66001-12-D-0033 and subcontractors will be precluded from receiving an award against this solicitation?

ANSWER: See response to Question 8.

10) On bottom of page 55 and starting on page 56 of 121 under H-TXT-06 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2017) section (b) “b) The Contracting Officer has determined that potentially significant organizational conflicts of interest may arise due to the nature of the work the Contractor will perform under this contract that may preclude the Contractor from being awarded future SPAWAR contracts in a related area. Whereas the Contractor has agreed to undertake this contract to provide “support services”, it is agreed that the Contractor shall be ineligible to act as a prime contractor, consultant, or subcontractor to any prime contractor or subcontractor at any tier who is to supply the services, system or major components thereof for any project where the Contractor has provided or is providing support as described in FAR 9.505-1 through 9.505-4.”

N66001-15-D-0262 Prime Contract holder and their subcontractors under this single award contract provide “support services” as defined in (a) to the legacy, ADNS, SubLAN and CANES systems and delivery major components for these systems. N66001-15-D-0262 Prime Contract holder and their subcontractors have a prospective interest in in the furnishing of TACNET system in support of tasks to be performed on this contract.

Will the Government please clarify if an award of this contract will preclude N66001-15-D-0262 Prime Contract holder and their subcontractors from continued performance under the N66001-15-D-0262 Contract.

11) Will the Government please clarify if N66001-15-D-0262 Prime Contract holder and their subcontractors will be precluded from receiving an award against this solicitation?

12) On Page 119 of 121, Section M Evaluation Criteria, Step 2: Cost states “When a cost realism analysis is performed, the resulting realistic cost estimate will be used in the evaluation. Cost realism analysis may be limited to those offerors whose proposals represent the most likely candidate for award, based on the Government's technical evaluation and the offeror’s proposed costs. In addition to easily identifiable cost adjustments, unrealistic cost proposals may result in a re-evaluation and concurrent rescoring of technical proposals. Such re-evaluation based on cost or realistic cost analysis could negatively impact the technical rating and ranking of the proposal.”

Offerors are not required to submit technical proposals.

Will the Government please identify the methodology it will use for the re-evaluation and concurrent rescoring of Organizational Experience and Past Performance?

ANSWER: The following language is hereby removed from the RFP: “In addition to easily identifiable cost adjustments, unrealistic cost proposals may result in a re-evaluation and concurrent rescoring of technical proposals. Such re-evaluation based on cost or realistic cost analysis could negatively impact the technical rating and ranking of the proposal.”

13) Under Attachment 3, Desired Personnel Qualifications, the desired relevant education for the Computer Analyst position and the Senior Logistics Engineer position are the same.

Will the Government please verify the desired relevant education for the Senior Logistics Engineer positon is correct?

ANSWER: The Relevant Education and Relevant Experience for Senior Logistics Engineer have been updated within Attachment 3 of the Solicitation as follows:

Senior Logistics Engineer - RELEVANT EDUCATION:

DELETE: (D )HS & 2 yrs of in an industry trade school or civilian college in electronics.

Completion of an appropriate military “A" school and completion of at least one appropriate military “B" or "C" school may be substituted for the two year requirement; Associate’s or higher in EE, CE, CS, TM, IS, IRM, IT or Physics.

REPLACE WITH: (D) Bachelors in CS, CE, TM, IS, IRM or IT.

Senior Logistics Engineer - RELEVANT EXPERIENCE:

DELETE: (D) 8 yrs recent NC4I(S) or other relevant experience in troubleshooting, maintenance, repair, installation and deinstallation of electronic systems, equipment, components, antennas, cables, cableways, waveguides and ducts, while using logic analyzers and digital oscilloscopes.

REPLACE WITH: 8 yrs recent NC4I(S) or other relevant experience in system fault analysis, life cycle maintenance and integrated logistics and products of major C4ISR. The Senior Logistics

Engineer functions encompass maintenance, supply, warehousing and logistics plans. The personnel will support formulation, policy planning, coordination, inspection, integrated logistics processes, acquisition and product support, asset visibility, material management and supervision.

14) Reference: Page 107, Item (c) (1)(2), On/Off-government Site LOE; 70% On-Government-Site, 30% Off-

Government Site - Will the government revisit the direction to bid the prescribed LOE at 70% on-government-site and 30% off-government-site? Prior TACNET RFPs have directed a 40% on-government-site and 60% off-government-site level of effort. Based on the increased hours for the follow-on contract and the anticipated LOE of ~250 staff, a 30% on-government-site LOE reflects a more realistic ability for the government to accommodate contractor staff and alleviates the need to provide 175 contractor staff (70% of 250) with government computer equipment, NMCI accounts, and government seats. The suggested 30% government/70% contractor split will result in bid costs that will be more closely aligned to execution.

ANSWER: The RFP percentages for government-site and government off-site are realistic and will remain the same.

15) Reference: Page 108, Section 2.3, Estimated Level of Effort and page 109, Section 2.4, Other Direct Cost- The LOE and ODC tables contain mathematical errors. The LOE hours by labor category do not match the Total Hours summaries. Additionally, the ODC Total Cost is $23,750,000, however, the values add to $23,500,000. Will the government correct these values and release an amendment?

ANSWER: The Government will correct the values, and the RFP will be updated accordingly.

16) Reference: Attachment 2, Rate Sheet, Sheet 2 Tab - Sheet 2 includes (K) (Key Personnel) on several labor categories. Will the government remove those key designations to correspond with Section L/M of the

RFP?

ANSWER: Yes. The Government will remove the key personnel on Attachment 2, and the RFP will be updated accordingly.

17) Section L, Factor II - Past Performance, on page 114 of the RFP details the requirements for the content of

Factor II of Volume III - Written Capability Information. Sub paragraph (b) explicitly states "(b) Offerors shall submit the most recent performance assessment from Contract Performance Assessment Reporting System (CPARS) for each reference." If a subcontractor teammate considers their CPARS to be proprietary information and will not provide it to the Prime contractor for inclusion in their submission of Volume III, Factor II, will the government allow the subcontractor teammate submit their CPARS in their proprietary submission to the government with a statement in the Prime contractor Volume III, Factor II, submission which references that the CPARS for that contract reference are in the subcontractor proprietary package?

ANSWER: The Government will allow the subcontractor to submit their CPARS in their proprietary submission.

18) Will the government allow a cover page and table of contents in the beginning of each proposal Volume that is not included in the page count for that Volume?

ANSWER: Yes, the Government will allow for the Prime and the subcontractor(s) a table of contents in the beginning of each proposal Volume along with a cover page not to exceed two pages that is not included in the page count for that Volume. The cover letter will not be used to evaluate the offeror’s technical capability or cost.

19) Section L, beginning on p. 106, provides comprehensive information for preparing the cost volume.

However, it does not specify geographical location of the work to be performed even though the incumbent performs the bulk of the work with personnel located in San Diego, CA but with a significant portion of the work performed by personnel located in the Norfolk, VA area. Should prospective bidders bid 100% of the work in San Diego, CA, or will the government specify a breakout of work to be performed in specific geographical locations?

ANSWER: In accordance with the RFP Section L, 2.1(e)(8) “For bidding purposes, offerors should assume that the Government place of performance is San Diego, CA.”

20) RFP p. 117, M-TXT-06 sub-para a) includes the following statement “One or more awards may be reserved for small business if one or more small business prime contractors are found to represent the best value to the Government in terms of both technical capability and cost reasonableness.” On page 101, Section L, FAR Clause 52.216-1 states that the type of contract contemplated is a single award IDIQ. If it is the Government’s intention to also award a small business contract, please provide additional information regarding the evaluation criteria and process for determining whether or not a portion of the proposed effort may be reserved for a small business prime.

ANSWER: The Government intends to award a single IDIQ contract. The following verbiage will be removed from the RFP: “One or more awards may be reserved for small business if one or more small business prime contractors are found to represent the best value to the Government in terms of both technical capability and cost reasonableness.”

21) When will the questions be answered? Will the proposal be extended for 2 weeks after responses are provided?

ANSWER: The Government does not intend to extend the proposal due date.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

L-TXT-12 - SUBMISSION OF PROPOSALS (COMPLEX) (JUN 2017)

In order to compete for the contract described in Sections A through J of this Request for Proposals (RFP), offerors must submit (1) an offer, (2) specified pricing information, and (3) written capability information. Proposals shall be prepared and submitted in three volumes, as follows, and in accordance with the requirements of solicitation provision "Submission of Electronic Proposals":

Volume I - Offer.

Volume II - Price/Cost Information.

Volume III - Written Capability Information.

Data previously submitted, if any, will not be used in the evaluation of your response to this RFP. Previously submitted data shall not, therefore, be included in your proposal "by reference." Proposals shall be prepared on standard 8 1/2" by 11" formatted pages with 1" minimum margins. Volumes I and II have no page limitations;

however, see paragraph 3.0 below for page limitations of Volume III. Do not submit any information that is not specifically requested by this solicitation. The type used shall be no smaller than Times New Roman, 10-point. For each factor, the Government will evaluate the specific content requested by this solicitation. Offerors may not circumvent page limitations by cross-referencing other sections of the proposal.

1.0 VOLUME I - OFFER. An offer must consist of the following:

(a) Standard Form 33, "Solicitation, Offer and Award," with blocks 14 through 18 completed by the offeror.

(1) No response is required for block 12. Regardless of any response provided in block 12, all offers submitted in response to this solicitation are deemed to be available for acceptance for a period of 240 calendar days from the solicitation due date/time.

(b) RFP Section B, "Supplies or Services and Prices/Costs," with estimated cost and proposed fee (if applicable) for each priced contract line item.

(c) RFP Section K, "Representations, Certifications and Other Statements of Offerors," completed by the offeror.

(1) Completion of annual representations and certifications via SAM is a requirement of solicitation provision 52.204-8, but it is not a sufficient response to Section K of the solicitation. All representations and certifications included in Section K must be completed, including DFARS provision 252.227-7017 which requires completion and signature even for a negative response.

(d) Statement of unconditional assent to all terms, conditions, and provisions included in the RFP.

(e) Acknowledgment of Amendments to the RFP (if any amendments are released).

The completion and submission to the Government of the above items will constitute the offer. The offer must communicate the unconditional assent to the terms and conditions in this RFP, including any attachments and documents incorporated by reference. Acceptance of the offer will create a binding contract between the parties. The failure or refusal to assent to any of the terms and conditions of this RFP or the imposition of additional conditions or any material omission by the offeror may constitute a deficiency which may make the offer unacceptable.

The only way to correct a deficiency would be through discussions (see FAR 15.306(d)). However, the Government may award a contract without discussions as permitted by FAR 15.306(a) and 52.215-1. Therefore, please do not submit an offer that takes exception to any term or condition of this RFP or imposes any additional condition or omits any required information, without first consulting with the Contracting Officer. The Government reserves the right to conduct discussions and to permit offerors to revise their proposals, if it is determined to be in the Government’s interest to do so.

If desired, an offeror may include a proposal cover letter, not to exceed two pages in length, in Volume I. It is not intended that the cover letter be an executive summary; rather it may include summary information, such as points of contact.

2.0 VOLUME II - PRICE/COST INFORMATION.

2.1 General Instructions. Submission of Volume II in accordance with this provision fulfills the requirement for a total compensation plan discussed in provision 52.222-46, Evaluation of Compensation for Professional Employees.

A separate total compensation plan is not required for either the prime contractor or any subcontractors. However, offerors’ proposals shall clearly identify the fringe rate as noted below. In preparing the cost proposal, it is required that the offeror breakout and identify separately for each year of the contract (with the first year period beginning on the estimated award date set forth in L-TXT-27) and on a cumulative basis for all five years, the following types of cost elements:

(a) Direct Labor - Identify the various labor categories and individual names (if known) intended for use under this contract including the number of labor hours, hourly labor rates, and total cost for each labor category proposed for each year of the contract. Do not submit average or composite rates for named individuals. The labor specified under this category shall only be for the prime contractor's direct labor and shall not include any subcontracted labor (see Subcontracts below). The straight time hourly rates shall use a forty-hour week for the conversion of salaried employees to the hourly basis and shall be exclusive of loading factors (e.g., vacation, sick leave, holidays, overhead, G&A, and fee).

(b) Fringe Benefits - If applicable and in accordance with the offeror’s accounting system, identify the current and/or projected fringe benefit rate(s) and total fringe benefit cost proposed and identify the various cost elements for which the fringe benefit rate is being applied. If the offeror’s fringe rate is blended with another indirect rate, the proposal shall segragate the percentage applicable to fringe benefits.

(c) Overhead - Identify the current and/or projected overhead rate(s) and total overhead cost proposed and identify the various cost elements for which overhead is applied. For bidding/proposal purposes, those offerors with different indirect rates for Government and contractor facilities must:

(1) Propose on-Government-site overhead rates (i.e., rates associated with performance at Government facilities) for 70% of the level of effort for each labor category specified in paragraph 2.3 below; and

(2) Propose off-Government-site overhead rates (i.e., rates associated with performance at contractor facilities) for 30% of the level of effort for each labor category specified in paragraph 2.3 below.

(d) Subcontracts

(1) Identification and Type of Subcontract – The offeror (Prime) shall provide a list of all subcontractors by name and specify the type of subcontract (e.g., CPFF, FFP or T&M). Subcontractors with an adequate accounting system for cost reimbursement type should be proposed CPFF. Subcontractors that do not have an adequate accounting system should be proposed as fixed price type (preferable) or T&M if the subcontractor requirements will not support fixed price. For each T&M subcontract proposed, the offeror shall explain in writing why no other contract type is appropriate.

(2) If subcontractors are proposed, submit the same detailed level of cost information as for the prime contractor. The subcontractor cost information can be submitted by the prime or the subcontractor may submit this information under separate cover directly to the Contracting Officer via the SPAWAR E- Commerce web site; see provision L-TXT-38.

(e) Other

(1) Direct Cost - Identify any other direct cost elements proposed which are not included above but are applicable to the cost proposal (e.g., royalties, special tooling, material, and travel). Include the basis for the proposed amount. The decision as to whether costs are handled as direct or indirect costs rests with the offeror, but shall be consistent with the offeror’s accounting system.

(2) Indirect Cost - Identify any other indirect cost element being proposed which has not been included above and identify the various cost elements for which the rate is applied. Advise if the rates proposed are in accordance with any Forward Pricing Rate Agreements and period of the agreements.

(3) General and Administrative - Identify the General and Administrative (G&A) rate(s) and the total G&A cost proposed and identify the various cost elements for which the G&A is being applied.

(4) Facilities Capital Cost of Money (FCCOM) - If FCCOM is proposed, submit a completed DD Form 1861 entitled "Contract Facilities Capital Cost of Money." Documentation supporting the computations shall be submitted with the form.

(5) Fee - Identify the fee rate and total amount proposed and identify the various cost elements on which the fee is being applied. Do not propose fee on FCCOM, Materials, Other Direct Costs (ODCs), or on any indirect costs that are applied to Materials and ODCs.

(6) The offeror and each subcontractor shall also complete and submit RFP Attachment 2, Rate Sheet, which includes direct labor rate, fringe benefit rate, and fully burdened rate information. This attachment includes instructions for completion.

(7) The cost breakdown shall indicate the offeror’s total proposed price for each year and the cumulative proposed price for all years. Any information submitted must support the cost proposed. Include sufficient detail or cross references to clearly establish the relationship of the information provided to the cost proposed. Support any information provided by explanations or supporting rationale, as needed, to permit the Contracting Officer and authorized representatives to evaluate the documentation.

(8) For bidding purposes, offerors should assume that the Government place of performance is San Diego, CA.

2.2 Key Personnel.

(a) There are no key personnel labor categories in this solicitation. Resumes are not required to be submitted and will not be evaluated if included in offeror proposals. Individual task orders may include key personnel and resume requirements.

2.3 Estimated Level of Effort.

(a) The quantities of labor hours for each labor category shown below, which are to be used by the offeror for computing total labor costs, represent the Government’s current best estimate of requirements. The Government, however, can guarantee neither the estimated quantities of man-hours shown for individual labor categories nor the total estimated staff hours. If the offeror does not propose the below level of effort, it may be considered unacceptable. It is recognized that some of the labor category titles used in the solicitation may not exactly match the titles normally used in a particular company operation. Accordingly, in order to permit a rapid comparison between the anticipated labor team shown below and the offeror’s actual labor mix, each proposal must provide the following:

(1) A statement of the offeror’s normally used nomenclature for each labor category included herein, together with a copy of the offeror’s position description for each labor category. “Desired Personnel Qualifications” are provided to offerors for use as a guide in the preparation of cost proposals. The qualifications identified in Attachment 3 represent the Government’s estimation of the knowledge and experience necessary for successful contract performance.

(2) A statement of any additional labor categories, estimated hours and related qualifications for labor cost that will be a direct cost based on the offeror’s accounting system (e.g., management and administrative labor costs).

(3) Subcontractor labor hours at all tiers should be shown in the same manner as described in paragraphs (1) and (2) above.

Labor Category Annual

Regular Hours Annual Overtime

Hours Yearly Total

Hours Program Manager 4,534 408 4,942 Project Manager 20,800 1,872 22,672 Sr. Systems Engineer 27,040 2,434 29,474 Systems Engineer 24,960 2,496 27,456 Sr. Network Engineer 68,640 6,178 74,818 Network Engineer 87,360 8,736 96,096 Jr. Network Engineer 93,600 9,360 102,960 Sr. Configuration Management Specialist 12,480 1,248 13,728

Jr. Configuration Management Specialist 20,800 2,080 22,880 Computer Analyst 22,880 2,288 25,168 Computer System Analyst 12,480 1,248 13,728 Sr. Computer System Analyst 12,480 1,248 13,728

Design Engineer (Electronic/Electrical) 2,267 227 2,494

Sr. Logistics Specialist 15,891 1,589 17,480 Sr. Logistics Engineer 16,640 1,498 18,138 Logistics Specialist 4,534 453 4,988 Technical Writer

14,560 1,456 16,016 Technical Typist

4,534 453 4,988 Inventory Management Specialist 18,720 1,872 20,592 Forklift Operator

4,160 416 4,576 Quality Assurance Analyst 4,160 416 4,576

TOTALS: 493,520 47,976 541,498

2.4 Other Direct Cost.

(a) The Government’s best estimate of Material and Other Direct Cost (ODC) items is set forth below. The

Government cannot guarantee either the amount for each category or the total estimated amount. If the offeror does not propose the below Materials and ODCs, it may be considered unacceptable. Additionally, these amounts do not include any provision for G&A expense or other loading factors. Offerors shall not propose fee on Materials and ODCs or on any indirect costs that are applied to Materials and ODCs.

Basic Period Option Period

COST CLINS Year 1 Year 2 Year 3 Year 4 Year 5 Total Cost

Material $2,200,000 $2,200,000 $2,200,000 $2,200,000 $2,200,000 $11,000,000

ODC $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $12,500,000

Total Cost $4,700,000 $4,700,000 $4,700,000 $4,700,000 $4,700,000 $23,500,000

(b) Offerors shall use the stated amounts in the preparation of cost proposals, except as stated in paragraphs (c) and

(d) below. For the COST Reimbursement CLINs, offerors shall propose amounts that are the sum of the Government estimated amount and any indirect cost applied to the Government estimated amount.

(c) If the offeror has reason to consider the amounts estimated by the Government are understated, the offeror shall notify the Contracting Officer in writing. The offeror shall provide a revised estimate and a detailed basis for the revision(s). If the Government finds the rationale to be sound/compelling, the Government will amend the solicitation accordingly. The same is true if the offeror considers the amount is overstated.

(d) If, based upon the offeror’s accounting system or disclosure statement, the offeror considers the amounts estimated by the Government to be overstated (e.g., an item is included as an element of an indirect expense pool), the offeror may reduce the amount(s). If such a reduction is made, the offeror, as part of the initial cost proposal, shall provide a detailed explanation/justification to substantiate the reduction. The Government reserves the right to adjust any assessment if the basis for the reduction is deemed to be unrealistic or inadequate.

(e) Failure of other direct cost categories/amounts, either as stated herein or proposed, to materialize during actual contract performance shall not constitute a constructive change to or breach of the contract and shall not form the basis for any fee adjustment whether pursuant to the changes clause or otherwise.

(f) Similarly, since Materials and ODCs are not fee bearing, if actual Materials and ODCs required for performance are in excess of those estimated or proposed, the difference shall not form the basis for any fee adjustment, whether pursuant to the changes clause or otherwise.

2.5 Uncompensated Overtime and Professional Employees.

Proposals that include hourly rates for exempt employees which are based on more than a 2,080 work-year shall be identified as Uncompensated Overtime as defined in the FAR 52.237-10 “Identification of Uncompensated Overtime” provision in this solicitation. If an offeror decides to include uncompensated effort in their proposal, the following requirements shall be met and reflected in the proposal:

(a) The offeror must have an established cost accounting system that is adequate for determining costs applicable to the contract, and that records all hours worked, including uncompensated hours, for all employees, and regardless of contract type. The Contracting Officer is required to make an affirmative determination regarding the adequacy of the offeror’s accounting system prior to award. If the Contracting Officer is unable to make such a determination, the offeror will be ineligible for contract award.

(b) Uncompensated hours, for all employees and regardless of contract type, shall be included in the offeror’s base for allocation of indirect costs and meet the requirements of Cost Accounting Standard (CAS) 418 “Allocation of Direct and Indirect Costs.”

(c) The proposal shall clearly identify hours of uncompensated effort proposed by labor category.

(d) The proposal shall clearly identify the amount of uncompensated effort that will be performed without supervision and without support personnel and shall assess the productivity of such effort. Additionally, clearly identify the means by which the offeror controls or schedules uncompensated overtime for its employees as well as where the uncompensated effort will be accomplished.

(e) The proposal shall describe the extent to which employees are required or encouraged to perform uncompensated effort and the impact the use of uncompensated effort has on work effectiveness.

(f) The proposal shall include a copy of the corporate policy addressing the uncompensated effort.

(g) The proposal shall include a separate, complete, cost breakdown, to the same level of detail as the breakdown supporting the cost proposal. The breakdown shall include direct labor rates for all direct labor categories based on the division by 2,080 of exempt employees actual annual salary, to represent a standard (as deemed by Fair Labor Standards Act) 40-hour week or 2,080 hour standard year. In addition, the breakdown shall include overhead rates and other costs based on employees working a standard 40-hour workweek or a 2,080 hour standard year.

(h) The requirements stated in paragraph (a) through (g) above shall be met for each subcontract which has uncompensated effort included in the proposal.

2.6 Cost Proposal Format.

Cost proposals shall be submitted in the following format:

(1) Prime Direct Labor Cost

(2) Prime Indirect Labor Cost (e.g., Overhead, Fringe, G&A)

(3) Total Prime Labor Cost (i.e., the sum of (1) and (2))

(4) Subcontractor Labor Cost

(5) Subcontractor Fee (for CPFF subcontracts)

(6) Total Subcontractor Labor Cost and Fee (i.e., the sum of (4) and (5))

(7) Prime Contractor Pass Through (e.g., Handling, G&A, etc. but not including fee) on Total Subcontractor Labor

Cost and Fee

(8) Total Subcontractor Labor Cost including Pass Through (i.e., the sum of (6) and (7))

(9) Total Labor Cost (i.e., the sum of (3) and (8))

(10) Material Costs as stated in section 2.4 of this provision.

(11) Any adders to Materials, such as G&A, Material Handeling or other loading factors

(12) Total Materials (i.e., the sum of 10 and 11)

(13) Other Direct Costs (ODCs) as stated in section 2.4 of this provision

(14) Any adders to ODCs such as G&A or other loading factors

(15) Total ODCs (i.e., the sum of (13) and (14))

(16) Total Cost (i.e., the sum of (9), (12) and (15))

(17) Prime contractor fee on Total Prime Labor Cost

(18) Prime contractor fee on Total Subcontractor Labor Cost including Pass Through

(19) Total Fixed Fee (i.e., the sum of (17) and (18))

(20) Total Cost Plus Fixed Fee (CPFF) (i.e., the sum of (16) and (19))

2.7 Corporate Cost Information.

Submit the following information as part of the proposal, Volume II, Price/Cost Information:

(a) Copies of the most current Forward Pricing Rate Agreement (FPRA) and/or DCAA audit report for the offeror’s/subcontractor’s direct labor and indirect rates.

(b) Accounting system adequacy documentation as follows:

(1) Unless the company has never been audited by DCAA, include a copy of the most current report that includes the cognizant DCAA office’s review of the contractor’s/subcontractor’s accounting system. If the most current information is provided in either of the reports required in section (a) directly above, the offeror does not have to provide an additional copy. Repetition of the same information is not necessary.

(2) If the accounting system has not yet been recommended as adequate by DCMA or DCAA, please provide the name of the accounting system the contractor/subcontractor will use in regards to this requirement as well as the below additional information.

a. Please describe how the accounting system provides for segregation of direct costs from indirect costs.

b. Please describe how the accounting system provides for identification and accumulation of direct costs by contract.

c. Please describe how the accounting system provides a logical and consistent method for allocation of indirect costs to intermediate and final cost objectives (a contract is a final cost objective).

d. Please describe how the accounting system provides for accumulation of costs under general ledger control.

e. Please describe how the accounting system provides a timekeeping system that identifies employees’ labor by intermediate and final cost objectives.

f. Please describe how the accounting system provides for a labor distribution system that charges direct and indirect labor to the appropriate cost objectives.

g. Please describe how the accounting system provides interim (at least monthly) determination of costs charged to a contract through routine posting of books of account.

h. Please describe how the accounting system excludes from costs charged to government contracts amounts which are not allowable as defined in Federal Acquisition Regulation (FAR) Part 31, Contract Cost Principles and Procedures, or other contract provisions.

i. Please describe how the accounting system provides for identification of costs by contract line item and by units (as if each unit or line item were a separate contract) if required by the proposed contract.

j. Please describe how the accounting system provides for segregation of preproduction costs from production costs.

k. Please describe how the accounting system provides financial information required by contract clauses concerning limitation of cost (e.g., FAR 52. 232‐20) or limitation on payments (e.g., FAR 52.232‐16).

l. Please describe how the accounting system provides financial information required to support requests for progress payments.

m. Please describe how the accounting system is designed, including how records are maintained, to ensure adequate, reliable data are developed for use in pricing follow‐on acquisitions.

n. Please describe whether the accounting system is currently in full operation. If not, please describe which portions are in operation, whether the system is set up but not in operation, and when operation is anticipated.

o. If the accounting system has been independently audited by an outside auditing agency for compliance with Generally Accepted Accounting Principles (GAAP), please provide the date and the documentation supporting the determination of compliance.

(3) Please provide a copy of the most current report that includes the cognizant DCMA office’s review of the contractor’s Cost Estimating System. If the most current information is provided in either of the reports required in section (a) or (b) directly above, the offeror does not have to provide an additional copy.

Repetition of the same information is not necessary.

(4) Please provide a copy of the most current report that includes the cognizant DCMA office’s review of the contractor’s/subcontractor’s Purchasing System. If the most current information is provided in either of the reports required in section (a) or (b) directly above, the offeror does not have to provide an additional copy.

Repetition of the same information is not necessary.

(c) In order to verify the realism of the offeror’s/subcontractor’s proposed direct labor costs, offeror’s/subcontractor’s shall submit documentation substantiating the accuracy of its proposed direct labor rates for all labor categories. Acceptable documentation includes the following:

(1) Most recent payroll run (for named, current employees);

(2) Copies of signed Letters of Intent that indicate agreed upon annual salary (for named, new hires);

(3)…