N6945023Q0018.pdf
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- Solicitation number
- N6945023Q0018
About this file
This solicitation requests offers for armed roving patrol guard services at the United States Navy Cooperative Security Location in Comalapa, El Salvador. The services include providing all labor, management, supervision, tools, materials, and equipment to perform armed roving patrols to protect Navy personnel and American contractors working at the location, as well as responding to any accidents or conflicts encountered. The incumbent contractor, Torres Advanced Enterprise Solutions, LLC, currently provides these services under contract N6945019P1711, which expires on 30 November 2023 and had a total value of $1,288,584.07 over five option periods. Offers are due by 02:00 PM on 18 August 2023 and will result in a firm-fixed price contract to begin on 1 December 2023, replacing the current contract. The solicitation includes details on the required services, evaluation criteria, and terms and conditions.
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SEE ADDENDUM
(No Collect Calls)
N6945023Q0018 17-Jul-2023
b. TELEPHONE NUMBER
904-542-8815
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 18 Aug 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N694509. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
COURTNEY J. PETERSON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVFAC ENGINEERING SYSTEMS COMMAND SE
FSC-BOS
BUILDING 903, PO BOX 30
JACKSONVILLE FL 32212-0030
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
904-542-6942FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$29,000,000
NAICS:
561612
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF42
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N6945023Q0018
Section SF 1449 - CONTINUATION SHEET
TYPE OF CONTRACT
Award of this solicitation will result in a facilities support firm-fixed price (FFP) contract.
SERVICE REQUIREMENTS
The outcome to be achieved is a contract for ongoing armed roving patrol guard services to provide protection of the United States Navy personnel and American Contractors working for the United States Navy Cooperative Security Location (CSL), homes and to respond and assist its personnel in the event of any type of accident or conflict they encounter in CSL Comalapa San Salvador, El Salvador and the outlying areas supported by this command. The Contractor shall provide all labor, management, supervision, tools, materials, and equipment required to perform these armed roving patrol guard services. The outcomes for this acquisition are consistent with the Federal Acquisition Regulation (FAR) 37.101 definition of service contracts.
COMPETITION ENVIRONMENT
This contract is solicited on an unrestricted basis under full and open competition.
NAICS CODE
The NAICS code is 561612, Security Guards and Patrol Services.
PRIOR CONTRACT INFORMATION
The contract issued as a result of this solicitation will replace contract N6945019P1711, which is due to expire on 30 November 2023. The following information applies to that contract. No assurances are made that workload and volume of future effort and costs will replicate past experience. This information is provided merely for informational purposes:
Torres Advanced Enterprise Solutions, LLC 7389 Lee Highway Suite 340 Falls Church, VA 22042-1736
Period of Performance Total
Base Period 01 Dec 2018 - 30 Nov 2019 $295,484.00
Option Period 1 01 Dec 2019 - 30 Nov 2020 $276,536.11
Option Period 2 01 Dec 2020 - 30 Nov 2021 $233,862.20
Option Period 3 01 Dec 2021 - 30 Nov 2022 $238,818.99
Option Period 4 01 Dec 2022 - 30 Nov 2023 $243,882.77
Total $1,288,584.07
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Each Base Period Guard Services
FFP
Armed Roving Patrol Guard Services in accordance with the Performance Work Statement and all applicable attachments. This CLIN covers a 12-month period of performance. Monthly rates will be derived from the total amount.
NOTE: Please ensure you are using the most current version of this attachment.
Check all amendments for updates.
FOB: Destination
NET AMT
0002 Each OPTION Option Period 1 Guard Services
FFP
Armed Roving Patrol Guard Services in accordance with the Performance Work Statement and all applicable attachments. This CLIN covers a 12-month period of performance. Monthly rates will be derived from the total amount.
NOTE: Please ensure you are using the most current version of this attachment.
0003 Each OPTION Option Period 2 Guard Services
FFP
Armed Roving Patrol Guard Services in accordance with the Performance Work Statement and all applicable attachments. This CLIN covers a 12-month period of performance. Monthly rates will be derived from the total amount.
NOTE: Please ensure you are using the most current version of this attachment.
0004 Each OPTION Option Period 3 Guard Services
FFP
Armed Roving Patrol Guard Services in accordance with the Performance Work Statement and all applicable attachments. This CLIN covers a 12-month period of performance. Monthly rates will be derived from the total amount.
NOTE: Please ensure you are using the most current version of this attachment.
0005 Each OPTION Option Period 4 Guard Services
FFP
Armed Roving Patrol Guard Services in accordance with the Performance Work Statement and all applicable attachments. This CLIN covers a 12-month period of performance. Monthly rates will be derived from the total amount.
NOTE: Please ensure you are using the most current version of this attachment.
0006 Each OPTION FAR 52.217-8 Guard Services
FFP
Armed Roving Patrol Guard Services in accordance with the Performance Work Statement and all applicable attachments. This CLIN covers a six-month period of performance. Monthly rates will be derived from the total amount.
NOTE: Please ensure you are using the most current version of this attachment.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government
0005 Destination Government Destination Government 0006 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-DEC-2023 TO
30-NOV-2024
N/A N/A
0002 POP 01-DEC-2024 TO
30-NOV-2025
0003 POP 01-DEC-2025 TO
30-NOV-2026
0004 POP 01-DEC-2026 TO
30-NOV-2027
0005 POP 01-DEC-2027 TO
30-NOV-2028
0006 POP 01-DEC-2028 TO
31-MAY-2029
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
MAR 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns
OCT 2022
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
JUN 2015
252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism
DEC 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations
OCT 2010
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. The solicitation requires the evaluation of price and the following non-price factors:
Factor 1 – Corporate Experience Factor 2 – Technical Approach Factor 3 – Safety Factor 4 – Past Performance
The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.
2. Basis of Evaluation and Submittal Requirements for Each Factor.
(a) Price:
(1) Solicitation Submittal Requirements:
(i) Provide the completed CLINs 0001 – 0006 of the solicitation.
(2) Basis of Evaluation:
(i) The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items (see CLIN structure of the solicitation). The Government intends to evaluate all options and has included the provision 52.212-2, Evaluation –
Commercial Items. In accordance with this provision, evaluation of options will not obligate the Government to exercise the option(s). Price analysis will be performed on the basis of price reasonableness in accordance with FAR 13.106-3.
(b) Non-Price (Technical) Factors:
The offeror’s response to factors that require submission of Corporate Experience and Past Performance shall be based on the following relevancy definition:
RELEVANT PROJECT:
Relevant projects include those that demonstrate the capability to perform guard services similar in size, scope, and complexity to the requirements described in the performance work statement/specifications of the RFQ with a contract value of $150,000.00 per year or greater that is either: 1) ongoing with at least 12 months of contract performance completed by the date of receipt of initial quotes, or 2) shall be completed within the last five (5) years from the date of receipt of initial quotes.
(1) Factor 1, Corporate Experience:
(i) Solicitation Submittal Requirements: The offeror shall submit a minimum of two (2) to a maximum of five (5) examples of relevant projects to be documented only on Corporate Experience Project Data Sheet (provided under file name N6945023Q0018_Corporate_Experience_Project_Data_Sheet.doc). Offerors shall not submit any project information under Factor 1 unless submitted on the data (with the exception of the information required for any corporate affiliate or first-tier small business subcontractor(s) experience submitted, to include the one-page narrative, organization chart, and teaming agreement/letter of commitment referenced below, which may be submitted in addition to the data sheet). The offeror shall clearly demonstrate recent, relevant experience as a prime contractor on projects similar in size, scope, and complexity to the requirements described in the Performance Work Statement (PWS) of the RFP.
An offeror may rely on the prime contractor experience of corporate affiliates (e.g., subsidiaries, sister companies, predecessor companies, and parent companies) to demonstrate experience, providing the offeror submits the following:
a. A one-page narrative clearly demonstrating that the corporate affiliates will have meaningful participation in the project by identifying the personnel or resources from the corporate affiliates that will be dedicated to the project;
b. An organization chart that demonstrates the corporate relationship of the affiliates; and,
c. Teaming agreement/Letter of commitment.
An offeror may rely on the prime contractor experience of first-tier small business subcontractor(s) to demonstrate experience if the experience of the small business prime does not independently demonstrate the capabilities necessary for award, provided the offeror submits the following:
a. Specifically identify the proposed team of first-tier subcontractor(s)
b. Teaming agreement/Letter of commitment.
For each project, the offeror shall complete the Corporate Experience Project Data Sheet. All information shall be provided as requested on the form. The Corporate Experience Project Data Sheet may be expanded and is not limited to the two (2) pages provided with the solicitation.
(ii) Basis of Evaluation: The Corporate Experience standard has been met when the offeror, its corporate affiliates, or team of first-tier subcontractor(s) demonstrates adequate experience in successfully performing at least two (2) relevant projects as defined for this solicitation.
Projects must be submitted on the required Corporate Experience Project Data Sheet, which can be expanded. The Government will only review the first five (5) projects submitted. Any projects submitted in excess of the five (5) will not be considered.
Projects completed by the offeror, its corporate affiliates (e.g., subsidiaries, sister companies, predecessor companies and parent companies) or team of first-tier subcontractor(s) in any capacity other than a prime contractor will be considered not relevant. Offerors, its corporate affiliates, or team of first-tier subcontractor(s) do not have to self-perform all the relevant work, but must have been the prime contractor on the relevant project.
For multiple award contracts (MACs) or indefinite delivery/indefinite quantity (IDIQ) contracts, the specific relevant task order(s) proposed, not the entire MAC or IDIQ contract, will be considered a project for evaluation purposes.
Failure to provide the required information for projects performed by corporate affiliates or first-tier subcontractor(s), if any, will result in the project being considered not relevant.
(2) Factor 2, Technical Approach:
(i) Solicitation Submittal Requirements: The offeror shall clearly demonstrate its understanding of the current industry standards, policies, procedures, and processes utilized in accomplishing the complexity and magnitude of the service requirements set forth in the performance objectives and standards of the Performance Work Statement. The offeror shall address each of the following components separately:
(1) Include the methodology to be implemented to accomplish the performance requirements and detail how the proposed approach will effectively acheive each performacne objective and standard.
(2) Describe the weapons and vehicles that will be used in performance of the requirements.
(3) Quality Control Management. Provide a summary “Quality Control Plan”, i.e. the quality processes (practices, resources, and activities) and minimum controls that will be used to ensure full compliance with all performance objectives and standards as described in the Performance Work Statement.
Describe the methods to be used to document, measure, control, and improve the quality processes. Describe the plan for training employees in the quality processes.
(4) Phase-In and Phase-Out Plans. Provide a phase-in and phase-out plan. The phase-in plan is limited to no more than 30 calendar days. Each plan shall include: 1) a schedule for all key events;
2) personnel actions and responsibilities regarding employees at all levels; acquisition, delivery, storage, inventory, and disposal of equipment, working stock, and materials (to include inbound items as applicable).
(ii) Basis of Evaluation: This factor will be evaluated as an overall factor with no sub-factors. The standard is met when the offeror demonstrates an acceptable understanding of current industry standards, policies, procedures, and processes utilized in accomplishing the complexity and magnitude of service requirements set forth in the performance objectives and standards of the Performance Work Statement. The Government will evaluate each quote to ensure the offeror’s approach demonstrates the following: 1) an approach/methodology to effectively achieve performance objectives and standards that reflect the best industry abd/or commercial practices; 2) proposed weapons and vehicles in accordance with the requirments of the PWS; and
3) an approach that demonstrates an effective and resource efficient approach to quality control and phase-in and phase-out plans.
(3) Factor 3, Safety:
(i) Solicitation Submittal Requirements: The offeror shall submit the following information:
The Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate; and Total Case Rate (TCR) for the specified five (5) Calendar Years (CY), as described below. For a partnership or joint venture, the offeror shall submit separate DART and TCR rates for the specified five (5) CY for each contractor who is part of the partnership/joint venture. Any fatalities experienced within this 5-year timeframe must be explained in detail, to include root cause and corrective actions.
NOTE: DART and TCR shall not be submitted for subcontractors
1. DART Rate: Submit five (5) previous complete calendar years’ [CY2021, CY2020, CY2019 CY2018, and CY2017] worth of data (not an overall average). If the offeror has no DART rate, for any year, affirmatively state so and explain why.
a. DART cases include injuries or illnesses resulting in death, days away from work, and/or restricted work or transfer to another job days beyond the day of injury/illness.
b. Calculation of DART rate: Multiply the total number of DART cases by 200,000, and then divide by the number of employee labor hours worked
2. TCR Rate: Submit five (5) previous complete calendar years’ [CY2021, 2020, 2019, 2018, and 2017] worth of data (not an overall average). If the offeror has no TCR rate, for any year, affirmatively state so and explain why.
a. TCR cases include injuries or illnesses resulting in death, days away from work, restricted work or transfer to another job days beyond the day of injury/illness, medical treatment beyond first aid, or loss of consciousness.
b. Calculation of TCR rate: Multiply the total number of TCR incidents by 200,000, and then divide by the number of employee labor hours worked
(ii) Basis of Evaluation: The Government is seeking to determine that the offeror has consistently demonstrated a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. To meet the minimum requirements, the offeror must demonstrate the following:
1. DART rates at or below 2.99
2. TCR Rates at or below 4.49
NOTE: If the offeror’s rates exceed the established levels above for any of the five years, it will result in a deficiency.
(4) Factor 4, Past Performance:
(i) Solicitation Submittal Requirements: IF A COMPLETED CPARS EVALUATION IS
AVAILABLE FOR EACH PROJECT SUBMITTED IN RESPONSE TO FACTOR 1, IT SHALL BE
SUBMITTED WITH THE QUOTE. IF THERE IS NOT A COMPLETED CPARS EVALUATION, the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its quotel for Factor 1, Corporate Experience. AN
OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS AVAILABLE.
IF A CPARS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your quote. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the quote closing date, the offeror should complete and submit with the quote the first page of the PPQ (provided as an attachment), which will provide contract and client information for the respective project(s). Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Courtney Peterson, via email at courtney.j.peterson3.civ@us.navy.mil (with a copy to Cari Fiebach at cari.l.fiebach.civ@us.navy.mil) prior to the quote closing date. Offerors shall not incorporate by reference into their quote PPQs or CPARS previously submitted for other RFQs/RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.
In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS) using all CAGE/Entity Identifier numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s quote, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.
(ii) Basis of Evaluation: The Government will evaluate how well the offeror performed on the recent, relevant projects submitted under Factor 1, Corporate Experience, and on other relevant contracts documented in known sources. There are two aspects of the past performance evaluation: recency and relevancy.
The first is to evaluate the recency of the offeror’s past performance. The second aspect is to determine the relevancy of the offeror’s past performance. For purposes of this evaluation, the criteria identified in Factor 1, Corporate Experience will be utilized in determining relevancy. The past performance evaluation does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed on those past contracts.
The Government will evaluate whether the past performance evaluations and all other past performance information reviewed by the Government (e.g., CPARS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and information obtained from any other source) reflect a trend of satisfactory performance considering:
- A pattern of successful completion of tasks;
- A pattern of deliverables that are timely and of good quality;
- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and
- Recency of tasks performed that are identical to, similar to, or related to the task at hand”
In the case of an offeror without a record of relevant past performance or for whom information on past contract performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance in accordance with FAR 15.305(a)(2)(iv). In this case, the offeror’s past performance is unknown and assigned a confidence rating of “neutral.”
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service -
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology -
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern -
(1) Means a small business concern -
(i) Not less than 51 percent of which is owned by one or more service - disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern –
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned -
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern -
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern -
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that -
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB…
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