Amendment_2_-_SEAM_Sec_L_-_Instructions_Conditions_and_Notices_to_Offerors.docx

NNJ16567749R Specialized Engineering, Aeronautics, and Manufacturing Section L – Amendment 1

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm The following solicitation provisions pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

CODE REPORTING

COMPETITIVE ACQUISITIONS

52.215-22 OCT 2009 LIMITATION ON PASS-THROUGH CHARGES

– IDENTIFICATION OF SUBCONTRACT EFFORT

PROPOSAL REQUIREMENTS – NON-COMMERCIAL ITEM ACQUISITION WITH ADEQUATE PRICE COMPETITION

IN PERSONS COMPLIANCE PLAN

52.237-10 MAR 2015 IDENTIFICATION OF UNCOMPENSATED

OVERTIME

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) PROVISIONS

CLAUSE

NUMBER DATE TITLE

1852.227-71 APR 2015 REQUESTS FOR WAIVER OF RIGHTS TO

INVENTIONS

(End of Clause)

L.2 TYPE OF CONTRACT

The Government contemplates award of a Multiple-Award contract with Indefinite-Delivery Indefinite-Quantity Firm-Fixed-Price (FFP) and Time-and-Materials (T&M) Task Orders resulting from this solicitation.

FFP Task Orders will be used for Task Categories A – E. T&M Task Orders will be used for Task Categories A – D.

(End of Provision)

L.3 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

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

P. Lamar Mueller, Contracting Officer NASA Johnson Space Center Mail Code: BR 2101 NASA Parkway Houston, TX 77058 perry.l.mueller@nasa.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

L.4 AUTHORIZED DEVIATIONS IN PROVISIONS (FAR 52.252-5) (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any NASA FAR Supplement (48 CFR Chapter 18) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

L.5 PRE-PROPOSAL CONFERENCE

(a) A pre-proposal/pre-bid conference will be held as indicated below:

Other Information, as applicable: Virtual access information and instructions will be posted to the SEAM procurement website, http://procurement.jsc.nasa.gov/seam , at a later date.

(b) Attendance at the pre-proposal/pre-bid conference is recommended; however, attendance is neither required nor a prerequisite for proposal/bid submission and will not be considered in the evaluation.

(End of provision)

L.6 PROPOSAL PAGE LIMITATIONS (FAR 1852.215-81) (APR 2015)

(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation.

(b) A page is defined as one side of a sheet, 8 1/2" x 11", with at least one inch margins on all sides, using not smaller than 12 point type. Foldouts count as an equivalent number of 8 1/2" x 11" pages. The metric standard format most closely approximating the described standard 8 1/2" x 11" size may also be used.

(c) Identify any exclusions to the page limits that are excluded from the page counts specified in paragraph (a) of this provision (e.g. title pages, table of contents) as follows: Title pages and table of contents. In addition, the Cost section of the proposal is not page limited. However, this section is to be strictly limited to cost and price information. Information that can be construed as belonging in one of the other sections of the proposal will be so construed and counted against that section's page limitation.

(d) If final revisions are requested, separate page limitations will be specified in the Government's request for that submission.

(e) Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the Offeror.

(End of Provision)

L.7 SAFETY AND HEALTH PLAN (SHORT FORM) (NFS 1852.223-72) (JUL 2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment. NASA is committed to protecting the safety and health of the public, our team members, and those assets that the Nation entrusts to the Agency.

(b) The Contractor shall have a documented, comprehensive and effective health and safety program with a proactive process to identify, assess, and control hazards and take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c) in subcontracts that exceed the simplified acquisition threshold where work will be conducted completely or partly on Federally-controlled facilities.

(End of Clause) L.8 PROPOSAL MARKING AND DELIVERY (FAR 52.215-109) (AUG 2012) (JSC PROCUREMENT INSTRUCTION)

(a) Methods of Proposal Delivery Proposals shall be delivered to the designated proposal receiving office by one of the following methods:

U.S. Postal Service Commercial Delivery Service Delivery by company employee or other individual agent Regardless of the method of delivery chosen, the Offeror is responsible for delivery of the proposal to the designated receiving office no later than the date and time stated on the Standard Form 33.

(b) External Marking of Proposal Package(s) All proposal packages must be closed, sealed, and marked in large letters “PROPOSAL – DELIVER UNOPENED”. Proposals packages must include the solicitation number, the contract specialist’s name, mail code/stop, and the Offeror’s name and address clearly marked on the outside of the package.

The Offeror shall include a notice on the cover of the proposal package as follows:

“NOTICE: THIS PROPOSAL MUST BE DELIVERED TO THE SPECIFIED ADDRESS NO LATER THAN (OFFEROR—ENTER DATE AND TIME).”

(c) Delivery Address Proposals must be delivered to:

NASA Johnson Space Center Attention: BR/Portia Keyes

Proposals will be considered to be timely if the proposal package is received by the due date and time.

(End of Provision) L.9 JSC SUPER-FLEX WORK SCHEDULE (FAR 52.242-90)(MAR 2014) (JSC PROCUREMENT INSTRUCTION) Through Super-flex, JSC civil servants are encouraged to utilize the current civil service schedule to work 80 hours in a pay period, while “flexing” every other Friday simultaneously with the Center (first Friday of the JSC pay period). These Fridays are called “Flex Fridays”. Super-flex also expands the use of Work from Anywhere (WFA)/telework.

JSC does not require that our Contractor team members adopt a matching schedule. However, Offerors should be aware that many civil servant customers will not be onsite on “Flex Fridays” and the center will go in “weekend mode” on “Flex Fridays”. "Flex Friday weekend mode" provides exceptions for some buildings. For more information on "Flex Friday weekend mode" and Super-flex, reference.

http://procurement.jsc.nasa.gov/docs/Super-Flex Phase 2.docx (End of provision)

L.10 AVAILABILITY OF SPECIFICATIONS

(a) For the purpose of this RFP, the Technical Reference Library contains the official versions of applicable and reference documentation. No other version of the documentation should be used.

(b) All technical documentation which is incorporated directly by reference in this solicitation may be obtained from the SEAM Technical Reference Library which is available online at the following url:

http://procurement.jsc.nasa.gov/seam/

(c) In order to obtain a User-ID and password to access the documents above, please e-mail the following information to the Contract Specialist at portia.s.keyes@nasa.gov:

(d) All copyrighted technical documentation which is incorporated directly by reference in this solicitation cannot be placed on the SEAM Technical Reference Library. If the Offeror desires to have these copyrighted documents to prepare their proposal they must be obtained, at the bidder's expense, from the organization that develops, establishes and/or publishes those documents.

(End of Provision)

L.11 COMMUNICATIONS REGARDING THIS SOLICITATION

Any communications in reference to this solicitation shall cite the solicitation number and be directed to the following Government representatives:

Questions regarding this solicitation must be presented in writing and shall be submitted electronically to the above e-mail addresses by March 9, 2016, in order that answers may be obtained and disseminated in a timely manner, since it is not expected that a proposal submission date will be extended. Oral communications are not acceptable in response to this solicitation. Questions shall not be directed to the technical activity personnel. Questions received after March 9, 2016, may not receive a response.

(End of Provision)

L.12 OFFEROR ACCEPTANCE PERIOD

Proposals submitted in response to this solicitation shall remain firm for at least 240 calendar days after the date specified for receipt by the Government and shall contain a statement to this effect.

(End of Provision)

L.13 PERIOD COVERED BY PROCUREMENT

This solicitation covers a 5 year period of performance with no options or phase-in period. For contracting purposes:

(End of Provision)

L.14 INSTRUCTIONS FOR PROPOSAL PREPARATION

This section provides detailed instructions to Offerors to be used in the preparation of proposals. It is organized as follows:

L.14.1 INTRODUCTION

This acquisition is being conducted as a vehicle to provide tasks in five distinct categories. Three of these task categories have been set aside for small businesses. Offerors may propose to any Task Category for which they are qualified. There is no requirement to propose on all categories, nor are Offerors limited to proposing on a single category.

The five Task Categories are as follows:

A. Aero Structural Engineering and Analysis (small business set-aside) B. Aero Mechanical Systems (small business set-aside) C. Aero Avionics, Electrical, and Software D. Ground Support Engineering Services E. Fabrication and Provisioning (build-to-print) (small business set-aside) In providing these instructions, the Government’s intention is to solicit information that will permit a competitive evaluation of the Offeror’s proposal. The information solicited will demonstrate the Offeror’s competence and capability to successfully complete the requirements specified in the SEAM Statement of Work (SOW). Generally, the proposal shall:

(a) Demonstrate understanding of the overall and specific requirements of the proposed Contract; convey the company’s capabilities for transforming understanding into accomplishment; and provide, as requested below, the price associated with so doing.

(b) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and substantiation of all information. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements in the statement of work (SOW) and Request for Proposal (RFP).

(c) Elaborate brochures or documentation, detailed artwork, or other superfluous embellishments are unnecessary and are not desired, unless specifically requested in a scenario response.

(d) Offerors are requested to provide information responsive to the items set forth below. This information is considered essential for the Government to conduct a fair and uniform evaluation of proposals in accordance with the evaluation factors provided in Section M. The items listed are not, however, all-inclusive and Offeror’s should include in proposals any further discussion believed to be necessary or useful in demonstrating the Offeror’s ability to perform the work under this Contract.

(e) For a more complete understanding of this part of Section L, refer to Section M. The instructions in this part of Section L are directly related to the evaluation factors set forth in Section M.

Table L-1 Cross Reference from Section L to Section M

L.14.2 PROPOSAL ARRANGEMENT, PAGE LIMITATIONS, COPIES, AND DUE DATES

(a) The entire proposal is due by March 31, 2016 at 1:30 p.m. Central Time. The delivery location is specified in L.8, Proposal Marking and Delivery. Late proposals will not be accepted in accordance with FAR 52.215-1, “Instructions to Offerors – Competitive Acquisition.”

(b) Proposal Arrangement: Offerors shall arrange their proposals as set forth below in Table L-2. Proposal sections excluded from the page limit shall be placed at the end of each volume.

Table L-2: Overview of Proposal Volumes, Page Limitations, Copies, and Format

Copies Format

1 page PP Introductory Material per proposal

Native format: Other Past Performance Data

(c) The proposal text shall be formatted for 8 ½ x 11-inch paper. The metric standard format most closely approximating the described standard 8 ½ x 11-inch size may also be used. Volumes shall be separately bound in 3-ring binders that permit the volume to lie flat when open. For hardcopies, multiple volumes may be submitted in the same binder, if each volume is tabbed and labeled. For electronic copies, each volume shall be placed in its own electronic folder. Staples shall not be used. A cover sheet shall be included on each binder, clearly marked with date of offer, volume number, title, copy number, solicitation number and the offeror’s name. The same identifying data should be placed on the spine of each binder. Information shall not be incorporated by reference. A suitable table of contents shall be provided with each volume for ready reference to sections, tables, and figures. Pages shall be formatted in a standard page style, without the use of numerous columns. Offerors shall tab each subsection within each volume for ease of reference. Tabs and dividers are not included in the page count limitations.

The following requirements apply to the sections of the proposal which are page limited:

Sections of the proposal which are page limited shall be prepared and submitted using non-compressed Arial font with single-spaced 12 point text printed on both sides of the sheet with a one-inch margin on all sides in accordance with Microsoft Word default settings. Character spacing shall be “Normal” per Microsoft Word settings. Text in diagrams, charts, tables, artwork, and photographs shall be no smaller than 12 point text size. Diagrams, charts, tables, artwork and photographs shall not be used to circumvent the text size limitations of the proposal. The margins may contain headers and footers but shall not contain any proposal content to be evaluated.

All pages in each volume shall be numbered sequentially with Arabic numerals (1, 2, 3, etc.) for contents subject to page limitations. Each side of the sheet, tab, or divider containing proposal material will be counted as part of the appropriate volume’s page limitations. Information that can be construed as belonging in another volume of the proposal will be so construed and counted against the appropriate volume’s page limitation.

Title pages, table of contents, cross-reference matrices, glossaries, acronym lists, page tabs, and section dividers that do not contain information that can be construed as proposal information will not be counted as part of the page limitations. However, these pages shall be numbered with lower case Roman numerals (i, ii, iii, etc.) in order to provide ease of reference for the Government.

Foldout pages may only be used for large tables, charts, graphs, plans, figures, diagrams and schematics, not for pages of text. Foldouts shall be counted as two pages against the page limitations, shall be printed on one side only, shall be printed on 11 x 17-inch paper with a one-inch margin on all sides, and shall fold entirely within the volume.

Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the Offeror in accordance with NFS 1815.204-70(b). Minor informalities or irregularities in a proposal that can be adjusted, corrected, or waived without being prejudicial to other Offerors may be accepted if it is immaterial to the acquisition. However, any pages contained in a page limited section of the proposal which do not comply with the RFP requirements may be returned by the Government and not evaluated.

The following requirements apply to the sections of the proposal which are not subject to page limitations: Sections of the proposal which are not page limited do not need to abide by the font, size or margin requirements of the page limited sections, though the Offeror should ensure readability. All pages in each section shall be numbered sequentially with Arabic numerals (1, 2, 3, etc.) Title pages, table of contents, cross-reference matrices, glossaries, acronym lists shall be numbered with lower case Roman numerals (i, ii, iii, etc.) in order to provide ease of reference for the Government.

(d) If final proposal revisions are requested, separate page limitations will be specified in the Government's request for that submission.

(e) Each offeror is required to submit its proposal in two formats, one conventional hard copy bound format in the quantities specified above, and one in an electronic format in the quantities specified above. The electronic submission is requested on a non-rewritable (CD-R) disk(s) and must be compatible with the software and hardware specification described below. Electronic media must be labeled or tagged with the RFP Number, Company Name, Date Prepared, version of Microsoft Office® application used, an indication of the files or range of files contained on the disks marked and in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-5, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

(f) Electronic copies of the proposal shall be prepared and submitted in Microsoft Office® 2010, or newer, applications (Word and Excel). Further, the Microsoft Excel spreadsheets shall be submitted in Microsoft Excel format, not in a scanned Microsoft Word or Adobe PDF file. Microsoft Word documents shall be submitted in Microsoft Word format, not in an Adobe PDF file.

To the extent of any inconsistency between data provided electronically and proposal hard copies, the electronic copy of the proposal will be considered to be the intended data to measure compliance with the page limitations specified in this provision. For electronic submissions, each volume of the proposal should be submitted as a separate electronic file. If a volume extends to multiple disks, the offeror shall clearly indicate the sequence number. The offeror shall not embed sound or video files into the proposal files. Minimize the use of scanned images and keep embedded graphics as simple as possible.

(g) A cover sheet should be contained as the first page of each book, clearly marked with volume number, title, solicitation identification, and the Offeror’s name. Be sure to apply all appropriate markings, including those prescribed in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-5, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

(h) Provide a Cross Reference List that tracks the page and paragraph numbers of the Offer’s proposal to the page and paragraph numbers in the Government’s instructions. A Cross Reference List shall be submitted in each Volume for that particular volume.

(End of Provision) L.15 PERFORMANCE PRICE TRADEOFF (PPT) PROPOSAL INSTRUCTIONS (52.215-112) (FEB 2014) (JSC PROCUREMENT INSTRUCTION) This procurement will be conducted using a tradeoff of past performance, and price. The Government seeks to select Offerors whose proposals represent the best value after evaluation (see provision M.2 PERFORMANCE PRICE TRADEOFF (PPT) EVALUATION FACTORS FOR AWARD, for evaluation procedures).

Past performance, price, and other proposal requirements are discussed in detail below.

L.15.1 PAST PERFORMANCE - VOLUME I

The SEAM procurement will be a Multiple-Award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with 5 task categories representing different technical capability sets. NASA anticipates multiple awards for each Task Category, which represent the best value to the Government in accordance with the evaluation criteria. The overall number of awards will be dependent upon the evaluation results. Individual Task Orders will be competed within each category.

Task Categories are:

A. Aero Structural Engineering and Analysis (small business set-aside) B. Aero Mechanical Systems (small business set-aside) C. Aero Avionics, Electrical, and Software D. Ground Support Engineering Services E. Fabrication and Provisioning (build-to-print) (small business set-aside) Relevant Past Performance Matrix (Attachment L.16.1) (not subject to page limitations)

(a) Offerors shall complete Attachment L.16.1 (Relevant Past Performance Matrix) for each Task Category proposed. A subcontractor is considered major if they are proposed to provide three or more critical capabilities in a single task category under SEAM. The total number of contracts listed for each Task Category shall not exceed ten. For each critical capability in the matrix, Offerors are allowed to list up to three relevant tasks from those ten contracts. It is important to note that a single task can provide past performance in multiple capabilities. Likewise, a single contract can include multiple relevant tasks. Offerors should list past performance relevant to proposed SEAM performance. In the event of a conflict between the past performance narrative and the relevant past performance matrix, the narrative will take precedence as the Offeror’s intended response. Offerors with no past performance experience shall indicate by inserting “none” for the first row for that capability under the Contract Name column. For Task Categories not being proposed, rename the sheet, inserting (N/A) in front of the Task Category.

(b) Offerors shall consider the recency and relevance as they relate specifically to this solicitation. Only contract periods of performance within five years from the issuance date of the SEAM original solicitation will be considered in the past performance evaluation. Only past performance relevant to the Offeror’s proposed team should be listed.

(c) For the purposes of this matrix, the following definitions apply:

Prime: Indicate “Prime” if this past performance was performed by the Offeror and is proposed to be performed by same under SEAM.

Major Subcontractor: Indicate “Major Sub” if this past performance was performed by a proposed major subcontractor.

Task Title: Work performed under a Task Order, Delivery Order or as part of a contract.

References (Attachment L.16.2) (not subject to page limitations) Offerors shall provide past performance references for relevant contracts in Attachment L.16.2 (References Table) in order for the Government to obtain appraisals of past performance. All contracts for the prime and major subcontractors listed in the Attachment L.16.1 (Relevant Past Performance Matrix) shall be included in the Attachment L.16.2 (References Table). Offerors shall list up to ten contract references per Task Category. References for contracts with Government agencies are preferred, but not required.

Past Performance Narrative (subject to page limitations; up to 6 pages per Task Category) Offerors shall provide a narrative for each Task Category to which the Offeror is proposing. The narrative should discuss the Offeror’s (and major subcontractors’) most relevant tasks and capabilities from the Attachment L.16.1 (Relevant Past Performance Matrix). The task titles used in narratives shall match task titles in Attachment L.16.1 (Relevant Past Performance Matrix). Each narrative section should be clearly labeled with the proposed Task Category title.

The submission shall include rationale supporting the Offeror’s assertion of relevance. This submission shall clearly detail what portions of the Statement of Work the prime and subcontractors are responsible for and the specific resources (workforce, management, facilities, or other resources) to be employed and relied upon to perform the proposed effort.

The narrative shall address the Offeror’s past approach and experience with responding to quick turn-around task orders (e.g. within one day). Additionally, Offerors shall describe how they have managed fluctuations in workload and resources including use of contractor owned or contractor accessible facilities and equipment. The narrative may also include other relevant experience and approaches addressing other areas of the statement of work that are not listed as critical capabilities in Attachment L.16.1 (Relevant Past Performance Matrix), such as project management, provisioning, quality assurance, testing capabilities, etc.

If the Past Performance volume includes data on any parent or affiliated company of the Offeror, then include in the narrative what they will be responsible for and/or proposing to do and the specific resources (workforce, management, facilities, or other resources) to be provided or relied upon, such that said parent or affiliated company will have meaningful involvement in contract performance.

The Offeror may include up to one page per proposal (not per Task Category) of introductory material about the experience and performance of the Offeror including subcontractors (if applicable). This introductory material is in addition to the Task Category page limitation.

Past Performance Questionnaire (Attachment L.16.3) (not subject to page limitations) In addition to the information above, Offerors shall submit the Past Performance Questionnaire, Attachment L.16.3, to up to ten (per Task Category) of the point of contact references listed in Attachment L.16.2 (References Table). The Offeror is responsible for ensuring that references are directed to return one electronic copy of each questionnaire directly to the Contracting Specialist via e-mail as identified in provision L.8 Proposal Marking Instructions.

Where an Offeror chooses to request, from a civil servant employee at JSC, that a past performance questionnaire be submitted on its behalf, please be advised that a Limited Communications Notice (LCN) has been issued in conjunction with this solicitation. The LCN directs that all civil service personnel at JSC shall refrain from communicating with industry on any matters related to this competitive procurement; as a result, while the civil servants may respond to the past performance questionnaire, they will be unable to provide status to the Offeror, or communication in any other fashion with the Offeror, about that past performance request.

Other Past Performance Data (not subject to page limitations) Offerors shall provide the following performance data with explanatory remarks on relevant contracts performed in the last five years. Offerors shall identify the applicable North American Industrial Classification System (NAICS) Code for each relevant contract and shall include points of contact for each contract. If a joint venture or prime-subcontractor relationship is proposed, the same information shall be provided for each company proposed. Information on minor subcontrators shall not be included. Explanatory statements shall be included as appropriate. For all relevant work performed during the past five years from the date of the SEAM original solicitation, Offerors shall provide the following:

Environmental Data:

· Copies of any and all environmental non-compliance correspondence and citations from federal, state, or local agencies or authorities with explanatory remarks.

Safety and Health Data:

· Copies of any and all OSHA citations with explanatory remarks for any relevant contracts.

· Records of the company's OSHA recordable injuries and illnesses. These records shall include, for each relevant worksite, as a minimum, 1 copy of each year’s OSHA logs (Forms 300 and 300A) as required by Title 29 of the Code of Federal Regulations, Section 1904.5(d) including the applicable NAICS code, the number of employees at the worksite and the calculated OSHA recordable frequency rate.

· A list of all insurance carriers providing workers compensation coverage (or equivalent), including dates of coverage. Include points of contact and phone numbers. Offerors shall authorize the listed insurance carriers to respond to Government inquiries recording the Offeror’s past safety performance.

· The Offeror shall provide Experience Modification Rates as well as calculations supporting the Offeror’s workers’ compensation experience modifier. This shall include the state formula used for the computation, along with the loss ratio for each of the past three years (where the loss ratio is defined as the ratio of losses to premium). Show all figures used for computation.

· A letter from the insurance carrier summarizing the Offeror’s liability and lawsuit history related to safety and health performance for the past three years including a history of changes to the experience modifier rate. If an Offeror self-insures, provide and certify the same information (except the experience modifier rate history) with the signature of the responsible corporate officer or official.

L.15.2 PRICE FACTOR- VOLUME II

These instructions apply to the prime Offeror only.

To facilitate the Government’s evaluation of proposed prices, each Offeror shall submit a Price Proposal that is suitable for evaluation. This solicitation does not require certified cost or pricing data. However, to be suitable for evaluation, the Price Proposal shall:

· Describe how the proposed price(s) are realistic and sufficient to account for all labor and non-labor resources and all associated indirect costs and profit necessary to successfully perform all contract requirements using its proposed approach to accomplishing the work.

· Explain how proposed rate(s) for escalation are both realistic and compliant with the solicitation. This solicitation includes FAR Clause 52.222.-43, Fair Labor Standards Act and Service Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (May 2014). This clause does not allow Offerors to propose contingency to cover the specific risk that the Government may change the wage determination in the future. However, the clause does allow Offerors to propose escalation or to pay wages or health and welfare benefits higher than the minimum compensation required by the wage determination. The clause only allows for a price adjustment if the Government changes a wage determination in the future and those updated minimum wages or benefits exceed amounts previously being paid by the Contractor. Since the clause does not provide a price adjustment for other reasons, the Offeror shall provide rationale to demonstrate the realism of any proposed escalation in prices in consideration of the contract’s full period performance. This explanation shall address all labor resources for professional and wage determination covered employees, as well as, all non-labor resources.

· Provide the information required by the Detailed Price Proposal instructions below related to the proposed price(s).

· Ensure the prices supported as the proposed prices within the Price Volume are the exact same prices entered into the signed contract submitted as part of the proposal.

DETAILED PRICE PROPOSAL INSTRUCTIONS:

A. NASA Standard Labor Categories (SLCs) SLCs are intended to broadly group proposed labor into a manageable number of categories. These guidelines do not address all the possible specific skills, or requirements that any one occupation or profession may require. The Offeror is responsible for acquiring an understanding of the complexities of the work required to successfully meet the SEAM Task Category requirements. Accordingly, Offerors must propose the resources required to successfully meet these requirements.

For purposes of this proposal, the Government’s Standard Labor Category Descriptions located in Attachment J-7 shall be used.

B. Narrative Description of Proposed Price(s) Offerors shall describe in narrative form for all price elements listed below and fully explain the rationale and methodology it used to develop its proposed price(s).

1. Fully Burdened Rates (FBRs) – Provide each cost element of the proposed FBRs per NASA SLC, as follows:

i. Labor Rates – Consistent with the information provided in the Total Compensation Templates, describe how the proposed labor rates are consistent with the Offeror’s approach to recruiting and retaining qualified workforce. This narrative should accomplish the following:

i. Explain how the proposed labor rates will satisfy the economic terms of any applicable DOL wage determinations. The Offeror shall state affirmatively that their proposed rates are in compliance with the Wage Determination for the place of performance.

ii. Describe for each individual SLC, the base or bases of estimate used to propose the corresponding direct labor rate. The Offeror shall state the sources it considered, and the rationale for the selection or rejection of the sources considered. For example, if Salary.Com was considered, provide the reason for considering that data point, and provide the reasons for selecting or discarding these rates.

iii. Provide the base or bases of estimate used to develop proposed labor escalation rate per contract year, including supporting rationale.

Note: The proposed direct labor rates and labor rate of escalation discussed in this paragraph shall match the direct labor and labor rate of escalation proposed in the EPM Total Compensation Templates (TC)(a) and (TC)(b).

ii. Indirect Rates-

i. State if a Forward Pricing Rate Agreement (FPRA) applies. If not, complete the next two items:

ii. Describe the components (cost pool and allocation base) of each of the indirect rates (e.g. overhead, fringe, G&A) applied in the price proposal for each of the years included in the proposal.

iii. Explain any significant differences, trends or fluctuations in the rates incorporated into the price proposal when compared to the most recent three years of historical rates (in relation to changing pool costs or base costs).

iii. Subcontractor FBRs – Describe how the Offeror incorporated subcontractor’s FBRs, and explain how the proposed team composite (prime and all subcontractors) FBR per SLC was derived. If proposing different team composite FBR per SLC for each Task Category or Contract Type, provide additional explanation and supporting rationale.

2. Non-Labor Resources (NLR) –The Government is also providing the Specified NLR resources (“plugged” NLR dollars) per contract year for each Task Category.

i. Offerors shall identify any applicable indirect rates to the Government provided NLR dollars, based on the company’s accounting policies.

ii. Describe the components (cost pool and allocation base) of each of the indirect rates applied to NLR dollars, if different than the indirect rates described in Paragraph B.1.ii of this provision.

3. Profit

i. Provide the proposed profit rate(s) for the following:

a. Profit rate included in the FBR discussed in section B.1 of this provision. If proposing different profit rate for each Task Category or Contract Type, provide supporting rationale.

b. Profit rate to be applied to NLRs. Note: Offerors shall not propose a profit rate that exceeds 3%.

ii. Also explain why the proposed profit rate(s) is sufficient motivator of efficient and effective contract performance.

4. Charging of Office Supplies The contractor shall address how generic office supplies procured in support of this contract will be charged. Specify whether as a direct charge to the contract or an indirect charge or other. Direct charged office supplies shall be managed and administrated in accordance with the requirements of FAR 52.245-1 regardless of unit cost.

C. Pricing Methodology

1. Pricing for IDIQ RFP Specified Resources (SR) Due to the uncertainties involved with IDIQ work and with each Task Category requirements, Offerors are cautioned that this estimate does not reflect actual requirements for future task orders that will be issued under each Task Category and is not a guarantee of future work. Offerors are directed to Section B.8 regarding the guaranteed minimum order for IDIQ. These Government SR productive hours are used for proposal evaluation purposes only.

It is anticipated that the bulk of task orders and subsequent value of the contract will fall into Task Categories D & E. However, this can vary depending on unanticipated NASA priorities. While the total productive hours shown in the “EPM-Template IDIQ Workbook.xlsx” reflect relative anticipated sizing for each Task Category, and the SR hours assigned to each labor category are indicative of anticipated labor distribution for typical Task Orders in that category, these productive hours do NOT reflect actual estimates of expected task orders. The productive hours are provided for evaluation purposes only.

Offerors shall not change these Government provided SR productive hours per SLC for each Task Category, in their proposals. As previously stated, these SR hours for each Task Category are provided for evaluation of proposed FBRs per NASA SLC for each Contract Year. Please note that these SR productive hours do not include traditional G&A type personnel hours, such as: sales, finance, legal and executives.

Full Contract Year 2 through Contract Year 5 requirements may not be indicative of Contract Year 1 estimates prorated to a twelve month time period. Therefore this consideration shall be included in developing the Offeror’s FBRs. The pricing of Contract Year 2 through Contract Year 5 is for proposal purposes only and is intended to provide the Government visibility regarding the effect of the proposed rates in the out years for each proposed Task Category. The total price estimate for all contract years for each Task Category being proposed will be used for selection purposes.

To allow future flexibility on specific Task Orders, FBRs for Labor Categories grayed out can be provided.

D. Excel Pricing Model (EPM):

1. Workbook File

a. Format The EPM includes one workbook/file. The workbook/file must be automated to the greatest extent possible. The workbook/file shall be named :“EPM - Template IDIQ Workbook.xlsx” and include the following templates: Task Order Pricing Template (TOPT)-Specified Resources (SR)-Task Category A, TOPT-SR-Task Category B, TOPT-SR-Task Category C, TOPT-SR-Task Category D, TOPT-SR-Task Category E, and Total Compensation Templates (TC(a) through TC(c).

b. Formulas All formulas used in the workbook must be clearly visible in the individual cells and verifiable. Whereas linking among the spreadsheets within the workbook may be necessary; the use of external links (source data not provided to NASA) of any kind is prohibited. The workbook must contain no macros or hidden cells.

c. Locks The EPM and all its templates shall not be locked/protected or secured by passwords.

2. Price Proposal Organization The Government intends to use a personal computer with Microsoft Excel to aid in the evaluation of the Price Proposal. In addition, each prime is required to submit their EPM and any other electronic price data, including formulas in accordance with L.14.2 Proposal Arrangement, Page Limitations, Copies, and Due Dates.

Each proposal provided is to have an external label indicating:

· The name of the Offeror,

· The RFP number, and files/workbooks or range of files/workbooks contained in the proposal.

Any container and the proposal itself must be labeled. The use of a permanent marker by hand is acceptable.

For task categories A, B, C and D, when multiple versions of the same template are required, then submit the multiple templates inside one worksheet stacked vertically. For example, when proposing different FBRs for T&M and FFP portions of “TOPT-SR-Task A” through “TOPT-SR-Task D,” then two vertically stacked templates (T&M and FFP) will be submitted under each tab entitled “TOPT- SR- Task A” through “TOPT- SR- Task D” under the workbook “EPM - Template IDIQ Workbook.xlsx” for each applicable Task Category the Offerors are proposing.

All electronic file/workbook names included in the Offeror’s proposal shall begin with the appropriate workbook acronym, hyphen, followed by the first three letters of the Offeror’s company name. For example: Assume the Offeror’s company name is ABC Company and the Offeror has completed the EPM – Template IDIQ Workbook; the workbook/file name would be “EPM – Template IDIQ Workbook-ABC.xls.” Offerors shall use the Template acronyms below in naming individual worksheets/tabs within an Excel file/workbook:

TOPT-SR (Task A)–Task Order Pricing Template-Specified Resources (Task Category A) [Small Business (SB) Set-Aside]

TOPT-SR (Task B)–Task Order Pricing Template-Specified Resources (Task Category B) (SB Set-Aside)

TOPT-SR (Task C)–Task Order Pricing Template-Specified Resources (Task Category C) (Full and Open)

TOPT-SR (Task D)–Task Order Pricing Template-Specified Resources (Task Category D) (Full and Open)

TOPT-SR (Task E)–Task Order Pricing Template-Specified Resources (Task Category E) (SB Set-Aside)

TC (a) – Compensation Template (a): Salaries & Wages – Non-Exempt

TC (b) – Compensation Template (b): Salaries & Wages –Exempt

TC (c) – Compensation Template (c): Fringe Benefit Analysis of Compensation Plan

The Price Proposal templates are designed to provide NASA with information necessary to perform a price analysis. The specific templates required can be found in Attachment L.16.5.

PRICE TEMPLATE INSTRUCTIONS

a. Task Order Pricing Template for Specified Resources (TOPT – SR)* A separate TOPT-SR template for each Task Category (A-E) is provided for pricing the Government Specified Resources (SR) direct labor hours and “plugged” NLRs for each Task Category identified in the “EPM-Template IDIQ Workbook.xlsx.” The templates cover the estimated price (cost and profit) to perform the Government SR productive hours and NLRs for each Task Category being proposed. In addition, a separate TOPT-SR template for T&M and FFP is required if the Offeror is proposing separate FBRs for each contract type per applicable Task Category (the two boxes at the top section of each TOPT-SR are provided to facilitate this). Offerors shall refer to Paragraph D.2. above regarding the instructions for completing multiple versions of the same template. Offerors shall complete only the applicable TOPT-SR templates for those Task Categories they are proposing, and annotate the remaining TOPT-SR templates as “NOT APPLICABLE (N/A)” or Offerors may delete the remaining unused templates. Note: Task Category A, B and E are Small-Business Set-Aside. The template for each Task Category is divided into three main sections. The first section addresses Productive Hours.

Productive Hours The Government productive hours per NASA SLC are provided for each contract year per Task Category.

Contract Rates The second section addresses the Contract Rates. For each SLC, the Offeror shall input the proposed Fully Burdened Rate (FBR), inclusive of profit for each contract year. For SLCs that are grayed out, the Offeror may propose FBRs for each contract year. Otherwise the Offeror shall input 0 in each applicable columns. The FBRs per SLC are also the Contract Rates in Section B.9 and B.10 of the Model Contract. The FBRs must match the rates Model Contract Rates.

Fully Burdened Labor Price The third section addresses the Fully Burdened Labor Price. This section should automatically fill in by multiplying the SR productive hours by the Contract Rates for each SLC. This will be the Fully Burdened Labor Price per NASA SLC per contract year for each Task Category.

Non-Labor Resources (NLR) The bottom of the template addresses the NLR dollars, burden cost rates on NLRs (if applicable) and profit on NLRs. The NLRs included for each contract year are the “plugged” NLR dollars provided for each contract year, per Task Category. Offerors shall input any applicable burdens to the “plugged” NLR dollars per year, based on the company’s accounting policies. Offerors shall also input the proposed NLR profit rate. Proposed profit shall not exceed 3% to any proposed NLR dollars, excluding travel. Offerors shall not apply profit to cost of travel.

(Note: The prime and subcontractor profit applied to labor dollars are included in the proposed FBRs per SLC).

The burden rate(s) and profit rate on NLR dollars proposed here shall match the burden rate(s) and profit proposed in Section B.9 and B.10 of the Model Contract.

Total Compensation Templates The following compensation templates are required in order for the Government to assess whether the Offeror is responsive to FAR 52.222-41, Service Contract Labor Standards. These templates serve as supporting data to Volume II, Price Proposal. The “DOL WD” referred to in the Compensation Template (a) below are the current Wage Determination for the Offeror’s place of performance. Therefore, Offerors shall ensure that proposed labor rates for Non-Exempt labor categories shown in Compensation Template (a) comply with the minimum labor rates required by the current Wage Determination where the work will be performed.

1. Compensation Template (a): SALARIES AND WAGES – NON-EXEMPT The Offeror shall submit a completed Compensation Template (a) for non-exempt personnel for Contract Year 1. A separate compensation template (a) is required if the Offeror is proposing different labor rates and/or escalation rates per NASA SLC for each Task Category they are proposing. The box at the top section of the template is provided to facilitate this.

In the “LABOR CATEGORY - Offeror’s” column, list all proposed labor classifications (included in the Price Proposal), by titles from the Offeror's estimating system. Each of the Offeror’s Labor Categories shall be mapped to the NASA SLC column. The DOL WD or CBA column shall be mapped to the LABOR CATEGORY – Offeror’s column.