15-R-0031_RFP_Amendment.docx
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- Attached to
- Personnel Security (PERSEC) Medical Evaluations Federal contract opportunity
- Solicitation number
- N6893615R0031
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15-R-0031 RFP Amendment
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| File | Type | Posted |
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| 15-R-0031_Award_Synopsis.doc | DOC document | |
| Attachment_2_-_Offer_Cost_Spreadsheet_.xls | XLS spreadsheet | |
| 15-R-0031_RFP_Solicitation.docx | DOCX document | |
| CDRL's.doc | DOC document | |
| Past_Performance_Questionnaire.doc | DOC document | |
| QASP.doc | DOC document | |
| Offeror_Cost_Spreadsheet.xls | XLS spreadsheet |
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N68936-15-R-0031
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
The following items are applicable to this modification:
SUMMARY OF CHANGE
SECTION A - SOLICITATION/CONTRACT FORM
The required response date/time has changed from 14-Sep-2015 03:00 PM to 16-Sep-2015 03:00 PM.
The following have been added by full text:
QUESTIONS & ANSWERS
Question 1: Page 3, Section B – Supplies or Services and Prices. Is CLIN 001, where we would include pricing for time spent reading your file and for discussing the case with Navy Personnel?
Answer 1: Yes. CLIN 001 would be the appropriate CLIN for charging time (labor) in support of this requirement.
Question 2: Page 3, Section B – Supplies or Services and Prices. How much time do we need to plan for meeting with local personnel to discuss cases prior to performing the evaluations and after?
Answer 2: Typically, all information is contained in the case file and detailed discussions are not initially required as detailed direction is provided in writing with a specific request to evaluate the following individual for (condition listed). Initial information and requests for services are initiated via telephone. Since all requests for service are completed in writing and Clinician responses and results are provided in writing, it is not commonplace to require discussions with local Security personnel. If questions arise by either party, telephonic communications are initiated and typically sufficient.
Question 3: Page 10, Section C – Performance Work Statement. Paragraph 3.3.1. Can the Clinician decide when to administer psychological tests and which to perform?
Answer 3: Yes, with prior approval, the Clinician can decide when to administer psychological tests and which tests to perform unless otherwise directed by the COR, TPOC, or ATPOC. Clinicians are given specific direction in writing as to the nature of the evaluation required with each request for service. As stated in the PWS paragraph 3.3.1, the contractor may administer additional tests upon request and approval by the COR, TPOC, or ATPOC. The Navy reserves the right to decide if tests by the Clinician are unnecessary, excessive, or inappropriate.
Question 4: Page 10, Section C – Performance Work Statement. Paragraph 3.3.1. Can the Clinician administer laboratory tests which provide evidence that the patient has or has not been consuming alcohol (e.g., GGT, ETG)? And, if so, under what CLIN are these tests reimbursable?
Answer 4: No. Drug testing is outside the scope of this solicitation.
Question 5: Page 10, Section C – Performance Work Statement 3.3.2. How thick is a file (on average) per individual?
Answer 5: A case file can range from 20 pages to 2 complete file folders. An average case file contains approximately 100 pages.
Question 6: Page 10, Section C – Performance Work Statement 3.3.2. Will we be expected to take time to read the file while there or can it be mailed to us in advance?
Answer 6: The Clinician will not be required to review the file until it is physically in their possession. Case files are delivered in person to the Clinician’s local business location or is picked up by the Clinician or their designated staff, in person from the Security Department Office located on base at China Lake.
Question 7: Page 10, Section C – Performance Work Statement 3.3.2. Is the Clinician permitted to conduct collateral interviews (e.g., wives or parents, etc.)?
Answer 7: Collateral interviews are outside the scope of this solicitation.
Question 8: Page 10, Section C – Performance Work Statement 3.3.2. Can we decide whether our Psychiatrist or Psychologist will do a particular evaluation? Or, is that decision made by your office?
Answer 8: The Clinician will decide who best to conduct the evaluation unless specifically requested otherwise by the COR, TPOC, or ATPOC. However, based on history there is a greater need for a Psychologist than a Psychiatrist. That is why the solicitation called for 165 hours/year for a Psychologist and 15 hours/year for a Psychiatrist.
Question 9: Page 12, Section C – Performance Work Statement 3.5 Time Frame. Will we be allowed to schedule our visits every two weeks or will the clinicians have to actually conduct the evaluation within five days?
Answer 9: Evaluations are required to be started within 5 working days, based on the NAWCWD work schedule which uses a compressed work schedule that provides for every other Friday as a scheduled day off. Conducting evaluations 2 weeks after the request for service does not meet the start date requirement.
Question 10: Page 14, Section C – Performance Work Statement 4.2 License. The California Board of Psychology has stated, "Section 2912 of the California Business and Professions Code allows persons who are licensed as a psychologist at the doctoral level in another state to perform psychological services in California for up to 30 days in any calendar year. There is no need to obtain a temporary license". Is this acceptable to NAWCWD in lieu of an actual California license? This exception is for the express purposes of teaching, providing workshops, and conducting forensic evaluations such as is being discussed here. This would be used for our "back-up" Psychologist.
Answer 10: If the Clinician is licensed in another state, and meets the educational and experiential requirements of paragraph 4.2 of the PWS and is legally allowed to practice in California to conduct this type of Medical Evaluation, then the requirement is satisfied.
Question 11: Page 14, Section C – Performance Work Statement 5.2. Where will the Administrative Hearings be held? Can we arrange to do them via Video teleconference (VTC)?
Answer 11: Administrative Hearings are held in Westlake, California. The presiding authority may authorize a VTC for the Clinician. To date, a Clinician has never been asked to appear at the Administrative Hearing in lieu of their Medical Evaluations for NAWCWD employees.
Question 12: Page 15, Section C – Performance Work Statement 7.0. Will we be reimbursed for airfare from CA or NM to China Lake?
Answer 12: Airfare will not be reimbursed for any travel to or from the local area of service at China Lake. The only travel anticipated to be performed by the contractor during the performanc of this requirement is from China Lake (origin) to Point Mugu (destination). Currently, there is no commercial air service from China Lake to Point Mugu. Automotive transportation is the only travel method known at this time. Transportation, lodging, and per diem costs associated with travel to Point Mugu from China Lake are chargeable to CLINs 0001, 0005, and 0009 and reimbursed at rates authorized in accordance with the Joint Travel Regulation (JTR). Please see Section L, L -1 CONTENT OF PROPOSALS, Part B – SPECIFIC INSTRUCTIONS, 2.0 VOLUME 1: TECHNICAL, 2.1 Understanding of the Work, about providing PWS tasks within the local commuting areas.
Question 13: Page 15, Section C – Performance Work Statement 7.0. Can we charge for clinician travel time?
Answer 13: Clinician travel time is not directly reimbursable. Per diem rates are established geographically and are reimbursable only for travel conducted from China Lake to Point Mugu when required and approved by the COR, TPOC, or ATPOC.
Question 14: Page 52, 5252.228-9501 Liability Insurance (NAVAIR) (MAR 1999). Paragraphs A & D. For the Automobile Insurance and Aircraft public and passenger, liability the question is: Must the contractor provide the insurance or can each employee/person cover themselves? For example to raise our limits on our personal automobile insurance will cost us $150.00 a year.
Answer 14: This clause no longer applies and has been removed from the solicitation. This clause only applies if there is cost type Contract Line Item Number (CLIN) in this solicitation. All cost type CLINs are no longer valid. Travel requirement has been combined with the labor CLINs 0001, 0005, and 0009, which are Time and Materials (T&M) type.
Question 15: Page 4 of Attachment 1 – QASP, Data Performance Standards. What errors will require a re-write? Spelling and grammatical errors, or factual misrepresentations such as dates?
Answer 15: Spelling and grammatical errors are not cause for re-write.
SECTION B - SUPPLIES OR SERVICES AND PRICES
CLIN 0001
The CLIN extended description has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 180 |
| Hours |
Labor, Base Year T&M The Contractor shall provide medical evaluation services in accordance with Section C of the Performance Work Statement. The fully burdened hourly rate of a Psychologist is _____________. The fully burdened hourly rate of a Psychiatrist is ______________.
To:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Labor, Base Year
The Contractor shall provide medical evaluation services in accordance with Section C of the Performance Work Statement. The required labor categories, unknown medical tests, and travel are as follow:
Labor Category Est. Annual Hours Fully Burden Hourly Rate
Psychologist 165 hours $___________/hour*
Psychiatrist 15 hours $___________/hour*
Travel $____________*. General and Administrative may be applied to travel cost, however, travel costs are NOT fee bearing.
Various unknown medical tests $_____________* NOTE: *To be completed by Offeror
CLIN 0002
The pricing detail quantity and unit of issue has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 60 |
| Each |
Medical Tests, Base Year
FFP
The Contractor shall provide medical tests in accordance with Section C of the Performance Work Statement.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Medical Tests, Base Year
The Contractor shall provide medical tests in accordance with Section C of the Performance Work Statement.
CLIN 0003
The contract type COST has been deleted.
The CLIN description has changed from Travel, Base Year to No Longer Valid.
The CLIN extended description has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Travel, Base Year
COST
The Contractor will provide travel in accordance with Section C of the Performance Work Statement.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
No Longer Valid
No longer valid.
CLIN 0005
The CLIN extended description has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 180 |
| Hours |
| OPTION |
| Labor, Option Year 1 |
The Contractor shall provide medical evaluation services in accordance with Section C of the Performance Work Statement. The fully burdened hourly rate of a Psychologist is _____________. The fully burdened hourly rate of a Psychiatrist is ______________.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Labor, Option Year 1 |
T&M The Contractor shall provide medical evaluation services in accordance with Section C of the Performance Work Statement. The required labor categories, unknown medical tests, and travel are as follow:
Labor Category Est. Annual Hours Fully Burden Hourly Rate
Psychologist 165 hours $___________/hour*
Psychiatrist 15 hours $___________/hour* Travel $____________*. General and Administrative may be applied to travel cost, however, travel costs are NOT fee bearing.
CLIN 0006
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 60 |
| Each |
| OPTION |
| Medical Tests, Option Year 1 |
The Contractor shall provide medical tests in accordance with Section C of the Performance Work Statement.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Medical Tests, Option Year 1 |
The Contractor shall provide medical tests in accordance with Section C of the Performance Work Statement.
CLIN 0007
The CLIN description has changed from Travel, Option Year 1 to No Longer Valid.
The CLIN extended description has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Travel, Option Year 1 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
No Longer Valid
CLIN 0009
The CLIN extended description has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 180 |
| Hours |
| OPTION |
| Labor, Option Year 2 |
The Contractor shall provide medical evaluation services in accordance with Section C of the Performance Work Statement. The fully burdened hourly rate of a Psychologist is _____________. The fully burdened hourly rate of a Psychiatrist is ______________.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Labor, Option Year 2 |
T&M The Contractor shall provide medical evaluation services in accordance with Section C of the Performance Work Statement. The required labor categories, unknown medical tests, and travel are as follow:
Labor Category Est. Annual Hours Fully Burden Hourly Rate
Psychologist 165 hours $___________/hour*
Psychiatrist 15 hours $___________/hour* Travel $____________*. General and Administrative may be applied to travel cost, however, travel costs are NOT fee bearing.
CLIN 0010
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 60 |
| Each |
| OPTION |
| Medical Tests, Option Year 2 |
The Contractor shall provide medical tests in accordance with Section C of the Performance Work Statement.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Medical Tests, Option Year 2 |
The Contractor shall provide medical tests in accordance with Section C of the Performance Work Statement.
CLIN 0011
The CLIN description has changed from Travel, Option Year 2 to No Longer Valid.
The CLIN extended description has changed
From:
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Travel, Option Year 2 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
No Longer Valid
SECTION F - DELIVERIES OR PERFORMANCE
The following have been deleted:
| 52.242-15 Alt I |
| Stop-Work Order (Aug 1989) - Alternate I |
| APR 1984 |
SECTION G - CONTRACT ADMINISTRATION DATA
| 5252.201-9501 | DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)(NAVAIR) (SEP 2012) |
| (a) The Contracting Officer has designated [insert name, mailing address, code, and telephone number -- *] as the authorized Contracting Officer’s Representative (COR) to perform the following functions, duties, and/or responsibilities:.[Insert functions, duties, and/or responsibilities of the COR -- *] | |
| (b) The effective period of the COR designation is the period of performance of this contract. |
*To be completed at contract award.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
| 5252.228-9501 |
| Liability Insurance |
| MAR 1999 |
SECTION I - CONTRACT CLAUSES
The following have been added by reference:
| 52.232-11 |
| Extras |
| APR 1984 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JAN 2011 |
| 252.227-7030 |
| Technical Data--Withholding Of Payment |
| MAR 2000 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.227-7013 | RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014) | ||||
| (a) Definitions. As used in this clause: | |||||
| (1) “Computer data base” means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software. | |||||
| (2) “Computer program” means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations. | |||||
| (3) “Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation. | |||||
| (4) “Computer software documentation” means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. | |||||
| (5) “Covered Government support contractor” means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor— | |||||
| (i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and | |||||
| (ii) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. | |||||
| (6) “Detailed manufacturing or process data” means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process. | |||||
| (7) “Developed” means that an item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended. Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art. To be considered “developed”, the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code. | |||||
| (8) “Developed exclusively at private expense” means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof. | |||||
| (i) Private expense determinations should be made at the lowest practicable level. | |||||
| (ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense. | |||||
| (9) “Developed exclusively with government funds” means development was not accomplished exclusively or partially at private expense. | |||||
| (10) “Developed with mixed funding” means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract. | |||||
| (11) “Form, fit, and function data” means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items. | |||||
| (12) “Government purpose” means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so. | |||||
| (13) “Government purpose rights” means the rights to-- | |||||
| (i) Use, modify, reproduce, release, perform, display, or disclose technical data within the Government without restriction; and | |||||
| (ii) Release or disclose technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for United States government purposes. | |||||
| (14) “Limited rights” means the rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical data to be used by another party, except that the Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside the Government if-- | |||||
| (i) The reproduction, release, disclosure, or use is-- | |||||
| (A) Necessary for emergency repair and overhaul; or | |||||
| (B) A release or disclosure to-- | |||||
| (1) A covered Government support contractor in performance of its covered Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or | |||||
| (2) A foreign government, of technical data other than detailed manufacturing or process data, when use of such data by the foreign government is in the interest of the Government and is required for evaluational or informational purposes; | |||||
| (ii) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, or use of the technical data; and | |||||
| (iii) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, or use. | |||||
| (15) “Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information. | |||||
| (16) “Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclose technical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so. | |||||
| (b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation (see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause of this contract for rights in computer software documentation): | |||||
| (1) Unlimited rights. The Government shall have unlimited rights in technical data that are-- | |||||
| (i) Data pertaining to an item, component, or process which has been or will be developed exclusively with Government funds; | |||||
| (ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similar work was specified as an element of performance; | |||||
| (iii) Created exclusively with Government funds in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes; | |||||
| (iv) Form, fit, and function data; | |||||
| (v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data); | |||||
| (vi) Corrections or changes to technical data furnished to the Contractor by the Government; | |||||
| (vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party; | |||||
| (viii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or | |||||
| (ix) Data furnished to the Government, under this or any other Government contract or subcontract there under, with-- | |||||
| (A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or | |||||
| (B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes has expired. | |||||
| (2) Government purpose rights. | |||||
| (i) The Government shall have government purpose rights for a five-year period, or such other period as may be negotiated, in technical data-- | |||||
| (A) That pertain to items, components, or processes developed with mixed funding except when the Government is entitled to unlimited rights in such data as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause; or | |||||
| (B) Created with mixed funding in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes. | |||||
| (ii) The five-year period, or such other period as may have been negotiated, shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the items, components, or processes or creation of the data described in paragraph (b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rights in the technical data. | |||||
| (iii) The Government shall not release or disclose technical data in which it has government purpose rights unless-- | |||||
| (A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or | |||||
| (B) The recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. | |||||
| (iv) The Contractor has the exclusive right, including the right to license others, to use technical data in which the Government has obtained government purpose rights under this contract for any commercial purpose during the time period specified in the government purpose rights legend prescribed in paragraph (f)(2) of this clause. | |||||
| (3) Limited rights. | |||||
| (i) Except as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause, the Government shall have limited rights in technical data-- | |||||
| (A) Pertaining to items, components, or processes developed exclusively at private expense and marked with the limited rights legend prescribed in paragraph (f) of this clause; or | |||||
| (B) Created exclusively at private expense in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes. | |||||
| (ii) The Government shall require a recipient of limited rights data for emergency repair or overhaul to destroy the data and all copies in its possession promptly following completion of the emergency repair/overhaul and to notify the Contractor that the data have been destroyed. | |||||
| (iii) The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data furnished to the Government with limited rights. However, if the Government desires to obtain additional rights in technical data in which it has limited rights, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All technical data in which the Contractor has granted the Government additional rights shall be listed or described in a license agreement made part of the contract. The license shall enumerate the additional rights granted the Government in such data. * | |||||
| (iv) The Contractor acknowledges that-- | |||||
| (A) Limited rights data is authorized to be released or disclosed to covered Government support contractors; | |||||
| (B) The Contractor will be notified of such release or disclosure; | |||||
| (C) The Contractor (or the party asserting restrictions as identified in the limited rights legend) may require each such covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support contractor's use of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and | |||||
| (D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor's use of the limited rights data as set forth in the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement. | |||||
| (4) Specifically negotiated license rights. The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) of this clause, including the period during which the Government shall have government purpose rights in technical data, may be modified by mutual agreement to provide such rights as the parties consider appropriate but shall not provide the Government lesser rights than are enumerated in paragraph (a)(14) of this clause. Any rights so negotiated shall be identified in a license agreement made part of this contract. | |||||
| (5) Prior government rights. Technical data that will be delivered, furnished, or otherwise provided to the Government under this contract, in which the Government has previously obtained rights shall be delivered, furnished, or provided with the pre-existing rights, unless-- | |||||
| (i) The parties have agreed otherwise; or | |||||
| (ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose the data have expired or no longer apply. | |||||
| (6) Release from liability. The Contractor agrees to release the Government from liability for any release or disclosure of technical data made in accordance with paragraph (a)(14) or (b)(2)(iii) of this clause, in accordance with the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom the recipient has released or disclosed the data and to seek relief solely from the party who has improperly used, modified, reproduced, released, performed, displayed, or disclosed Contractor data marked with restrictive legends. | |||||
| (c) Contractor rights in technical data. All rights not granted to the Government are retained by the Contractor. | |||||
| (d) Third party copyrighted data. The Contractor shall not, without the written approval of the Contracting Officer, incorporate any copyrighted data in the technical data to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses in the deliverable data of the appropriate scope set forth in paragraph (b) of this clause, and has affixed a statement of the license or licenses obtained on behalf of the Government and other persons to the data transmittal document. | |||||
| (e) Identification and delivery of data to be furnished with restrictions on use, release, or disclosure. | |||||
| (1) This paragraph does not apply to restrictions based solely on copyright. | |||||
| (2) Except as provided in paragraph (e)(3) of this clause, technical data that the Contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the Attachment). The Contractor shall not deliver any data with restrictive markings unless the data are listed on the Attachment. | |||||
| (3) In addition to the assertions made in the Attachment, other assertions may be identified after award when based on new information or inadvertent omissions unless the inadvertent omissions would have materially affected the source selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soon as practicable prior to the scheduled date for delivery of the data, in the following format, and signed by an official authorized to contractually obligate the Contractor: |
Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data.
The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data should be restricted--
| Technical data |
| Basis for |
| Asserted |
| Name of |
| to be furnished |
| assertion |
| rights |
| person |
with restrictions
| category |
| asserting |
restrictions
| (LIST) |
| (LIST) |
| (LIST) |
| (LIST)..... |
| (1) |
| (2) |
| (3) |
| (4) |
| (1) If the assertion is applicable to items, components or processes developed at private expense, identify both the data and each such item, component, or process. |
| (2) Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted. |
| (3) Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses). |
| (4) Corporation, individual, or other person, as appropriate. |
| Date __________________________________________ |
| Printed Name and Title ________________________ |
| Signature _____________________________________ |
(End of identification and assertion)
| (4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to enable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the right to add the Contractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance with the procedures of the Validation of Restrictive Markings on Technical Data clause of this contract. | |
| (f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data to be delivered under this contract by marking the deliverable data subject to restriction. Except as provided in paragraph (f)(5) of this clause, only the following legends are authorized under this contract: the government purpose rights legend at paragraph (f)(2) of this clause; the limited rights legend at paragraph (f)(3) of this clause; or the special license rights legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or 402. | |
| (1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall conspicuously and legibly mark the appropriate legend on all technical data that qualify for such markings. The authorized legends shall be placed on the transmittal document or storage container and, for printed material, each page of the printed material containing technical data for which restrictions are asserted. When only portions of a page of printed material are subject to the asserted restrictions, such portions shall be identified by circling, underscoring, with a note, or other appropriate identifier. Technical data transmitted directly from one computer or computer terminal to another shall contain a notice of asserted restrictions. Reproductions of technical data or any portions thereof subject to asserted restrictions shall also reproduce the asserted restrictions. | |
| (2) Government purpose rights markings. Data delivered or otherwise furnished to the Government purpose rights shall be marked as follows: |
GOVERNMENT PURPOSE RIGHTS
Contract No. __________________________________________ Contractor Name _______________________________________ Contractor Address ____________________________________ Expiration Date _______________________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of legend)
(3) Limited rights markings. Data delivered or otherwise furnished to the Government with limited rights shall be marked with the following legend:
Limited Rights ________________________________________ Contract No. __________________________________________ Contractor Name _______________________________________ Contractor Address ____________________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Contractor.
(End of legend)
| (4) Special license rights markings. | |
| (i) Data in which the Government's rights stem from a specifically negotiated license shall be marked with the following legend: |
SPECIAL LICENSE RIGHTS
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No. ________________ (Insert contract number) ________________, License No. ________________ (Insert license identifier) ________________. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of legend)
| (ii) For purposes of this clause, special licenses do not include government purpose license rights acquired under a prior contract (see paragraph (b)(5) of this clause). | ||
| (5) Pre-existing data markings. If the terms of a prior contract or license permitted the Contractor to restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data deliverable under this contract, and those restrictions are still applicable, the Contractor may mark such data with the appropriate restrictive legend for which the data qualified under the prior contract or license. The marking procedures in paragraph (f)(1) of this clause shall be followed. | ||
| (g) Contractor procedures and records. Throughout performance of this contract, the Contractor and its subcontractors or suppliers that will deliver technical data with other than unlimited rights, shall-- | ||
| (1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used only when authorized by the terms of this clause; and | ||
| (2) Maintain records sufficient to justify the validity of any restrictive markings on technical data delivered under this contract. | ||
| (h) Removal of unjustified and nonconforming markings. | ||
| (1) Unjustified technical data markings. The rights and obligations of the parties regarding the validation of restrictive markings on technical data furnished or to be furnished under this contract are contained in the Validation of Restrictive Markings on Technical Data clause of this contract. Notwithstanding any provision of this contract concerning inspection and acceptance, the Government may ignore or, at the Contractor's expense, correct or strike a marking if, in accordance with the procedures in the Validation of Restrictive Markings on Technical Data clause of this contract, a restrictive marking is determined to be unjustified. | ||
| (2) Nonconforming technical data markings. A nonconforming marking is a marking placed on technical data delivered or otherwise furnished to the Government under this contract that is not in the format authorized by this contract. Correction of nonconforming markings is not subject to the Validation of Restrictive Markings on Technical Data clause of this contract. If the Contracting Officer notifies the Contractor of a nonconforming marking and the Contractor fails to remove or correct such marking within sixty (60) days, the Government may ignore or, at the Contractor's expense, remove or correct any nonconforming marking. | ||
| (i) Relation to patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. | ||
| (j) Limitation on charges for rights in technical data. | ||
| (1) The Contractor shall not charge to this contract any cost, including, but not limited to, license fees, royalties, or similar charges, for rights in technical data to be delivered under this contract when-- | ||
| (i) The Government has acquired, by any means, the same or greater rights in the data; or | ||
| (ii) The data are available to the public without restrictions. | ||
| (2) The limitation in paragraph (j)(1) of this clause-- | ||
| (i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the Contractor to acquire rights in subcontractor or supplier technical data, if the subcontractor or supplier has been paid for such rights under any other Government contract or under a license conveying the rights to the Government; and | ||
| (ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or other media in which the technical data will be delivered. | ||
| (k) Applicability to subcontractors or suppliers. | ||
| (1) The Contractor shall ensure that the rights afforded its subcontractors and suppliers under 10 U.S.C. 2320, 10 U.S.C. 2321, and the identification, assertion, and delivery processes of paragraph (e) of this clause are recognized and protected. | ||
| (2) Whenever any technical data for noncommercial items, or for commercial items developed in any part at Government expense, is to be obtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use this same clause in the subcontract or other contractual instrument, including subcontracts or other contractual instruments for commercial items, and require its subcontractors or suppliers to do so, without alteration, except to identify the parties. This clause will govern the technical data pertaining to noncommercial items or to any portion of a commercial item that was developed in any part at Government expense, and the clause at 252.227-7015 will govern the technical data pertaining to any portion of a commercial item that was developed exclusively at private expense. No other clause shall be used to enlarge or diminish the Government's, the Contractor's, or a higher-tier subcontractor's or supplier's rights in a subcontractor's or supplier's technical data. | ||
| (3) Technical data required to be delivered by a subcontractor or supplier shall normally be delivered to the next higher-tier contractor, subcontractor, or supplier. However, when there is a requirement in the prime contract for data which may be submitted with other than unlimited rights by a subcontractor or supplier, then said subcontractor or supplier may fulfill its requirement by submitting such data directly to the Government, rather than through a higher-tier contractor, subcontractor, or supplier. | ||
| (4) The Contractor and higher-tier subcontractors or suppliers shall not use their power to award contracts as economic leverage to obtain rights in technical data from their subcontractors or suppliers. | ||
| (5) In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplier rights in technical data as an excuse for failing to satisfy its contractual obligations to the Government. |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.216-11 |
| Cost Contract--No Fee |
| APR 1984 |
| 52.222-4 |
| Contract Work Hours and Safety Standards- Overtime Compensation |
| MAY 2014 |
| 52.228-7 |
| Insurance--Liability To Third Persons |
| MAR 1996 |
| 52.232-20 |
| Limitation Of Cost |
| APR 1984 |
| 52.233-3 Alt I |
| Protest After Award (Aug 1996) - Alternate I |
| JUN 1985 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-4 |
| Certification of Final Indirect Costs |
| JAN 1997 |
| 52.243-2 Alt I |
| Changes--Cost-Reimbursement (Aug 1987) - Alternate I |
| APR 1984 |
| 52.249-6 |
| Termination (Cost Reimbursement) |
| MAY 2004 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.242-7005 |
| Contractor Business Systems |
| FEB 2012 |
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
The following have been modified:
EXHIBIT/ATTACHMENT TABLE OF CONTENTS
| DOCUMENT TYPE |
| DESCRIPTION |
| PAGES |
| DATE |
| Exhibit A |
| CDRLs |
| 2 |
| 16-APR-2015 |
| Attachment 1 |
| QASP |
| 10 |
| 10-AUG-2015 |
Attachment 2
Attachment 3 Offeror Cost Spreadsheet Rev1 Past Performance Questionnaire
25-AUG-2015
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
| 52.203-2 |
| Certificate Of Independent Price Determination |
| APR 1985 |
| 52.203-11 |
| Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions |
| SEP 2007 |
| 52.209-2 |
| Prohibition on Contracting with Inverted Domestic Corporations--Representation |
| DEC 2014 |
| 52.222-22 |
| Previous Contracts And Compliance Reports |
| FEB 1999 |
| 52.222-25 |
| Affirmative Action Compliance |
| APR 1984 |
| 52.222-38 |
| Compliance With Veterans' Employment Reporting Requirements |
| SEP 2010 |
| 52.225-20 |
| Prohibition on Conducting Restricted Business Operations in Sudan--Certification |
| AUG 2009 |
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
The following have been modified:
L -1 CONTENT OF PROPOSALS (SUPPLIES OR SERVICES)(JUN 2011) (10 August 2015)
1.0 GENERAL
1.1 The North American Industry Classification System (NAICS) code for this requirement is 621112 which has a small business size standard of $11.0 million.
1.2 This contract is set-aside for 100% Small Business and will be awarded on a Small Business competitive basis.
1.3 The Government intends to award a performance based Time and Material (T&M) and Firm Fixed Price (FFP) contract to a single source as a result of this solicitation or Request for Proposal (RFP). Each offeror shall submit a proposal that clearly and concisely describes and defines the offeror’s response to the requirements of this solicitation.
1.4 Each offeror must submit an offer/proposal and other information in strict accordance with these instructions. Each offeror’s submission shall be screened by the Contracting Officer or a designee upon receipt to ensure compliance with the instructions contained in the solicitation.
1.5 QUESTIONS: Offerors may submit questions requesting clarification of solicitation requirements by emailing the Contract Specialist (CS) at rachelle.stacy@navy.mil. It is requested that each question reference the applicable document, paragraph, and page. Questions answered by the Government will be provided to all potential Offerors via an amendment to the solicitation. It is requested that all questions be received within 7 calendar days of the date this solicitation was posted.
1.6 DISCUSSIONS: Though the Government reserves the right to hold discussions, award may be based upon initial offers. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. However, the Government reserves the right to hold discussions if necessary.
2.0 PROPOSAL FORMAT
2.1 In order to maximize efficiency and minimize the time for proposal evaluation, all offerors shall submit their proposals in accordance with the format and content specified. The electronic proposal shall meet the following format requirements:
· 8.5 x 11 inch paper size
· Single-spaced typed lines
· Newspaper column formatting is not permitted
· Not smaller than a 10 point font
· Files shall be in a Microsoft Office 2003 compatible or PDF format
· No ZIP files
· Cost format spreadsheet shall be in Microsoft Excel format with a file name extension of .xls
2.2 COST OR PRICING INFORMATION MAY NOT APPEAR ANYWHERE IN THE PROPOSAL OTHER THAN VOLUME 3. The Offeror will ensure that the Price/Cost Volume is provided on a separate CD-ROM. Each CD-ROM is to be labeled for content and the Offerors name. If a discrepancy exists between the original paper copy of the proposal and the disk copy, the paper copy will take precedence.
3.0 PROPOSAL CONTENT AND VOLUMES
3.1 Each volume of the proposal shall be submitted as one original and additional copies as specified in the table below. The table below supersedes the copies requested in Block 9 of the Standard Form (SF) 33. All volumes of the original proposal shall be delivered to the address provided in Section 4.0 prior to the closing date/time stated in this solicitation. Page limitations for each volume if any, are also specified in the table below; title and table of contents pages do not count towards page limit.
3.2 Examples of information submitted as an Annex to the proposal are manuals, specifications, plans, procedures, and policies that exist as an official document of the company or facility, as well as other information requested in Part B Specific Instructions. Page limitations for Annexes, if any, are specified below.
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