OMBP Draft RFP Q_A (HQ0423-22-R-0008) Responses 15 MAR 2022.docx
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QUESTIONS and ANSWERS (Q&A) DoD Overseas Military Banking Program (OMBP) Draft Request for Proposal (RFP) March 15, 2022
The Draft RFP and associated responses are not part of the solicitation/contract. Participants in the solicitation process should rely upon the Final RFP and associated documents presented in the Final RFP posted on SAM.gov.
Q1: Does the Government consider projections of costs for the lifecycle replacement of existing ATMs and other government furnished property and equipment to be out of scope for the cost proposal?
A1: No, the Government does not consider projections for the lifecycle replacement of existing ATMs or other government property to be outside of the scope of offeror cost proposals. Prospective participants in the solicitation process should rely upon the Final RFP and associated documents, the government property attachment for example, to formulate a cost proposal. Service terms such as MBF locations and hours of services, ATM locations, authorized users, and services provided must be met. The method(s) and cost of providing those services, such as the ATM lifecycle replacement costs, are within the scope of proposals. The existing government property or existing contractor acquired property already purchased during the current or previous banking contracts will not be an additional cost to a potential future contract. Therefore, the cost of those previously purchased items should not be included in the proposal.
Q2: Will the Government consider the RFP being written with more flexibility for offerors to propose different approaches than traditional brick and mortar banking and enhanced focus on current and future banking given the significant change in use of digital services in banking:
A2: All service terms identified in the RFP, to include banking facility brick and mortar operating locations and hours of service, ATM locations, and services provided must be met. The means in which service terms are met are not defined. As identified during the Industry Day presentation, the Overseas Military Banking Program helps enable the DoD mission abroad at static and dynamic locations, supports the exported US Dollar economy located on installations abroad, and provides retail banking products and services to individuals. These service terms provide the Military Services, including Disbursing Officers, military members and civilian employees, and organizations financial support required at overseas installations. Proposals should contain means of achieving these service terms however as identified in Section M Subfactor 3 (Attachment 1 contains revised Draft Sections L and M), new program changes, to include changes to service terms, may be undertaken during contract performance.
Q3: The Draft RFP includes section C-15 and C-16 which are new requirements not provided for in the current contract which meaningfully changes the historical operating footprint of the Overseas Military Banking Program. Please describe the intent of these clauses and document the legality of the proposed operations. Which regulatory entity would have authority over these activities since these services will be provided CONUS?
A3: Sections C-15 and C-16 in the Draft RFP are being reviewed by the Government. The Sections are provided below for reference.
C-15. PROVIDING FINANCIAL SERVICES TO NON-DEPARTMENT OF DEFENSE FEDERAL AGENCIES
The Contractor, when directed by the contacting officer, shall provide banking services (including ATMs) to non-Department of Defense Federal Government Agencies and other associated authorized accountholders and users. Banking facilities, including ATMs, may be placed on non-DoD locations only when that placement is consistent with the applicable local laws as amended or modified by SOFAs, other international agreements, or U.S. law or regulation. The services provided shall be under the same terms and services as those provided to Department of Defense customers. The Contracting Officer or contracting officer representative may alter the terms and services by modification or technical direction letter. The non-Department of Defense Agency shall reimburse the Department of Defense for all expense incurred in providing this service.
C-16. PROVIDING FINANCIAL SERVICES TO DEPARTMENT OF DEFENSE INSTALLATIONS WITHIN THE UNITED STATES The Contractor, when directed by the Contracting Officer, shall provide banking services (including ATMs) to Department installations within the United States or its territories or possessions and other associated authorized accountholders and users. The services provided shall generally be provided under the same terms and services as those provided to Department of Defense overseas customers. The Contracting Officer or contracting officer representative may alter the terms and services by modification or technical direction letter.
At this time the Government does not anticipate including the above Sections as part of the OMBP requirement in the Final RFP. A revised Draft OMBP PWS is provided as Attachment 2.
2 Attachments
1. Revised Draft OMBP Sections L and M
2. Revised Draft OMBP PWS
Q&A ATTACHMENT 1
REVISED DRAFT OMBP SECTIONS L & M
DRAFT Section L - Instructions, Conditions and Notices to Bidders
ITO
INSTRUCTIONS TO OFFERORS
L-1. PROPOSAL PREPARATION AND SUBMISSION
L-1.1. GENERAL INSTRUCTIONS
Offerors shall submit proposals with a Cover Letter and separate proposals into three distinct Volumes:
PROPOSAL
VOLUME
REFERENCE/PROPOSAL VOLUME
CONTENT TITLE
MAXIMUM NUMBER OF PAGES
I
TECHNICAL
Factor 1
| Cover Letter |
| 5 Pages |
| Technical Approach |
| 250 Pages |
Resumes (Appendix A)
No Page Limit
Transition Plan (Appendix B)
GPATS (Appendix C)
Representations and Certifications (Appendix D)
II
PAST PERFORMANCE
Factor 2
Past Performance
No Page Limit
III
COST
Factor 3
Cost
No Page Limit
L-1.2. PROPOSAL SUBMISSION INSTRUCTIONS
Offeror proposals shall be submitted by the time and date specified on pages 1 and 2 of the RFP). Offeror proposals shall be submitted electronically to the Government via DoD SAFE at https://safe.apps.mil/ and directed to Ms. Dana King at dana.l.king4.civ@mail.mil and Mr. William Mark Mayo at william.m.mayo8.civ@mail.mil.
1. Offerors must electronically submit their technical proposal (Volume I), past performance proposal (Volume II), and cost proposal (Volume III). (All data submitted must be in a format readable by Adobe PDF, Microsoft Word, PowerPoint, or Excel.)
1. DoD SAFE allows safe transfer of unclassified files up to eight GB. It requires a Common Access Card (CAC) holder to request the transfer into the Government network (e.g., proposal submittals). The website for DoD SAFE is: https://safe.apps.mil. See the website “Help” page for more information.
1. When DoD SAFE is used, the Offeror must receive a “drop-off request” from an inside (i.e., CAC holder) user. The Offeror must email the CO to request a “drop-off” request. After the CO generates a “drop-off” request for the Offeror, the Offeror will receive an email with a link to submit their “drop-off.” Proposals must be sent to both the Primary and Alternate POCs. Specific DoD SAFE instructions are provided in Section B of this RFP.
1. All Offerors intending to submit a proposal in response to this solicitation shall request a DoD SAFE link no later than May 17, 2022 at 3:00 PM EST. The email request shall include the name of the company, point of contact, phone number, and email address. It is the Offeror’s responsibility to follow up with the Contracting Officer, Ms. Dana King, if they do not receive a DoD SAFE link. Although, the DoD SAFE link will be valid 14 days after receipt, the proposal due date and time for this solicitation is May 19, 2022 at 3:00 PM EST.
1. Submissions not timely dropped off with the DoD SAFE website may not be considered. It is the Offeror’s responsibility to ensure that its entire proposal is actually timely dropped off. After drop off the Offeror will receive a notification on the site 'Drop-Off Completed' 'Your files have been sent successfully.' The Offeror should retain a screenshot of this notice.
1. The DoD SAFE system will record the date and time of package submittal. The date and time of package submittal recorded in DoD SAFE shall govern the timeliness of any proposal submission. Proposals received after May 19, 2022, at 3:00 PM EST will be considered late. It is the Offeror’s responsibility to ensure that its entire proposal (Volumes I, II, and III) is timely received.
L-1.3. PROPOSAL PREPARATION
1. Inherent knowledge and/or any data previously submitted in response to another solicitation will be assumed unavailable to the Government; and this data shall not be incorporated into the technical proposal by reference. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror's proposal.
1. Clarity and completeness of the proposal are of the utmost importance. The proposal must be written in a practical, clear, and concise manner and shall include sufficient detail for effective evaluation of all factors and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government's requirements, but rather the proposal shall provide convincing rationale to address how the Offeror intends to meet these requirements. The proposal must demonstrate and/or show how the Offeror will fulfill the requirements described in the PWS. The proposal must demonstrate the Offeror’s subject knowledge, staffing approach, and management approach to meet the services identified in the PWS. It must use quantitative terms whenever possible and must avoid qualitative adjectives to the maximum extent possible. Proposal volumes must not contain conflicting information or the proposal may be considered unrealistic and may be considered unacceptable.
1. Proposals shall not be classified. Proposals submitted in response to this solicitation must follow the format in paragraph d. below and contain the required proposal content for the respective Volume.
1. Proposals must be legible, in English, single- or double-spaced. The font must be no smaller than 10 point with normal (uncondensed) spacing. Text included within the headers/footers is excluded from the margin restrictions, and permitted to be smaller than 10 point font, provided it is legible. The page number, section number and corporate logo may extend into the one-inch margin. All other graphics shall stay within the one-inch allowable margin. All graphics should be single-spaced.
L-2. PROPOSAL CONTENT - SPECIFICS
L-2.1. VOLUME I - TECHNICAL PROPOSAL
Technical proposals must address all requirements identified in Section M, paragraph M-3. FACTOR I: TECHNICAL FACTORS/ SUBFACTORS. Technical proposals must be on pages formatted for 8 ½ by 11 inch paper with one-inch margins on all sides. The technical volume shall not exceed 250 pages, excluding cover pages, cover letters, table of contents, indices, or the Appendices (Appendix A – Resumes, Appendix B – Transition Plan, Appendix C – GPATS, Appendix D – Representations and Certifications.
Offerors are required to complete the solicitation as applicable, including a Cover Letter and provide all required Representations and Certifications. Further, the Offeror must demonstrate the ability and experience to implement all aspects of military banking operations including the products, services, and standards of the retail banking industry in the U.S. and OCONUS for each of the evaluation criteria set forth in Section M, “Evaluation Factors for Award.”
Proposals submitted in response to this RFP must consist of a technical proposal, with sections for Banking Operations; Program Governance; System, Hardware and Software Maintenance and Replacement and New Program Changes; and Transition Approach. The technical proposal shall not contain any contract price or cost information. The Offeror may state in the technical proposal that the price or cost information requested in Section L-2, Technical Information, is provided in the cost proposal.
1. The Cover Letter shall include the RFP number, date of submittal, the Offeror’s name, address, CAGE code, name, phone number, and email address of POC who is authorized to contractually obligate the Offeror. The Cover Letter shall also include a statement that the Offeror understands the requirements specified and will meet the performance standards and requirements therein, and a statement that the Offeror does or does not take exception to any of the requirements contained in this RFP, and any interpretations, qualifications, or assumptions made by the Offeror concerning its proposal.
1. The SF 33, Solicitation, Offer, and Award, is being used for this solicitation, and must be provided as an Attachment to the Offeror’s Cover Letter. This form is used by the Government as an RFP and, upon submission by the Offeror, it becomes the Offeror's proposal. The Offer and Acceptance form the Contract; therefore, the following points must be strictly adhered to by the Offeror in submitting the proposal:
1. The SF 33 must be executed by a representative of the Offeror authorized to commit the Offeror to contractual obligations.
1. Under no circumstances make alterations or changes to the sf 33 or the related pages which are a part of the RFP and proposal packet. Complete those parts which require items such as price, place of performance, acknowledgements, etc., when such items are called for in the enclosed request for proposal. A place is provided to insert such information in the applicable Section of the RFP.
1. Resumes of Key Personnel (not included in the 250 page limit) shall be provided as Appendix A to the technical proposal. Resumes are limited to three pages per resume, and must be provided for the positions identified as “Key Personnel” in Section M.
1. Small Business Subcontracting Plan
1. FAR 52.2199 requires that the Offeror, submit a subcontracting plan, where applicable, which addresses subcontracting with small business concerns and small disadvantaged business concerns, which shall be included in and made a part of the resultant Contract.
1. Specific subcontracting plan requirements are listed in FAR 19.704. The subcontracting plan must include subcontracted services for home office operations (OCONUS operations are exempt from the subcontracting plan requirements). Plans which do not address all items listed therein are not acceptable.
1. Subcontracting plans shall have both percentage and dollar goals for subcontracting with small business concerns and small disadvantaged business concerns that are positive (e.g., greater than zero). See Attachment J-22 for the “DoD Checklist for Reviewing Subcontracting Plans.”
1. The Transition Plan (not included in the 250 page limit) as set forth in Section M-3, Subfactor 4 (Transition Plan) shall be provided as Appendix B to the technical proposal.
1. Government Product Accessibility Templates (GPAT) (not included in the 250 page limit). Offerors shall complete the GPATs as set forth in Section J, Attachments J-10, J-11 and J-12 and provide the completed GPATs as Appendix C to the technical proposal. Refer see Section H-40 for additional information.
1. Offeror Representations and Certifications (not included in the 250 page limit). Offerors shall complete Representations and Certifications and provide as Appendix D to the technical proposal.
1. Status Of Forces Agreement (SOFA) ARTICLE XIV STATUS - JAPAN
Offerors seeking SOFA Article XIV status for itself and its employees shall submit the following with their proposal:
1. Proof that the contractor employee is a person ordinarily residing in the United States or a corporation organized under the laws of the United States or any state thereof and that its presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces;
and
1. Proof that contractor employees are United States nationals ordinarily residing in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the United States armed forces.
L-2.2. VOLUME II - PAST PERFORMANCE
Proposals must address all requirements identified in Section M, paragraph M-4. FACTOR 2: PAST PERFORMANCE.
1. The Offeror shall include within their proposal a demonstration of experience with at least one and up to three contracts, business relationships, or similar contract-like instruments for the provision of services on directly related or similar federal, state, or local government contract vehicles, private contracts and/or subcontracts similar to this effort. (The information must be clear (d)whether the work by the Offeror was done as a prime contractor or a subcontractor on the effort). Offerors who describe similar contracts and subcontracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the RFP. Past performance information (PPI) is limited to four pages per reference.
1. Contracts submitted to validate past performance shall be listed chronologically and should not include any contracts below the dollar thresholds listed below:
1. Offeror as prime or subcontract - $1 million
1. Offeror’s proposed subcontractor - $250,000
1. Offerors shall submit past performance information on proposed subcontractors who are to perform 10% or more of the proposed contract amount per year. Subcontractor past performance must be relevant to the work required under this RFP and to the work to be subcontracted.
1. Offeror References: Prior to sending to references, offerors shall complete Sections I and II of the Past Performance Questionnaire (PPQ) (see Section J, Attachment J-23). A copy of each PPQ sent to a reference shall be included in the offeror’s Past Performance volume.
1. Past Performance Questionnaire. Offerors shall forward a copy of the PPQ (see Section J, Attachment J-23) to all references cited in their Past Performance volume. The cited references shall submit the completed PPQ to the DFAS Contracting Office Points of Contact shown below. Failure of the cited references to submit the PPQ may have an impact on an Offeror’s past performance rating, which may also impact contract award. Past Performance Questionnaires may be submitted by email to:
Ms. Dana King and Mr. William Mark Mayo at the email addresses shown below.
| Ms. Dana King | Mr. William Mark Mayo | |
| dana.l.king4.civ@mail.mil | william.m.mayo8.civ@mail.mil |
L-2.3. VOLUME III – COST/PRICE
Proposals must address all requirements identified in M-5. FACTOR 3: COST/PRICE. The Offeror's cost proposal shall include, but not necessarily be limited to, the following:
1. ATTACHMENT J-24 OMBP Total Proposed Cost & Fixed Fee. Offerors must complete Attachment J-24 in its entirety (i.e., each worksheet must be completed within the Excel workbook). Offerors must provide a summary of the total program cost and fixed-fee for the base year and all nine one-year option periods, and the six month extension of services. Offerors are not required to submit cost information for any Bad Debt CLINs.
1. Additionally, Offerors must also ensure additional worksheets are provided if needed to present the following:
1. Identification of all costs related to any subcontracts; e.g., core application platforms/software/etc., network support, ATM channel, courier services, etc. Offerors shall identify all known first-tier subcontractors with anticipated subcontracts of $3 million or more.
1. Identification of charges for those products identified in accordance with the provisions of Sections C and J.
1. Cost Proposal Requirements-Home Office:
1. Offerors shall identify the location of their proposed Home Office and provide a brief summary of the functions to be performed at the Home Office.
1. Offerors shall provide a complete cost proposal, including fixed fee, to perform the identified home office functions.
1. Cost Proposal Requirements-MBF Locations:
Offerors shall provide a cost proposal (including fixed-fee) for the MBF regions identified in Attachment J-1. The OMBP regions are categorized (for cost/pricing purposes as: C-1 Germany/Netherlands, C-2 Korea/Diego Garcia, C-3 Japan/Okinawa, C-4 Italy, C-5 United Kingdom, C-6 Cuba & Honduras, and C-7 Kwajalein. Costs for locations identified in Attachment J-1 as “ATM Only” shall be included in the cost proposal for the MBF region in which the ATM is included. For example, the first OCONUS region identified in Attachment J-1 is European Theater - Germany/Netherlands, which has many “ATM Only” locations. The costs to operate these ATMs must be included in the proposal. However, the costs for the “ATM Only” locations must be separately identified in the applicable region’s proposal. All direct labor expenses shall be listed individually by position, by region and not be shown solely in the aggregate for each region. When direct labor expenses are based on local labor laws, an Offeror’s proposal shall indicate such labor laws.
1. Submission of the Offeror's most recently published and audited financial report.
1. Submission of the Offeror's current published company compensation policy.
1. Submission of the Offeror's current Foreign Severance Payment Plan plus changes, if any, proposed for the OMBP.
1. Submission of the Offeror's current list of insurance schedule/coverages (e.g., bankers bond, liability, etc.) deemed necessary for the program, including the type of insurance, limits of coverage, and deductibles; plus changes, if any, proposed for the OMBP.
1. Pricing Information Submission:
1. Proposed direct and indirect costs must be properly chargeable, auditable, and trackable. Quoted costs shall be the Offeror's best estimate of the total cost of performance.
1. Show the hourly rate and total hours for each individual (if known) and the labor category. Indicate whether actual rates or escalated rates are used. If escalation is included, state the percent and rationale used.
1. Show the total cost of subcontracted items and indicate the basis for the amount proposed.
1. For the purposes of the cost realism analysis, offerors must provide the following cost/pricing information by geographical area:
1. A detailed breakdown of the salaries and wages at the MBFs. The breakdown shall include position titles, position descriptions, labor rates and/or salaries, a basis for escalation rates used for out years for both local nationals and U.S. dependents, the total number of FTEs at each position for each geographical area and all applicable calculations included in the proposed cost. Any expatriates shall be clearly identified as such.
1. A detailed breakdown of the salaries and wages at the home office and district offices. The breakdown shall include position titles, position descriptions, labor rates and/or salaries, a basis for escalation rates used for out years, the total number of FTEs at each position for each location and all applicable calculations included in the proposed cost. Any expatriates shall be clearly identified as such.
1. In support of total communications, equipment and software cost amounts proposed, provide a detailed itemized cost breakdown for all items proposed, including descriptions, unit price/cost and projected quantities by geographical area. Individual items costing less than $1000 each may be included as an aggregate in an “Other” category.
1. Offerors shall propose a fixed-fee amount which, as the term applies, is an amount which, once negotiated, does not vary with actual cost. However, changes due to increases/decreases in the number of MBFs/ATMs being operated may require a re-negotiation of the fixed-fee. Items typically excluded from the fixedfee base may include, but are not limited to, expenses associated with: travel and transportation, equipment acquisitions (by lease or purchase), facility renovations, interest, and losses or shortages.
L-3. MISCELLANEOUS PROPOSAL INSTRUCTIONS
1. Products and Services. For the purposes of this solicitation, the Offerors shall base its proposal on those products and services and miscellaneous provisions identified in Section C.
b. Charge for Products and Services. For the purposes of this solicitation, The Offeror shall use the charges, fees, and rates located at Section J, Attachments J-6/6a. In addition, the Offeror shall use data provided in the January 2022 DoD Program Management Summary Report (REDACTED) in developing their proposal (Reference Section J, Attachment J-17.)
c. Reporting Requirements. For the purposes of this solicitation, the Offeror shall base its proposal on the reporting requirements identified in Section F. Alternatives to improve both management and financial reporting are encouraged.
d. Locations of MBFs and Supporting Activities. For purposes of this solicitation, The Offeror’s proposal shall be based on the MBF Operating Locations set forth in Section J (Attachment J-1) and the MBF Operating Hours set forth in Section J (Attachment J-2).
e. Collection of Bad Debts. For the purposes of this solicitation, The Offeror shall base its proposal on the collection requirements and procedures identified in Sections C and G. Actual bad debt losses will be reimbursed by the Government in accordance with Section C. Offerors are not required to include amounts for bad debt loss in their proposal.
f. Offerors’ shall use the Foreign Currency Exchange Rates provided in Section J, Attachment J-7, in preparing their proposal.
g. Offerors’ shall use the Information Systems Architecture Overview and ATM Lifecycle Information provided in Section J, Attachments J-18 and J-19(a&b), in preparing their proposal.
i. Offerors are required to provide insurance coverage amounts for the categories identified in the table at Section H-8b.
j. Offerors proposing any government property in addition to that listed in Attachment J-16, “GOVERNMENT PROPERTY” shall identify this in a proposed revision to J-16.
L-4. EVALUATION OF OPTION YEARS
The Government will evaluate cost/price by adding proposed cost/prices for all CLINs (base year and all option years as well as the six-month extension under FAR 52.217-8, as applicable) to arrive at the total evaluated price (TEP). Evaluation of all options shall not obligate the Government to exercise the option(s).
L-5. FIXED FEE
1. Except as may be explicitly provided for elsewhere in the resultant Contract, compensation to the Contractor shall be limited to a fixed fee.
1. In accordance with Section G entitled “Fixed-Fee Summary,” a fixed fee shall be paid in equal monthly installments.
L-6. CERTIFICATION OF COST OR PRICING DATA
If a resulting contract meets the criteria expressed in FAR 15.403-4, and for submission of certified cost or pricing data, the Contractor shall be required to submit one completed certificate as soon as practicable after agreement is reached on the contract price.
L-7. GOVERNMENT FURNISHED PROPERTY
1. The Government contemplates furnishing all overseas real property facilities, office furniture, and office equipment necessary to provide the banking products and services specified in the solicitation. A listing of the government property to be provided is set forth in Section J, Attachment J-16.
1. All office furniture and office equipment currently in use in the MBFs is determined to be government property (see Section J, Attachments J-16 [Government Property] and J-19a&b [ATMs]). The items identified as government property may/may not be sufficient to equip the stateside home office. If additional items other than those listed in Attachment J-16 are required, the additional items must be identified in the cost proposal.
1. Daytoday supply items necessary to provide banking products and services will not be furnished.
1. The Offeror shall set forth in its technical proposal a listing of additional furniture and office or automation equipment required, if any. The need for such additional furniture and equipment shall be fully justified.
L-8. AVAILABILITY OF EQUIPMENT/SOFTWARE
The equipment/software proposed must have been formally announced for marketing purposes on or before the closing date of the solicitation and/or be capable of a demonstration as specified within this solicitation.
L-9. ACCEPTANCE OF PROPOSALS
1. The Government reserves the right to consider as acceptable only those proposals submitted in accordance with all technical requirements set forth or referenced in this solicitation and which demonstrate an understanding of the scope of the requirement.
1. The Government reserves the right to reject, as unacceptable, proposals deleting or altering technical requirements which are considered by the Government to be beyond the state-of-the-art or impossible of attainment.
L-10. NEWS RELEASE
News releases pertaining to this acquisition shall not be made without prior approval of the Contracting Officer.
L-11. INCURRING COSTS
The Government is not liable for any costs incurred by the Offeror(s) in submitting Offers in response to this solicitation.
CLAUSES INCORPORATED BY REFERENCE
| 52.214-34 |
| Submission Of Offers In The English Language |
| APR 1991 |
| 52.214-35 |
| Submission Of Offers In U.S. Currency |
| APR 1991 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.219-7000 |
| Advancing Small Business Growth |
| SEP 2016 |
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(End of Provision)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)
(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.
(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.
52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021)
(a) Exceptions from certified cost or pricing data.
(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--
(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;
(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;
(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.
(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:
(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.
As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT EFFORT (OCT 2009)
(a) Definitions. Added value, excessive pass-through charge, subcontract, and subcontractor, as used in this provision, are defined in the clause of this solicitation entitled ``Limitations on Pass-Through Charges'' (FAR 52.215-23).
(b) General. The offeror's proposal shall exclude excessive pass-through charges.
(c) Performance of work by the Contractor or a subcontractor. (1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be performed by each subcontractor, under the contract, task order, or delivery order.
(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal--
(i) The amount of the offeror's indirect costs and profit/fee applicable to the work to be performed by the subcontractor(s); and
(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).
(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal--
(i) The amount of the subcontractor's indirect costs and profit/fee applicable to the work to be performed by the lower-tier subcontractor(s); and
(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Cost-Plus-Fixed-Fee (CPFF) contract resulting from this solicitation.
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)
If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246.
52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT 2020)
(a) The term ``commercially available off-the-shelf (COTS) item,'' is defined in the clause of this solicitation entitled ``Combating Trafficking in Persons'' (FAR clause 52.222-50).
(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that--
(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and
(2) Has an estimated value that exceeds $550,000.
(c) The certification shall state that--
(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and
(2) After having conducted due diligence, either--
(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or
(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.
52.233-2 SERVICE OF PROTEST (SEP 2006)
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:
Ms. Dana King, Contracting Officer at:
dana.l.king4.civ@mail.mil.
The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.237-1 SITE VISIT (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (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):
https://www.acquisition.gov/content/regulations
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (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 DoD Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.215-7009 PROPOSAL ADEQUACY CHECKLIST (JAN 2014)
The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offeror's checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate.
PROPOSAL ADEQUACY CHECKLIST
REFERENCES
SUBMISSION
ITEM
| PROPOSAL PAGE No. |
| If not provided EXPLAIN (may use continuation pages) |
GENERAL INSTRUCTIONS
| 1. |
| FAR 15.408, Table 15-2, Section I Paragraph A |
Is there a properly completed first page of the proposal per FAR 15.408 Table 15-2 I.A or as specified in the solicitation?
| 2. |
| FAR 15.408, Table 15-2, Section I Paragraph A(7) |
Does the proposal identify the need for Government-furnished material/tooling/test equipment? Include the accountable contract number and contracting officer contact information if known.
| 3. |
| FAR 15.408, Table 15-2, Section I Paragraph A(8) |
| Does the proposal identify and explain notifications of noncompliance with Cost Accounting Standards Board or Cost Accounting Standards (CAS); any proposal inconsistencies with your disclosed practices or applicable CAS; and inconsistencies with your established estimating and accounting principles and procedures? |
| 4. |
| FAR 15.408, Table 15-2, Section I, |
Paragraph C(1)
FAR 2.101, “Cost or pricing data” Does the proposal disclose any other known activity that could materially impact the costs?
This may include, but is not limited to, such factors as—
(1) Vendor quotations;
(2) Nonrecurring costs;
(3) Information on changes in…
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