Section L.docx

Section L - Instructions, Conditions and Notices to Bidders

SECTION L – INSTRUCTIONS TO CONTRACTORS

A. GENERAL INSTRUCTIONS

1.0 GENERAL

1.1 This competitive Request for Task Order Proposal (RFTOP) is a Full and Open competition and only qualified businesses that currently hold a Seaport NxG MAC will be considered for Task Order (TO) award. The Government intends to award a single TO as a result of this RFTOP. This acquisition will be conducted using Federal Acquisition Regulation (FAR) 16.507 Fair Opportunity Procedures. Section L contains instructions on how to prepare and submit TO proposals in response to this RFTOP. Omission of any response, submission, requirements, or nonconformance with these instructions may result in an unfavorable TO proposal evaluation and elimination from consideration.

1.2 The Government will base its evaluation on the information presented in the Contractor’s TO proposal. The Contractor has the burden to submit a TO proposal that clearly and convincingly demonstrates that the Contractor has an accurate understanding of the requirements, the associated risks, and otherwise sufficiently addresses all aspects of the RFTOP. In presenting material in the TO proposal, the Contractor is advised that quality of information is more important than quantity. Clarity, brevity, and logical organization shall be emphasized during TO proposal preparation.

1.3 The Contractor must respond to all requirements of the RFTOP and not alter or rearrange the RFTOP. The Contractor is advised that the Government may incorporate any portions of the Contractor’s TO proposal into the resulting TO.

1.4 Alternative TO proposals are not acceptable. The Government advises the Contractor that taking exception or deviating from any term or condition of the RFTOP may result in rejection of the TO proposal.

1.5 Contractors are strongly encouraged to carefully review Section C Statement of Work (SOW), Section L Instructions, Conditions and Notices to Bidders, and Section M Evaluation Factors of this RFTOP when providing their written response.

1.6 All TO proposals must be UNCLASSIFIED. Password protected or encrypted proposals are prohibited.

1.7 Throughout these instructions, a “principal subcontractor” is defined as a subcontractor who provides at least 20% of the proposed total cost/price (excluding the Prime Contractor’s profit/fee) for the TO or provides one or more Key Personnel.

It is the Contractor’s responsibility to submit a TO proposal that enables Government evaluators to effectively evaluate and substantiate the validity of any assertions set forth in the Contractor’s TO proposal. Assume the Government has no prior knowledge of a Contractor’s facilities and experience. Accordingly, do not simply rephrase or restate the Government's requirements. Statements that the Contractor will provide a particular feature or objective without explaining how the Contractor proposes to meet that feature or objective are generally inadequate and may adversely impact the Government’s evaluation of the Contractor. Also inadequate are the following types of statements (but not limited to):

· Unsupported statements that the Contractor allegedly understands the requirements and risks;

· Unsupported statements that the Contractor allegedly can or will comply with requirements;

· Unsupported statements that merely paraphrase the requirements;

· Undefined or explained statements such as “best commercial practices will be used;”

· Undefined or explained statements such as “standard procedures will be used;” and

· Undefined or explained statements such as “well-known techniques will be employed.”

Unsubstantiated and inadequate statements that the prospective Offeror understands, can or will comply with the specifications or paraphrasing the requirements or parts thereof will be considered inadequate and may render a rating of unacceptable.

1.8 There is no need to repeat information in the same volume or in more than one volume. If an overlap exists, the detailed information should be included in the most logical place and summarized and referenced in other areas. No cost or pricing information should appear in any Technical Volume. Proposals that fail to separate cost information from the Technical proposal may not be considered for award.

1.9 The TO period of performance is anticipated to begin in the fourth quarter of the Government’s Fiscal Year 2026. Please note that there is no Contract Line Item Number (CLIN) associated with the transition period, as the Government will not reimburse the contractor for costs associated with transition efforts. Transition costs are considered overhead costs that are not direct charged to the Government.

1.10 CAUTION: The Contractor is advised that if the Government deems any portion of its technical response noncompliant, no further evaluation will be conducted on the Cost/Price response, Past Performance response, or the remaining technical response.

2.0 TO PROPOSAL FORMAT

CAUTION: Failure to conform and comply with any and all of the requirements stated in Section L – Instructions to Contractors, may result in the Contractor’s TO proposal being deemed non-compliant, it may not be evaluated, and it may be ineligible for award.

2.1 TO proposals shall be formatted using letter-sized (8-1/2 X 11”) pages, single-spaced, with one inch (1”) margins all around. The submission shall be compatible with Microsoft Office Word 2016 with a file name extension of .docx. Attachment P4 – Cost Summary Workbook shall be submitted compatible to Microsoft Excel 2016 format with a file name extension of .xlsx.

2.2 Number the pages consecutively and use a 12-point font size (no reduction permitted) in Times New Roman font. 10-point font size (no reduction permitted) and single spacing is acceptable for any graphs or tables; however, do not submit an abundance of information in chart format. Graphs and tables should contain a grid, which allows values to be read directly from the graph and/or table. Graphic resolution, including such data as tables or charts, shall be no smaller than 10-point font. Contractor’s TO proposal shall not utilize compressed or condensed spacing between lines or characters in order to circumvent the provided page limits; any TO proposal that utilizes compressed or condensed spacing may be deemed non-compliant, may not be evaluated, and may be ineligible for TO award.

2.3 Page limitations for each volume, if any, are specified in the Section L, Part A, Paragraph 3.2 table below. Any pages in excess of the page limitations specified in the table below will be discarded and will not be considered or evaluated. “Front matter” information such as a cover letter/page, table of contents, and list of definitions or acronyms do not count towards the page limits, if any, specified below in the table. Any technical, past performance, or cost/pricing information submitted within the “front matter” will not be considered or evaluated. Photographs, pictures, or hyperlinks are not permitted. Tables and charts are permitted. No ZIP files are allowed.

3.0 TO PROPOSAL VOLUMES

3.1 The Contractor must present TO proposal information in a manner that facilitates a one-to-one comparison between the information presented and this Section L – Instructions to Contractors. TO Proposal information must be structured such that its Volume/paragraph number matches the Section L - Instructions to Contractors Volume/paragraph number provided in section “Part B Specific Instructions” to which it is responding, although the Contractor may add lower tier subparagraphs. The Contractor must provide reasons it will not provide information for a particular paragraph. The TO proposal information instructions are structured by paragraph numbers where first, second, third, and fourth parts correspond to the volume, section and element, etc., in the Contractor’s proposal.

3.2 Contractors must submit their written response in three (3) separate volumes – Technical, Past Performance, and Cost/Price. Volumes should be submitted as follows:

· Volume 1: Technical

· Volume 2: Past Performance

· Volume 3: Cost/Price

· Volume 4: Small Business (if applicable)

· Volume 5: Cybersecurity Maturity Model Certification

In addition to the above, two (2) separate Annexes shall be included as follows: Annex 1 - Past Performance Supporting Documents, and Annex 2 - Past Performance Cross Reference Matrix (CRM).

Page limitations for the Volumes and the Annexes, if any, are specified in the table below. The authorized Annexes are summarized in the table below.

Work/Statement of Work

Approach

1.2

Key Personnel Resumes

Four (4) pages per resume

No page limit

Annex 1

Annex 2

3.3 Each volume shall contain the following information:

3.3.1 Cover and title page

3.3.2 Date of Submission

3.3.3 Title of TO proposal and RFTOP number as applicable

3.3.4 Contractor’s name, address, and Point of Contact (POC)

3.3.5 Contractor’s Seaport NxG contract number

3.3.6 TO Proposal volume number

3.3.7 Table of Contents (The table of contents must provide sufficient detail to enable easy location of important elements)

4.0 RFTOP QUESTIONS

4.1 Questions regarding this RFTOP shall be submitted via email to Kieran Connolly at kieran.m.connolly2.civ@us.navy.mil and Shannan Germond at shannan.m.germond.civ@us.navy.mil using attachment L-1, Solicitation Question & Answer form. Each question or comment should reference the applicable document, page number, and paragraph number. Do not include any proprietary information in your question because the Government will provide the questions and answers via a solicitation amendment made available to all potential Contractors. All questions for the RFTOP must be submitted no later than 4:00 PM Eastern Time on the 10th calendar day after the date that this RFTOP is issued. The Government intends to answer all questions submitted prior to this deadline via a formal RFTOP amendment. The Government is under no obligation to try to answer questions received after that date but may answer the question if time permits.

5.0 TO PROPOSAL SUBMISSION

5.1 Contractors shall only submit TO proposals electronically through the solicitation module on Procurement Integrated Enterprise Environment (PIEE) website under the Naval Air Warfare Center Aircraft Division (NAWCAD), RFTOP Number N68335-26-R-1036. In order to compete for the TO contemplated by this RFTOP, a submission must be received by the date and time specified in Block 9 of the SF33 of the RFTOP. The time zone for this RFTOP for proposal submission purposes shall be Eastern Standard Time for the date and time specified in block 9 of the SF33.

5.1.1 It is the Contractor’s responsibility to obtain written confirmation of receipt of all electronic files of the TO proposal by the NAWCAD Contracting office. Screen shots of the submission should be taken to validate a submission was accepted in PIEE.

5.1.2 Contractors are also highly encouraged to submit electronic TO proposals by 5:00pm ET one working day prior to the date specified in the RFTOP for receipt of TO proposals (See FAR 15.107(b)(1)(i)).

5.2 Late Proposal Submissions

5.2.1 Definitions. As used in this provision -

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

“TO proposal revision” is a change to a TO proposal made after the RFTOP closing date, at the request of or as allowed by a Contracting Officer.

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

5.2.2 Amendments to RFTOP. If this RFTOP is amended, all terms and conditions that are not amended remain unchanged. Contractors shall acknowledge receipt of any amendment to this RFTOP by the date and time specified in the amendment(s) via email transmission to the contract specialist point of contact identified on the solicitation.

5.2.3 Submission, modification, revision, and withdrawal of TO proposal. Contractors are responsible for submitting TO proposals, and any modifications or revisions, electronically through the solicitation module in PIEE under the NAWCAD, RFTOP Number N68335-26-R-1036 by the time specified in the RFTOP.

5.2.3.1 Any TO proposal, modification, or revision submitted electronically through the solicitation module in PIEE website 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—

5.2.3.1.1 If it was transmitted electronically through the solicitation module in PIEE as authorized by the RFTOP, 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

5.2.3.1.2 There is acceptable evidence to establish that it was submitted electronically through the solicitation module in PIEE and was under the government’s control prior to the time set for receipt of offers; or

5.2.3.1.3 It is the only proposal received.

5.2.3.2 In the unlikely event the PIEE website is not operational, experiences technical difficulties, or a contractor is temporarily unable to access or use the system, the Contractor shall immediately notify the Contracting Officer. This notification must occur prior to the TO proposal submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient. In the event that the Contractor alleges technical difficulties and does not notify the Contracting Officer until after the closing date and time, the Contracting Officer will make a determination if the Contractor’s late TO proposal submission is accepted.

5.2.3.3 If an emergency or unanticipated event interrupts normal Government processes such that TO proposals cannot be received electronically through the solicitation module in PIEE by the RFTOP closing date and time specified in the RFTOP, and urgent Government requirements preclude amendment of the RFTOP, the time specified for receipt of TO proposals will be deemed to be extended to the same time of day specified in the RFTOP on the first work day on which normal Government processes resume.

5.2.3.4 TO Proposals may be withdrawn by written notice to the Contracting Officer received at any time before TO award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

5.2.3.5 Contractors may submit modifications to their TO proposals at any time before the RFTOP closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award with the permission of the Contracting Officer.

5.2.3.6 Contractors may submit revised TO proposals only if requested or allowed by the Contracting Officer.

5.2.3.7 A written award or acceptance of TO proposal mailed or otherwise furnished to the successful contractor within the time specified in the TO proposal shall result in a binding task or delivery order without further action by either party.

5.3 Restriction on Disclosure and Use of Data:

Contractors that include in their TO proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

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

This TO 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 TO proposal. If, however, a task or delivery order is awarded to this Contractor 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 task or delivery order. 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

(b) 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.

PART B: SPECIFIC INSTRUCTIONS

VOLUME 1: TECHNICAL

1.0 TECHNICAL RESPONSE

NOTE: This volume shall not contain any reference to cost or price aspects of the offer.

To be eligible for award, the Contractor must adhere to the directions and shall complete and submit the following information and attachments under Volume 1 – Technical. No other formats will be considered.

Contractors must address the following technical elements:

· Understanding of the Work/Statement of Work (SOW) Approach

· Key Personnel Resumes

The Contractor shall provide all information and data required to conduct a thorough and complete technical evaluation. The Contractor shall address the following in the response:

1.1 UNDERSTANDING OF THE WORK/STATEMENT OF WORK (SOW) APPROACH

1.1.1 The Contractor shall provide a detailed written narrative of the Contractor’s understanding and proposed capability to perform the requirements of the following SOW paragraphs and subparagraphs:

· 3.3.1 through 3.3.39

The narrative shall include the elements set forth below:

1.1.1.1 Provide a detailed methodology which would be used in accomplishing each SOW task for the corresponding section.

1.1.1.1.1 Explain how past relevant work experience has shaped this methodology.

1.1.1.1.2 Discuss all expected tasking, how it will be accomplished, who on the team is capable of performing the tasking, provide any relevant work that would support this capability, and relate it to the personnel part of the discussion, section 1.2.

1.1.1.2 Identify any risks that may impact successful performance and actions required to mitigate the risks

1.1.1.3 Provide an implementation plan.

1.1.1.3.1 Quality control of work product

1.2 KEY PERSONNEL RESUMES

The following definitions apply: A “contingent hire” is an individual who has committed, under a signed letter of commitment, to being employed by the Contractor with a stated salary, if the Contractor is awarded the TO. A “prospective hire” is an individual that the Contractor has committed to hiring if the Contractor is awarded the contract whose identity may not be known until after TO award.

1.2.1 Key Personnel Resumes.

For all proposed current or contingent hire Key Personnel, the Contractor shall provide a resume of the work assignments, training, etc. that demonstrates the experience and specialized qualifications of each key person proposed. Resumes shall contain, at a minimum, the following information:

a) Employee name

b) Current position, title, and employer

c) Months/Years of employment experience in chronological order including employer, job title, dates (to include month and year), and a narrative description of duties and responsibilities

d) Educational history, including Institution name, degree (type and field of study) or certification earned, and year each degree or certification was earned

e) Specialized training or certifications as it relates to the labor category qualifications and the year training was completed or certification was achieved

f) Current level of security clearance and status (i.e., final, interim, pending submission, or N/A)

1.2.2 Contractors shall only submit resumes for the Key Personnel labor categories and corresponding number of key personnel in each Key Personnel labor category based on the information and hours required in Section C, Statement of Work, Paragraphs 3.4 and 3.5. Contractors are prohibited from proposing Key Personnel in option years (option years 1-4) that differ from the Key Personnel proposed in the base year.

1.2.3 If the experience does not readily or easily compare to the qualification stated in the SOW, the Contractor shall provide an explanation within the resume as to the equality of the proposed qualification to meet the labor category requirement.

1.2.4 Only current or contingent personnel may be proposed as Key Personnel. No prospective hire may be proposed as Key Personnel.

1.2.5 The Government may check backgrounds to verify experience, education, clearances, and/or certifications received.

1.2.6 Contractors, including Subcontractors, shall include an Organization Conflict of Interest (OCI) disclosure and OCI Mitigation Plan, if applicable, based on Contractor’s and/or Subcontractor’s completion of NAVAIR Provision 5252.209-9511.

1.2.7 The contractor shall submit, Attachment P1, Workforce Qualifications, for the base year and all subsequent option years (option years 1-4). Workforce qualifications matrix will detail the position/labor category, employing company, employee status, type of degree earned, security clearance level attained, SOW functional area to be supported, number of years of relevant experience and description of experience relevant to functional area. Attachment P1 has an instructions tab detailing the proper format.

2.0 VOLUME 2: PAST PERFORMANCE RESPONSE

2.1 Sources of past performance evaluation information include information provided by the Contractor in response to the RFTOP, information obtained from questionnaires, and any other sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information Systems, Electronic Subcontract Reporting System, or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.

2.2 The Contractor shall complete the Past Performance Information Form (PPIF), Attachment P2, and submit as part of Volume 2 for each contract reference (contract or delivery/TO) performed within five (5) years of the RFTOP release date. The Contractor shall submit no more than three (3) PPIFs as the Prime Contractor, no more than two (2) forms for each principal subcontractor, and/or no more than two (2) forms for each Joint Venture team member. For contract references that contain delivery/task orders, additionally provide the work description(s) for each specific delivery/task order deemed relevant by the Contractor to this RFTOP’s requirements. For contract references where the Contractor performed as a subcontractor, the Contractor shall clearly identify the applicable portion of the contract requirements that they performed.

The Contractor shall submit written consent from its principal subcontractor(s) that will allow the Government to coordinate any past performance issues directly with the Contractor. If the Contractor does not submit the written consent, the Government will address any past performance issues directly with the principal subcontractor and the Contractor will forfeit the opportunity to participate in any related interchanges. Consequently, for any principal subcontractor that does not provide the written consent, the Contractor shall provide the name, address, phone number, and email address with whom the Government may address any past performance issues.

2.3 The Contractor shall provide a narrative on each PPIF, Attachment P2, in the “Contract Effort Description” area that clearly describes how each contract reference has relevant work effort that matches the relevancy definitions specified in Section M of the RFTOP. Information shall be concise enough to fit within the limitations of the form.

2.4 Contractors shall provide the SOW/Performance Work Statement (PWS) in Annex 1 for each contract reference. If the work was performed by a proposed principal subcontractor, the Contractor shall submit the principal subcontractor's contract reference SOW/PWS. The Contractor shall clearly document each contract reference number on each SOW/PWS provided in Annex 1.

2.5 Each submitted SOW/PWS shall be cross-referenced to clearly demonstrate how it aligns to the RFTOP SOW via the Annex 2 Past Performance Cross Reference Matrix (CRM). The Contractor shall submit a Past Performance CRM via Annex 2 similar to the example below. The Contractor should tailor the Past Performance CRM to list and include only the RFTOP’s SOW Paragraphs/Subparagraphs that align with the contract reference’s SOW/PWS. Past Performance CRMs shall be no more than two pages per contract/TO reference.

Reference Contract/Task Order Number: XXXXXX-XX-X-XXXX

N68335-26-R-1036 SOW

Paragraph/Subparagraph Number

Annex 1 - Contract Reference SOW Paragraph/Subparagraph Number

SOW 3.3.1

SOW 3.3.2

SOW 3.3.3

SOW 3.3.4

SOW 3.3.5

SOW 3.3.6

SOW 3.3.7

SOW 3.3.8

SOW 3.3.9

SOW 3.3.10

SOW 3.3.11

SOW 3.3.12

SOW 3.3.13

SOW 3.3.14

SOW 3.3.15

SOW 3.3.16

SOW 3.3.17

SOW 3.3.18

SOW 3.3.19

SOW 3.3.20

SOW 3.3.21

SOW 3.3.22

SOW 3.3.23

SOW 3.3.24

SOW 3.3.25

SOW 3.3.26

SOW 3.3.27

SOW 3.3.28

SOW 3.3.29

SOW 3.3.30

SOW 3.3.31

SOW 3.3.32

SOW 3.3.33

SOW 3.3.34

SOW 3.3.35

SOW 3.3.36

SOW 3.3.37

SOW 3.3.38

SOW 3.3.39

The primary source of past performance information will be CPARS. If a CPAR exists for multiple years for the same contract/order, all periods of performance within the recency period specified above, for that contract/order, will be used for evaluation. In the event a CPAR does not exist for a past performance reference, and the past performance is for a Government contract, the Contractor shall submit a Contractor Performance Assessment Questionnaire (CPAQ), Attachment P3, to the Program Manager, Contracting Officer Representative (COR), or Technical Point of Contact (TPOC) who is a Government employee and the Assessing Official (person completing the CPAQ). The Contractor shall include instructions for the Program Manager, COR, or TPOC to send completed questionnaires within two weeks of its receipt via e-mail to Mr. Kieran Connolly, Contract Specialist, at kieran.m.connolly2.civ@us.navy.mil, and Ms. Shannan Germond, Contracting Officer, at shannan.m.germond.civ@us.navy.mil thereby allowing the customer approximately two (2) weeks to complete their response. All CPAQs should be received by the Government by the RFTOP closing date and time. If the past performance reference is for a commercial contract, not in support of a Government requirement, then the Contractor shall submit a CPAQ, Attachment P3, to the commercial entity and the Assessing Official (person completing the CPAQ) is not required to be a Government employee.

3.0 VOLUME 3: COST/PRICE

3.1 Offer Letter and Signed SF33

Identify at a minimum the following: RFTOP number, enclosures being transmitted, Contractor's Seaport NxG contract number, proposed subcontractors and team members to be utilized under the TO, the CAGE code, DCMA, Defense Contract Audit Agency (DCAA), and Defense Finance and Accounting Service for the prime Contractor and all proposed subcontractors and team members, signed Representations, Certifications and Acknowledgements and/or System for Award Management reference, signed SF33 for basic RFTOP and each amendment including completion of any RFTOP clauses or provisions that require a fill-in or response, and state the length of proposal validity (at least 180 days after proposal submission).

3.1.1. The total estimated Cost Plus Fixed-Fee (CPFF) of this requirement is at a minimum of $24.5M. The estimate only includes Labor and does not include ODCs. Any proposal that does not meet the minimum dollar amount established shall include a detailed explanation as to why the offeror is below the minimum and why the offeror would like the Government to consider this explanation as a justification for the deviation from the minimum.

3.2 Cost/Price Response

3.2.1 This paragraph is applicable to the Prime Contractor only. The Contractor’s (Prime Contractor only) total TO proposed cost will be determined by the rates/costs inserted in Attachment P4 – Cost Summary Workbook, herein referred to as P4.. All cost and/or pricing information shall be contained in Volume 3 only. Offerors shall submit their cost/price proposal utilizing the Cost Summary Workbook (Attachment P4). The Offeror shall submit a fully completed Attachment P4. Regardless of the type of CLINs (e.g., CPFF, CPIF, CPAF, or FFP) under the solicitation, the offeror shall fully disclose the build-up of cost/price of each CLIN. The accumulated totals in Section B for all Labor and Other Direct Costs (ODC) CLINs of the TO award will be consistent with the overall proposed amounts in the “Cost Summary” worksheet within the Contractor’s Attachment P4 (Prime Contractor Only). Should Contractors provide a separately populated Section B or have cost information in their Volume 3 Cost Proposal narrative that differs from the values in the P4 Cost Summary Workbook, the P4 Cost Summary Workbook will prevail.

3.2.2 The cost/price response shall be submitted as a separate file. Contractors, including subcontractors, shall submit their cost/price response utilizing the P4 and the requested narrative information shall be submitted separately within the Contractor’s Volume 3. Contractor’s, including subcontractor’s, responses in the P4 shall be unprotected and unlocked, with formulas intact to show mathematical operations and the spreadsheets shall be formatted on letter size (8.5 X 11) paper. If links are utilized, supply those referenced files.

3.2.3 The Contractor shall complete the P4 following the “Instructions” worksheet within the P4. Contractors, including subcontractors, should only need to provide inputs within the “Indirect Rates and Fee” worksheet and “Cost Summary” worksheet of the P4. The prime contractor and all subcontractors shall complete the P4 identifying each current, contingent, and/or prospective hire employee proposed under the effort. All contingent hires (key and non-key) shall have a letter of commitment submitted. The letter of commitment is a separate written agreement signed by the potential employee(s) to work for the contractor effective at TO award. Letters of commitment shall set forth salary information for contingent hires. Subcontractors and team members shall provide this information in the prime Contractor’s cost narrative submission.

3.2.4 The Contractor shall fully disclose the buildup of its proposed cost/price. When completing the P4, the Contractor, (e.g., prime vendor) shall not utilize any fully burdened hourly rates when pricing the labor of its employees.

3.2.5 If a subcontractor utilizes fully burdened rates in its submission to the prime, the subcontractor shall provide its own P4 delineating the buildup of those rates to the Government. Note: there are specific instructions for subcontractors within the “Instructions” worksheet of the P4.

3.2.6 Contractors, including Subcontractors, shall provide a narrative that addresses any assumptions made during the preparation of the cost/price response and discuss the basis for the cost elements listed below:

3.2.6.1 Direct labor rates by category. The Contractor and all subcontractors are required to submit labor rates for all proposed current, contingent, and prospective hire individuals. If composite or category averages are proposed, provide a breakdown of how rates are developed. If necessary, provide a narrative to describe derivation of labor rates and use of uncompensated overtime.

3.2.6.1.1 If the Contractor requires the use of consultants in its submission, the consultant cost shall be captured as a Labor cost and not an ODC cost. All consultants are required to provide their cost/price information via the Seaport NxG portal as either its own submission or as part of the prime Contractor’s submission. The prime Contractor must justify the reasonableness of each consultant’s cost, if applicable. A discussion for the basis of this determination is required for each submitted consultant. If available, past invoices and the current consulting agreement with the consultant shall be submitted.

3.2.6.1.2 For any proposed prospective hires, Contractors and Subcontractors shall propose direct labor rates equal to or greater than the direct labor rates stated in the “Minimum Direct Labor Rates” tab within Attachment P4. The minimum rate is based on data from the Bureau of Labor Statistics (BLS) wage data by area (New York-Newark-Jersey City, NY-NJ-PA), and occupation for each labor category’s Standard Occupational Classification code. The rates from the BLS wage data were then escalated based on the anticipated Period of Performance (PoP) start date of this TO. The escalation rate was derived using BLS Table 9, Economic Cost Index for Wages and Salaries for Private Industry Workers by Occupational Group and Industry sub factor titled, “Professional and Related” for the 12-month period ending December 2025.

3.2.6.1.3 For any proposed current employees, Contractors and Subcontractors shall provide payroll verification and any other information necessary to substantiate the direct labor rates proposed.

3.2.6.1.3.1 Payroll verification shall consist of a form containing the position title, hourly direct labor rate, and assigned certification by an authorized representative of the company that the information contained in the form is current and correct.

3.2.6.1.3.2 If any of the proposed direct labor rates utilized by the Contractor or any Subcontractors for current employees differ from payroll verification, an explanation and/or justification shall be provided for the difference. If the payroll verification is provided as a yearly salary, the Contractor and/or Subcontractor shall provide an explanation on how the hourly rate is derived.

3.2.6.2 Escalation on labor. Contractors, including Subcontractors, shall address escalation for all labor categories, and shall provide rationale for the specific escalation rate used. Contractors, including Subcontractors, shall provide their own company’s historical escalation rate actuals for the last three (3) years. Contractors and Subcontractors should also consider when the anticipated PoP start date of this TO is and apply escalation to the proposed base year direct labor rates if necessary. Contractors, including Subcontractors, that do not propose escalation, or an explanation as to why it is not proposed, may be considered unrealistically low and may have their TO proposals adjusted by the Government to include escalation in the base and Option Years 1-4.

3.2.6.2.1 In an effort to ensure realism of costs during contract execution, Contractors, including Subcontractors, shall propose escalation at a rate of 3.9% or higher for Option Years 1-4 (and base year as necessary), applicable to both professional and non-professional labor categories, unless a lower escalation rate is supported by the contractor’s own historical escalation rate actuals. Contractors, including Subcontractors, that propose less than 3.9% escalation, without historical escalation rate actuals and rationale to substantiate the lower rate, will be considered unrealistically low and will have their TO proposals adjusted by the Government to apply an escalation of 3.9% in Option Years 1-4 (and base year as necessary). If the historical escalation rate actuals show a higher escalation rate than what is proposed, the Government will adjust the proposed escalation rate to what is reflected in the historical escalation rate actuals unless a justification is provided. The escalation rate was derived using BLS Table 9, Economic Cost Index for Wages and Salaries for Private Industry Workers by Occupational Group and Industry sub factor titled, “Professional and Related” for the 12-month period ending December 2025.

3.2.6.3 Contractors, including Subcontractors, shall provide the last three (3) years of actual indirect rates. Indirect costs include but are not limited to Overhead, Fringe Benefits, General and Administrative, etc.

3.2.6.3.1 Contractors including Subcontractors must submit a detailed justification of the proposed indirect rates.

3.2.6.4 Provide information needed to explain the Contractor’s, including Subcontractor’s, estimating practices.

3.2.6.5 Fee: Identify fee rate and total amounts proposed and identify the various cost elements to which the fee is being applied. Fee rates must be clearly distinguishable. Fee shall not be applied to ODCs. Proposed fee rates shall not exceed the Maximum Profit/Fee Rate – Applicable to Cost Plus Fixed Fee CLINS Only stated within the Prime Contractor’s Seaport NxG contract. Prime Contractors are required to flow down their Maximum Profit/Fee Rate to all subcontractors, regardless of whether or not the subcontractor is also a SeaPort NxG contract holder with a different Maximum Profit/Fee Rate.

3.2.6.6 The contractor shall provide ODCs by specific cost element (i.e. Travel, Material).

3.2.6.7 When the Contractor, including Subcontractors, elects to claim Cost of Money as an allowable cost, the Contractor, including Subcontractors, must submit a DD 1861 and show the calculations of the proposed amount.

3.2.7 The prime Contractor must justify the reasonableness of each submitted subcontractor's cost. A discussion for the basis of this determination is required for each proposed subcontractor.

3.2.8 Proposed pass-through rate shall not exceed the Maximum Pass-Through Rates – Applicable to all TO Types stated within the Prime Contractor’s Seaport NxG contract.

3.2.9 The Contractor, including Subcontractors, shall provide DCAA information as follows:

(a) A DCAA point of contact, with a current e-mail address, must be provided for the prime contractor and each subcontractor;

(b) The Contractor and submitted subcontractors shall provide the most current DCAA Provisional Billing Rate Approval Letter, DCAA Final Bill Approval Letter, and/or DCAA Forward Pricing Rate Agreement recommendation;

(c) If any of the proposed rates utilized by the Contractor or any Subcontractors differ from the DCAA information, a justification shall be provided in regards to the difference.

3.2.10 As this requirement contains cost type CLINs, the Contractor, including Subcontractors that will have a cost type subcontract, shall provide documentation verifying that it has a DCAA approved Cost Accounting System or state that its Cost Accounting System has not been approved by DCAA.

3.2.11 Contractors, including Subcontractors that will have a cost type subcontract, must provide documentation verifying that it has an adequate and acceptable accounting system in accordance with DFARS 252.242-7999.

3.2.12 The Government is not soliciting any investments. However, in order for the Government to properly assess a proposed cost/price that appears low due to a corporate decision to absorb costs, e.g., lower than usual burdens or rates, the Contractor, including Subcontractors, shall fully identify and explain any such investments. Such investment will then be incorporated into the TO to cap the rate and to ensure it is binding for the term of the TO.

3.3 Government Furnished Information

3.3.1 Labor Hours

The Government estimate is 258,000 hours for the entire work effort, inclusive of all options. A work-year is defined as 1,920 hours exclusive of holidays and leave and shall be utilized for proposal purposes.

For evaluation purposes, the Contractor shall propose all labor categories and hours to be worked at the primary work site at NAWCAD in Lakehurst New Jersey. However, all labor categories may be eligible for telework depending on the particular task during the course of contract execution.

Table L-1

17-3026

Senior

3,840

3,840

3,840

3,840

3,840

19,200

17-3029

Journeyman

3,840

3,840

3,840

3,840

3,840

19,200

Senior

3,840

3,840

3,840

3,840

3,840

19,200

1,920

1,920

1,920

1,920

1,920

9,600

17-3029

Junior

3,840

3,840

3,840

3,840

3,840

19,200

17-3026

Senior

1,920

1,920

1,920

1,920

1,920

9,600

1,920

1,920

1,920

1,920

1,920

9,600

17-3026

Journeyman

7,680

7,680

7,680

7,680

7,680

38,400

17-3026

Junior

3,840

3,840

3,840

3,840

3,840

19,200

15-1252

17-3026

17-3029

Senior

4,140

4,140

4,140

4,140

4,140

20,700

*Key Personnel

3.3.2 Other Direct Costs (ODCs)

3.3.2.1 Contractors shall utilize the estimated amounts provided by the Government in its proposal for ODCs. If it is the Contractor’s accounting practice to apply (and invoice for) burdens with regards to ODCs, then the Contractor shall propose the base ODC amounts as shown in the graph below plus the addition of the applicable burdens. If the Contractor does not propose its normal burdens in its offer, the burden shall be unallowable in execution of the awarded TO and the contractor shall propose a clause to establish that burdens will be unallowable for ODCs. No fee shall be applied to ODCs.

The Government's estimates for ODCs, for the prime and all subcontract efforts unburdened are listed below:

Table L-2

VOLUME 4- SMALL BUSINESS

4.1 SMALL BUSINESS PARTICIPATION COMMITMENT DOCUMENT (SBPCD)

4.1.1. Other Than Small Business (OTSB) Offerors shall complete the Small Business Participation Commitment Document (SBPCD) provided as Attachment L-2 which shall be completely stand-alone, and not require any reference to another source, volume, or proposal section. The Offerors should submit it as a part of Volume 4 Small Business (ref FAR 52.219-8 and DFARS 215.104-70). The SBPCD is separate from a Subcontracting Plan that is required from OTSB. Small Business Offerors are not required to submit a SBPCD.

4.1.2. OTSB Offerors shall complete the SBPCD sections as follows:

a. SBPCD Section 1: SBPCD Section 1: Enter the contract and subcontracting total values. Identify a minimum small business participation goal of 5% of the total proposed price, inclusive of all ordering years. The goals and dollar values shall be calculated to the second decimal place, and can be rounded.

b. SBPCD Section 2: OTSB Offerors shall identify goals for each small business socioeconomic category. The Offeror should provide the dollar figure and percentage (i.e., do not enter “N/A” or “-” to indicate a zero goal; instead enter $0 and 0%, as applicable) for each category. All values must be mathematically correct and calculated to the second decimal place when rounded.

c. SBPCD Section 3:

(1) OTSB Offerors shall list its proposed Small Business entities who are proposed as parties to the execution of the contract and whose technical and/or pricing information have been used in the preparation of the proposal, including 1st-tier Small Business subcontractors and Small Business JV partners.

(2) Offerors are not required to include specific small business source(s) planned for provision of incidental items such as commercial piece parts, commercial supplies and/or incidental services.

(3) Representations of Small Business Entity Size. In accordance with FAR 19.703(a)(1), Offerors shall ensure that each small business entity listed under Section 3 of the SBPCD provides either:

(a) A copy of the active registration in SAM for each entity that is current, accurate, and complete as of the date of the entity’s subcontract offer. The copy found in the entity’s SAM profile’s Reps & Certs section (FAR 52.219-1, Small Business Program Representations) shall be expanded to display the full text of the provision, showing the North American Industry Classification System (NAICS) code assigned by the Prime Offeror; or

(b) A written representation of its small business status applicable to the size standard of the NAICS assigned by the Offeror. In accordance with FAR 19.302-2(a)(1)(ii), Offerors providing written representations (signed letter/memorandum) from a first-tier subcontractor listed as a small business entity in Section 3 of the SBPCD applicable to the size standard of the NAICS code assigned by the Prime Offeror, confirming its size status as a “small business;” the written representation shall be provided as part of the Offeror’s Small Business Volume, and include the following:

(i) A statement showing the NAICS code assigned by the Offeror for the services or supplies being acquired from the Small Business entity and confirming that the subcontractor does not exceed the size standard for the assigned NAICS code; and

(ii) A statement confirming that this representation is current, accurate, and complete; and

(iii) Full company name, mailing address & Bradstreet Data Universal Numbering System (DUNS) of each proposed Small Business entity; and

(iv) Signed and dated by a senior company representative of the Small Business entity.

Note: See additional instructions provided in the “Instructions” column of the SBPCD Template at Attachment L-2.

4.2 SUBCONTRACTING PLAN (OTSB ONLY)

OTSB Offerors shall provide an Individual Subcontracting Plan (ISP) conforming to the requirements of FAR 19.302 and DFARS 219.302. The ISP must be consistent in terms of goals (dollars and percentages) identified in Section 2 of the SBPCD. OTSB Offerors are advised that the acceptability of the content of the Subcontracting Plan is part of the responsibility determination assessment and not part of the evaluation.

If the Offeror is subject to a Commercial Subcontracting Plan (see FAR 19.206-1) or is a participant in the DoD Comprehensive Subcontracting Test Program specified in DFARS 219.302, the offeror shall submit a copy of the signed and current applicable plan.

The Offeror shall submit its Subcontracting Plan as a part of Volume 4. See FAR 19.109(a)(1)(i) Statutory Requirements, regarding failure of the apparently successful offeror to negotiate and submit a Subcontracting Plan acceptable to the Contracting Officer.

4.3 INSTRUCTIONS FOR SMALL BUSINESS OFFERORS

Small Business Offerors are not required to submit any of the information requested in paragraphs 4.1 and 4.2 above. Instead, Small Business Offerors shall provide their current System for Award Management (SAM) profile. This shall include FAR 52.219-1 (Small Business Program Representations) expanded to display the full text of the provision, showing the NAICS code for this solicitation.

VOLUME 5- Cybersecurity Maturity Model Certification (CMMC)

(a) This solicitation includes DFARS 252.204-7025, Notice of Cybersecurity Maturity Model Certification Requirements.

(b) The Offeror shall follow the requirements of the DFARs 252.204-7025 CMMC provision and include in its proposal a statement or documentation that provides their valid CMMC Level 1 Self-Assessment status. If the offeror is not currently certified at the correct level or higher for this solicitation, the offeror must provide an explanation of the process that will be followed to ensure that a valid CMMC Level 1 Self-Assessment certification is obtained prior to award.

(c) Offerors are not required to possess the required CMMC level at the time of proposal submission; however, failure to obtain the required CMMC Level 1 Self-Assessment prior to award will render the Offeror ineligible for award.

(d) By submission of a proposal, the Offeror represents that, if selected for award, it will possess the required CMMC Level 1 Self-Assessment certification at the time of award.

(e) The Government reserves the right to verify CMMC status in the SPRS.

(f) If the Offeror intends to utilize subcontractors that will process, store, or transmit Federal Contract Information (FCI) or CUI, the Offeror shall ensure such subcontractors possess the required CMMC level prior to award of subcontracts, in accordance with DFARS clause requirements.

Incumbent Information:

The incumbent Contractor/Current Contract Numbers are:

Contract Number: N68335-16-D-0020

NDI Engineering Company 100 Grove Street Thorofare, NJ 08086

Subcontractors:

Probus Test Systems

C…