RFPN6274224R1321_PH1.pdf

REQUEST FOR PROPOSAL

N62742-24-R-1321

PACIFIC DETERRENCE INITIATIVE

MULTIPLE AWARD CONSTRUCTION

CONTRACT, VARIOUS LOCATIONS,

INDO-PACIFIC

PACIFIC DETERRENCE INITIATIVE MULTIPLE AWARD CONSTRUCTION CONTRACT, VARIOUS

LOCATIONS, INDO-PACIFIC

RFP N62742-24-R-1321

PROJECT TABLE OF CONTENTS

CONTRACTS TABLE OF CONTENTS

(1) REQUEST FOR PROPOSAL DOCUMENTS FOR N62742-24-R-1321

PART 1 – PROPOSAL FORMS AND DOCUMENTS

(A) SOLICITATION, OFFER AND AWARD (SF1442) (Rev. 4-85)

(B) 00 21 16 INSTRUCTIONS TO PROPOSERS

(C) 00 22 00 EVALUATION FACTORS FOR AWARD

(D) 00 45 00 REPRESENTATIONS AND CERTIFICATIONS

(E) 00 70 00 CONTRACT CLAUSES (BY REFERENCE)

(F) 00 73 00 SPECIAL CONTRACT REQUIREMENTS

PART 2 – GENERAL REQUIREMENTS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 3 – PROJECT PROGRAM

ISSUED WITH INDIVIDUAL TASK ORDER

PART 4 – PERFORMANCE TECHNICAL SPECIFICATIONS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 5 – PRESCRIPTIVE TECHNICAL SPECIFICATIONS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 6 – ATTACHMENTS

ISSUED WITH INDIVIDUAL TASK ORDER

(2) CONTRACT FORMS AND CONDITIONS OF CONTRACT

(A) SOLICITATION, OFFER AND AWARD (SF1442) (Rev. 4-85) INCLUDING

AMENDMENTS IF ANY

(B) 00 70 00 CONTRACT CLAUSES

(C) 00 73 00 SPECIAL CONTRACT REQUIREMENTS

PART 2 – GENERAL REQUIREMENTS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 3 – PROJECT PROGRAM

ISSUED WITH INDIVIDUAL TASK ORDER

PART 4 – PERFORMANCE TECHNICAL SPECIFICATIONS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 5 – PRESCRIPTIVE TECHNICAL SPECIFICATIONS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 6 – ATTACHMENTS

ISSUED WITH INDIVIDUAL TASK ORDER

808-474-5356

2:00 PM HST

See Doc 002116

See Doc 002116

N6274224R1321

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 15,000,000,000 Project Pacific Deterrence Initiative

FFP

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $15,000,000,000. Each contract will have a base period of 60 months and three 12-month option periods.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Project Pacific Deterrence Initiative- COST

COST

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $15,000,000,000. Each contract will have a base period of 60 months and three 12-month option periods.

FOB: Destination

MAX COST

DOCUMENT 00 21 16 TABLE OF CONTENTS

DOCUMENT 00 21 16

INSTRUCTIONS TO PROPOSERS

9/23

1.1 GENERAL REQUIREMENTS

1.2 NUMBER OF COPIES/TIME OF RECEIPT

1.3 INSTRUCTIONS FOR OBTAINING THE REQUEST FOR PROPOSAL

1.4 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

1.5 AMENDMENTS

1.6 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED

PARTNERSHIPS (LP), ETC.

1.8 COST DOCUMENTATION

1.9 FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

1.10 FAR 52.204-16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

1.11 FAR 52.211-6, BRAND NAME OR EQUAL (AUG 1999)

1.12 FAR 52.211-14, NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

1.13 FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

1.14 FAR 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1.15 FAR 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

1.16 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

1.17 FAR 52.216-27, SINGLE OR MULTIPLE AWARDS (OCT 1995)

1.18 FAR 52.222-5, CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK (MAY 2014)

1.19 FAR 52.222-23, NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1.20 FAR 52.222-56, CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(OCT 2020)

1.21 FAR 52.225-12, NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE I (MAY 2014)

1.22 FAR 52.228-17, INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021)

1.23 FAR 52.233-2, SERVICE OF PROTEST (SEP 2006)

1.24 FAR 52.236-28, PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

1.25 DFARS 252.204-7008, COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

1.26 DFARS 252.215-7008, ONLY ONE OFFER (DEC 2022)

1.27 DFARS 252.215-7010, REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA – BASIC (JAN 2023)

1.28 DFARS 252.236-7008, CONTRACT PRICES--BIDDING SCHEDULES (DEC 1991)

1.29 TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, WITHHOLDINGS

--End Document Table of Contents--

DOCUMENT 00 21 16

DOCUMENT 00 21 16

INSTRUCTIONS TO PROPOSERS

9/23

1.1 GENERAL REQUIREMENTS

A Multiple Award Construction Contract (MACC) is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement consists of one solicitation with the intent to award a minimum of three (3) Indefinite Delivery Indefinite Quantity (IDIQ) type construction contracts to the offeror(s) whose proposal(s), conforming to the RFP, will be most advantageous to the Government resulting in the best value, price and non-price factors considered. Successful offerors will compete for future work during the term of the contract.

If determined to be in the best interest of the Government, less than three (3) contracts may be awarded or the Government may cancel the procurement.

This procurement will follow the two-phase design-build selection procedures in accordance with FAR 36.3. The Government will evaluate phase-one proposals and select the most highly qualified offerors (minimum of three) to submit phase-two proposals. In phase-two, the Government will select the best value offerors using the tradeoff source selection process.

1.2 NUMBER OF COPIES/TIME OF RECEIPT

a. PHASE 1 PROPOSAL (FACTORS 1 THROUGH 4) (PAPER): An original paper and three (3) paper copies of the Phase 1 submission for Factors 1 through 4 shall be submitted no later than 11 September 2024, 2:00 p.m., H.S.T. in a sealed envelope and marked in the bottom right corner "PHASE 1 PROPOSAL SUBMITTED UNDER RFP N62742-24-R-1321 - DO NOT OPEN IN MAILROOM." The PHASE 1 SUBMISSION shall include the following:

(1) Signed and completed SF 1442 (Solicitation, Offer and Award)

Manually (wet signature) signed and completed SF 1442 (Solicitation, Offer and Award) (NOTE:

SF1442 Block 14 shall include the offeror’s name and physical address exactly as shown in the System for Award Management (SAM) registration. If mailing address is different from physical address, both addresses may be shown in Block 14, however both addresses shall be EXACTLY as shown in SAM).

The proposal and each bond (Phase II) or other document submitted by or on behalf of the joint venture shall be executed by each joint venture partner and shall be accompanied by evidence of the authority of the signer. That authority shall be evidenced by a document satisfactory to the Contracting Officer, which would ordinarily be, in the case of a corporate joint venture partner, a certified copy of a resolution of the board of directors, and in the case of an unincorporated joint venture partner, an instrument of similarly binding character duly executed by that entity. If one individual signs for more than one partner, the individual must sign separately for each partner which he or she represents, and must state under each signature the capacity in which he or she is signing (See FAR 4.102).

(2) Representations and Certifications (Document 00 45 00)

(3) Information required by paragraph 1.6, Pre-Award Survey/Responsibility Determination

(4) Information required by paragraph 1.7, Partnerships, Joint Ventures (JV), Limited Liability Companies

(LLC), Limited Partnerships (LP), Etc.

(5) Information required by paragraph 1.8, Cost Documentation

(6) All information required by Factor 1, Technical Approach

(7) All information required by Factor 2, Bonding Capacity

(8) All information required by Factor 3, Experience

(9) All information required by Factor 4, Performance Confidence Assessment (Past Performance)

b. PHASE 1 PROPOSAL (ELECTRONIC): An electronic copy of the Phase 1 submission shall be submitted in .pdf format on a CD-ROM with the paper copy. The offeror is responsible for ensuring that all original paper and electronic copies are identical. Should there be a discrepancy between the paper and electronic versions, the paper copy shall govern.

e. Proposals shall be submitted as follows:

(1) If sent via U. S. Postal Mail/Express Courier:

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

Construction Contracts Branch (CON33) 258 Makalapa Drive, Suite 100 Pearl Harbor, HI 96860-3134

(2) If hand-carried (Delivery hours between 7:00 AM and 2:00 PM HST, Monday through Friday except

Federal Holidays)

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

Construction Contracts Branch (CON33)

4256 Radford Drive, Building 62 (if facing the building office is on the right. DO NOT drop off at the Navy Federal Credit Union)

Honolulu, HI 96818-3296

1.3 INSTRUCTIONS FOR OBTAINING THE REQUEST FOR PROPOSAL

The RFP can be accessed at https://sam.gov. Printed copies of the RFP will not be issued.

1.4 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding the solicitation shall be submitted in writing in WORD format via electronic mail to Erin Hoe, Erin.Y.Hoe.civ@us.navy.mil. Questions shall reference the drawing/detail and/or the specification section including paragraph number. Verbal queries will not be entertained. Responses to the questions will be provided in the form of a Notice and posted to the web site https://sam.gov. The Government may not respond to questions submitted less than 10 business days before the proposal receipt due date.

1.5 AMENDMENTS

Amendments will be posted to https://sam.gov. It is highly recommended that firms register on the SAM website as an interested vendor as this will be the only planholder’s list available. It is the offeror's responsibility to check the website periodically for any amendments to the solicitation.

1.6 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

FAR §9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or the ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the non-price proposal evaluation. The following information shall be submitted:

a. The offeror shall submit a document that appoints, in writing, one or more individuals, by name, each of whom will have full and independent authority to bind the offeror with respect to any act connected with this solicitation, including but not limited to: the submission and revisions of a proposal or proposals by the company, the conduct of discussion or negotiations, the submission of a Final Proposal Revision (FPR), and the execution of a contract and associated documents including bonds. Documents of appointment by a supporting resolution of the board of directors in the case of a corporation and by an instrument of similarly binding character in the case of an https://sam.gov/ mailto:Erin.Y.Hoe.civ@us.navy.mil https://sam.gov/ https://sam.gov/ unincorporated entity. If bonds are not signed manually (wet signature), documents of appointment must include specific authorization and corporate approval for the use of electronic and facsimile signatures by the appointed individual(s).

b. Company financial statements (Balance Sheet, Income Statement, Statement of Cash Flow) for the past three years. Offerors shall submit the company’s Unique Entity Identifier (UEI) and provide the latest complete three (3) years fiscal year financial statements (for the Prime Contractor, certified by an independent accounting firm, if practicable, or at least by an authorized officer of the organization). If the Joint Venture has been in existence for less than three (3) years, also provide the latest complete three years fiscal year financial statements for each member of the Joint Venture. Each Joint Venture/LLC member or partner may submit the aforementioned proprietary financial information separately.

c. Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures discuss the financial responsibilities for each partner.

d. Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited or limited company (“LTD’s”) and newly-created corporate subsidiaries) that is the entity liable for the contract ordinarily have no financial capability to support a responsibility determination. In such cases, the offeror may rely on the resources of the LLC member, parent, limited partner, or other entities related to the offeror for responsibility purposes where the offer submits a guaranty from the entity providing the resources. The offeror shall provide a guaranty agreement (See Form DCMA Form 1620 attached) for the contract price.

e. A list of existing commercial and government business commitments to include contract numbers, names of Contracting Officers, telephone numbers, value of contract, completion date and percent complete. If the list of existing commitments is extensive, provide the required information on at least five projects of similar dollar value and a summary of the existing commitments to include number of contracts, total dollar value of all contracts, and total dollar value of work remaining.

f. Copy of the email confirmation of receipt notification of successful submission of the VETS-4212.

g. As a part of the pre-award survey, the contracting officer will verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk Assessment (SPRS) (https://www.sprs.csd.disa.mil/) (see DFARS 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022)) prior to award.

At minimum, a current Basic NIST SP 800-171 DoD Assessment is required prior to award.

The information submitted for the pre-award survey will not be considered in the non-price proposal evaluation unless separately submitted pursuant to the non-price proposal evaluation factor submission requirements.

1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED

PARTNERSHIPS (LP), ETC.

Partnerships, Joint Ventures, Limited Liability Companies, Limited Partnerships and Mentor-Protégé arrangements shall submit the following documentation regarding their business entities:

a. A copy of the Partnership Agreement, JV Agreement(s), LLC Operating Agreement(s), LP Agreement(s), and/or Mentor-Protégé Agreement(s). Contractor shall provide an updated copy whenever any change is made to the agreement.

b. The proposal and each bond or other document submitted by or on behalf of the joint venture shall be executed by each joint venture partner and shall be accompanied by evidence of the authority of the signer. That authority shall be evidenced by a document satisfactory to the Contracting Officer, which would ordinarily be, in the case of a https://www.sprs.csd.disa.mil/ corporate joint venture partner, a certified copy of a resolution of the board of directors, and in the case of an unincorporated joint venture partner, an instrument of similarly binding character duly executed by that entity. If one individual signs for more than one partner, the individual must sign separately for each partner which he or she represents, and must state under each signature the capacity in which he or she is signing (See FAR 4.102).

c. Identify (by name and title) the personnel having the authority to legally bind the Offeror (including authority to execute the contract documents and bonds).

d. Procedures in the event the entity is dissolved.

e. A detailed statement outlining the following in terms of percentages where appropriate:

(1) The relationship of the partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

(2) The management approach in terms of who will conduct, direct, supervise, control, and the controlling partner’s authority to obligate the entity.

(3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

f. Joint Ventures shall submit the following additional documentation regarding their business entities:

(1) Together with its proposal, each corporate joint venture partner shall submit evidence satisfactory to the Contracting Officer that its board of directors has approved its participation in the joint venture. Such evidence shall be in the form of a copy of a resolution of the board of directors, certified by the Secretary of the Corporation.

(2) Together with its proposal, each joint venture partner which is an unincorporated entity shall submit evidence satisfactory to the Contracting Officer that all persons or entities which must approve decisions affecting the joint venture partner have approved the participation of the joint venture partner in the joint venture.

1.8 COST DOCUMENTATION

The resulting IDIQ contract may issue Cost Reimbursement (Cost) task orders. Only contractors with approved Contractor Business Systems and Cost Accounting Standards (CAS) will be eligible to compete and receive future Cost task order awards. Prospective contractors may have approved Accounting, Billing, Purchasing systems and Disclosure statements, but will not be required in order to be eligible for PDI MACC contract award.

The information submitted to demonstrate adequate Business Systems and CAS compliance is not a part of the non-price or price evaluation. Cost Documentation may be submitted for review throughout the life of the contract.

The following information shall be submitted to be eligible to compete on future Cost task orders only:

a. Contractor Business Systems, Offerors shall submit the date, results, and the reporting Government office for the most recent reviews performed for the following: (i) Accounting; (ii) Estimating; (iii) Purchasing; (iv) Material Management; and (v) Government Property Systems. Note that Earned Value Management Systems (EVMS) is not applicable. Offerors shall include a copy of the most recent Cognizant Federal Agency Official (CFAO) Determination Letter for each contractor business system that has been reviewed within the past three

(3) years. Provide a listing of information to support the Government’s determination of the degree to which the offerors Contractor Business Systems are adequate and compliant with Government regulations and standards.

The information shall be provided for each related entity that will have direct or indirect costs or indirect cost allocations included in future Cost Proposals, to include: (i) Corporate/Parent; (ii) Interdivisional; (iii) Business Unit; (iv) Joint Ventures; and (v) any other such related entities. The Offeror shall provide a narrative explanation and responsibility matrix showing the proposed business system participation of all entities included within the Offeror’s Cost Documentation. For Joint Venture Offerors, the Contractor Business System responsibility shall be consistent with the Offeror’s executed Teaming, JV, LLC or Mentor-Protégé Agreement.

Proposals shall not include a description of each system, but shall include supporting information that will allow the Government to determine the status of these systems, in accordance with DFARS 252.242-7005.

All the Contractor Business System information requested above shall also be provided for any cost reimbursable subcontractors, to include any applicable related entities, which will be included in the Offeror’s future Cost Proposals. Cost-reimbursement subcontracts shall not be proposed without Contracting Officer consent and shall be proposed in accordance with FAR 52.244-2 Subcontracts, which requires the Prime Contractor to have an approved Purchasing System in advance of entering into any cost type subcontracts.

b. Accounting System, Offerors (to include all Joint Venture members) shall have a Cost Accounting System that has been reviewed by DCAA within the past three (3) years. If the Accounting System has not been reviewed within the past three (3) years, the request for a DCAA audit of a Contractor’s Accounting System (as needed) will be initiated by the Contracting Officer or by his/her representative. DFARS 252.242-7005 requires the establishment and maintenance of an acceptable Accounting System. The acceptability of the Accounting System is determined based on compliance with the system criteria of DFARS 252.242-7006. FAR 53.300 SF- 1408 contains the criteria requirements for an Accounting System to be acceptable for a Cost Accounting System that is not currently in full operation. Acceptable Cost Accounting Systems for all offerors (to include each Joint Venture Member) are required to receive Cost task order RFPs. It is not in the Government’s interest to delay award of any future Cost task order if it is determined other MACC holders can reasonably provide the services being acquired under the task order and have an acceptable Cost Accounting System.

c. Purchasing System, Offerors are required to have an approved Purchasing System that has been reviewed and approved in accordance with FAR part 44 by a Cognizant Federal Agency Official (CFAO). DFARS 252.242- 7005 requires the establishment and maintenance of an acceptable Purchasing System. The acceptability of the Purchasing System is determined based on compliance with the system criteria of DFARS 252.244-7001.

Acceptable Purchasing Systems for all offerors is required to be eligible to compete on Cost task orders. It is not in the Government’s interest to delay award of any future Cost task order if it is determined other MACC holders can reasonably provide the services being acquired under the task order and have an acceptable Purchasing System.

As required under Paragraph 1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LP), ETC, Offerors are to clearly define the structure, roles and responsibilities, and percentage participation of the team/partners/parties in terms of who will implement and control the DFARS 252.242-7005 Contractor Business Systems - Purchasing System. In the case of Teaming/JV/ Mentor-Protégé Agreements, the member responsible for implementing and controlling the Purchasing System is required to have an approved Purchasing System.

d. CASB Disclosure Statement, Offerors shall provide a copy of the most recent Cognizant Federal Agency Official (CFAO) Adequacy Determination Letter and the status of any revisions currently under review.

Offerors shall ensure the CASB Disclosure Statement submission and adequacy requirements are appropriately provided. If a CFAO Adequacy Determination Letter documenting an adequate Disclosure Statement is not available, provide a statement within the Cost Documentation, which states an adequate Disclosure Statement Letter is not available, and an explanation why. Adequate Disclosure Statements are required prior to award of the task order for each Offeror, unless the entity has a 48 CFR 9903.201-1(b) CAS Exemption. The request for a DCAA review of a contractor’s Disclosure Statement (as needed) will be initiated by the Contracting Officer or by his/her representative.

The Contracting Officer shall not award a CAS-covered task order until the CFAO has made a written determination that a required Disclosure Statement is adequate. It is not in the Government’s interest to delay award of future Cost task orders if it is determined other MACC holders can reasonably provide the services being acquired under the contract without requiring a waiver.

All the CAS Disclosure Statement information requested above shall also be provided for any cost reimbursable subcontractors, to include any applicable related entities, which are included in the Offeror’s Cost

Documentation. Cost-reimbursement subcontracts shall not be proposed without contracting officer consent and shall be proposed in accordance with FAR 52.244-2 Subcontracts, which requires the Prime Contractor to have an approved Purchasing System in advance of entering into any cost type subcontracts.

48 CFR 9903 provides detailed guidance on Disclosure Statement requirements.

As required under Paragraph 1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LP), ETC, the member responsible for implementing and controlling the DFARS 252.242-7005 Contractor Business Systems is required to have an adequate CASB Disclosure Statement.

e. CAS Compliance, As applicable, the offeror shall submit documentation addressing compliance with applicable Cost Accounting Standards (CAS) requirements, and provide a description of any outstanding CAS non-compliances and the potential impact of the CAS non-compliance to the Offerors future proposed costs/price. Offerors shall provide points of contact with phone numbers for the cognizant DCMA/DCAA offices that can confirm the current status of the Contractor Business Systems and CAS compliance. As required under Paragraph 1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LP), ETC, Offerors are to clearly define the structure, roles and responsibilities, and percentage participation of the team/partners/parties in terms of who will implement and control the DFARS 252.242-7005 Contractor Business Systems and compliance with Cost Accounting Standards (CAS); thus, the member responsible is required to submit documentation addressing CAS compliance.

Prospective offerors for Cost task orders will be evaluated to determine which Contractor Business Systems are sufficiently adequate and compliant with government regulations and standards. Contractor Business Systems are approved by cognizant contract administration offices such as the Defense Contract Management Agency (DCMA) or the Defense Contract Audit Agency (DCAA). The Offeror’s demonstrated ability to maintain government approved systems in the following areas will be evaluated: accounting, estimating, purchasing, material management, government property, Cost Accounting Standards (CAS) disclosure statements, and its demonstrated ability to maintain CAS compliant status.

The award of a CAS-covered task order requires the following: (i) acceptable Accounting System; and (2) Cognizant Federal Agency Official (CFAO) written determination that a required Disclosure Statement is adequate, unless a waiver is granted. Additionally, Cost task order RFP will require offerors to have an approved Purchasing System that has been reviewed and approved in accordance with FAR Part 44 by a CFAO.

1.9 FAR 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 the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM;

https://www.acquisition.gov/content/subpart-3211-electronic-funds-transfer#i1080713 https://www.acquisition.gov/content/subpart-414-reporting-executive-compensation-and-first-tier-subcontract-awards#i1121746

(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 the 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.

1.10 FAR 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.

http://www.sam.gov/ http://www.sam.gov/ https://www.sam.gov/

(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 Contractor 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.

1.11 FAR 52.211-6, BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

https://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_2

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

1.12 FAR 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-C2 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.

1.13 FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

1.14 FAR 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

1.15 FAR 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision-

Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show–

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

https://www.acquisition.gov/far/part-52#FAR_52_215_5 https://www.acquisition.gov/far/part-52#FAR_52_225_17

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

1.16 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

The Government contemplates awarding indefinite delivery indefinite…