SF1449 N0024422R0076-0.pdf
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- Attached to
- Technical Support for Resolute Hunter Exercise Federal contract opportunity
- Solicitation number
- N0024422R0076
About this file
This is a solicitation for technical support services for the Resolute Hunter exercise program. The solicitation seeks proposals for contractor support during the planning, preparation, and execution phases of two Resolute Hunter exercises scheduled for October-November 2022 and June-July 2023. Services include identifying available training systems, supporting scenario development, preparing and operating exercise systems, participating in the White Cell, providing training and consultation to participants, and collecting and analyzing exercise data. Offerors must have expertise in operational, collection, and technical intelligence systems and a Top Secret clearance. Proposals are due by September 19, 2022 and award will be a firm-fixed-price contract to one small business.
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|---|---|---|
| RH Systems PWS_v1.pdf | ||
| Past Performance Data Sheet v2.docx | DOCX document |
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SEE ADDENDUM
(No Collect Calls)
N0024422R0076 11-Sep-2022
b. TELEPHONE NUMBER
619-556-9532
8. OFFER DUE DATE/LOCAL TIME
09:00 AM 19 Sep 2022
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N002449. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
NELSON J. ARIAS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
N6340722RC003CG
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVSUP FLC SAN DIEGO
REGIONAL CONTRACTS (CODE 200)
3985 CUMMINGS ROAD
BUILDING 116 - 3RD FLOOR
SAN DIEGO CA 92136-4200
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE N63407 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
NAVAL AVIATION WARFIGHTING DEV CENTER
CDR PETER SALVAGGIO
4755 PASTURE ROAD
BUILDING 465
FALLON NV 89496-5000
TEL: (775) 426-3937 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$18,500,000
NAICS:
611519
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF29
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N0024422R0076
Section SF 1449 - CONTINUATION SHEET
PERFORMANCE WORK STATEMENT
RESOLUTE HUNTER Exercise Systems
PERFORMANCE OF WORK STATEMENT (PWS)
PART I: GENERAL INFORMATION
A. INTRODUCTION
Organization: Naval Aviation Warfighting Development Center (NAWDC), Maritime Intelligence, Surveillance and Reconnaissance (MISR) Weapons School (WS).
Mission: NAWDC, via the MISRWS, leads the development and execution of Department of Defense’s (DoD) battle management (BM) / command and control (C2) / intelligence, surveillance, and reconnaissance (ISR) exercise, RESOLUTE HUNTER (RH), in order to train and develop tactics, techniques, and procedures (TTP) and readiness across the United States Navy, joint, and coalition services. MISRWS serves as the RH Program Manager for development and execution of the training exercise.
B. BACKGROUND AND OBJECTIVES
Background: NAWDC’s MISRWS is responsible for training and qualifying Navy MISR Package Commanders (MISR-PC) , Coordinators (MISR-C), and Afloat Officers (MISR-A); developing and implementing new TTPs for MISR tactical operations at the CSG, MOC, and Carrier Air Wing (CVW) level; providing support and instruction on MISR to the various Naval Aviation, Surface, Sub-surface, Expeditionary, and Information Warfare Weapons Schools, as well as Joint and Coalition Intelligence, Surveillance, and Reconnaissance Weapons Schools. RH serves as the capstone graduation event for MISR WTI training, as well as the sole BM/C2/ISR-centric training exercise to service, joint, and coalition partners. The exercise was designed to address the shortfalls in ISR training across the DoD and provide a challenging and dynamic training environment to develop capabilities, skills, and proficiency to execute the find, fix, track, target, engage, assess (F2T2EA) kill chain with specific emphasis on the find, fix, track (F2T) portion of operations.
Objective: The objective of this contract is to provide training systems, technical expertise, and operational support to NAWDC’s MISRWS in the planning, preparation, and execution phases of the RH exercise.
NAWDC, via the MISRWS, is responsible for the effective implementation of each phase of the exercise.
The RH exercise is held semi-annually, requiring year-round preparation to effectively execute and develop. Contractor support is required for the effective preparation and execution of the RH exercise and to maintain the current standard of excellence.
C. SCOPE
Experienced contractor services are required to provide technical and functional support to NAWDC during each phase within the RH exercise: planning, preparation, and execution. Support required includes:
identification of available training systems capabilities and inventory, analysis of system capabilities best suited to meet training requirements and desired learning objectives (DLO), injection of system capabilities and limitations in conjunction with scenario development, preparation and employment of exercise systems during execution, exercise White Cell participation, training and consultation for participants, and exercise data collection and analysis during RH training events in order to facilitate the integration of BM/C2/ISR into naval, joint, and coalition tactical operations.
Personnel Requirements: Specific required expertise is defined by the MISRWS, i.e. operational, collection, and technical systems experience for MISRWS. All contractors will have the following general experience in addition to their specific mission area experience(s):
Familiarity with Navy and DoD planning, programming, and budget processes.
At least three years Active Duty, or equivalent, full-time experience in the applicable mission area with or within the U.S. DoD.
Exposure to evolving U.S. DoD concepts of Network-Centric / Netted Warfare, and Effects Based Planning and Operations.
Current knowledge of Joint Intelligence, Surveillance, and Reconnaissance (ISR) Package
Commander (PC) and Coordinator TTPs and development.
Minimum of 15 years’ technical experience with associated systems and their employment.
Must have experience in various disciplines, systems, and applications of collection operations to include: communications intelligence, electronic intelligence, proforma intelligence, datalink network communications, radio communications, and unmanned aerial vehicle operations across the tactical, operational, and strategic levels of war.
Must provide unit-level experienced ISR collection operation and/or technical SMEs to include former operators of U.S. Navy or US Air Force ISR collection systems.
Possess Top Secret security clearance with SCI eligibility or higher, with ability to obtain SCI access designation, at time of task order award or within 2 months of contract award. Additional ability to obtain access to Special Access Programs (SAP).
PART II: WORK REQUIREMENTS/DESCRIPTION
A. TECHNICAL SUPPORT:
The contractor will provide highly experienced, technical, and specialized ISR related support services for integration into the Navy-developed training environment. Specific programs / tasks include:
RH Planning Support. Contractor support based on a manpower value approximation of 4x personnel compared to the requisite weight of effort for each phase and tasks. Contractor will determine appropriate and effective allocation of manpower to meet labor requirements within bounds of contract funding. Working hour requirements will vary by RH phase.
o The contractor shall support planning event coordination of all scheduled planning events
(e.g. initial, mid, final) to include the following: logistical requirements to transport training systems (e.g. fueling, power supply, authorizations for base or range access), network or information technology requirements to integrate within FRTC, security requirements for employment of training systems within the FRTC, manpower requirements to operate training systems, any additional considerations for safe, effective employment of training systems within FRTC. Contractor shall be prepared to support planning requirements via on-site attendance at each planning event or virtual participation when travel is restricted nor cost effective. Deliverables and requirements will be executed IAW the table included under Section B and/or when revisions are required.
o The contractor shall support the development of OPFOR and White Cell SOM to include the following: training systems capabilities to shape scripting products, recommendations of training system employment TTPs and strategies to create a realistic, dynamic training environment for participants, survey of FRTC and existing infrastructure to determine optimal placement of equipment to replicate a realistic force presentation. Deliverables will be IAW the table included under Section B and/or when revisions are required.
RH Preparation Support. Contractor will determine appropriate and effective allocation of manpower to meet labor requirements within bounds of contract funding. Working hour requirements will vary by RH phase.
o The contractor shall support the preparation of exercise training systems to include the following: site preparation for training systems (e.g. power supply, access, supporting infrastructure), staging, installation, and operational checks of training systems prior to execution commencement, coordination, communications checks, and rehearsal of technical operators prior to execution commencement. Contractor shall be prepared to support preparation requirements on-site. Reports shall be provided IAW the table included under Section B and/or when revisions are required.
RH Execution Support. Contractor will determine appropriate and effective allocation of manpower to meet labor requirements within bounds of contract funding. Working hours typically inside and outside of normal business hours Monday – Saturday. Staggered shifts and weekend support may be required to support unique exercise requirements. The contractor shall provide mission support in accordance with the exercise schedule.
o The contractor shall support training systems execution to include the following: training system employment in accordance with scenario scripting and OPFOR SOM (e.g. mobile C2 van movements and activity, unmanned aerial vehicle flight profiles, datalink activity, emitter activity), real-time feedback of system and operator observations of Blue Force participants’ activity via White Cell / OPFOR C2 hierarchy, recommendations for real-time systems employment based on Blue Force disposition, and data compilation of training system activity for analysis debrief purposes. Reports shall be provided IAW the table included under Section B and/or when revisions are required.
o The contractor shall support debrief of events to include following: instruction of training system employment, recommendations to Blue Force participants regarding effective TTPs to F2T training systems, planning and execution considerations for exploitation of training systems, and truth data of training system activity to validate Blue Force collection. Reports shall be provided IAW the table included under Section B and/or when revisions are required.
B. DELIVERABLES
All deliverables must meet professional standards and meet the requirements set forth in contractual documentation. The contractor will be responsible for delivering all end items specified. Documentation provided in response to the objectives will be in the contractor’s preferred format using standard Microsoft Office products (i.e., Word, Excel, PowerPoint, Access etc.). It is the Contractor’s primary responsibility to ensure all requirements are met in a timely manner at the required quality level. The following items are deliverables that fall within the scope of this task and which are illustrative of the type of work the Government expects to order.
Delivery Instructions. All deliverables will be delivered to the COR or RH Program Manager no later than the date specified in the ‘Reporting Requirements’ table below. Deliverables are to be transmitted with a cover letter, on the prime contractor’s letterhead, describing the contents.
Concurrently, a copy of the cover letter is to be furnished to the NAWDC COR.
Inspection and Acceptance. In the absence of other agreements negotiated with respect to time provided for government review, deliverables will be inspected and the contractor notified of the COR’s findings within five (5) workdays of normally scheduled review.
Reports. In addition to the reports listed below, additional reports may be requested to include any updated versions listed under the Reporting Requirements chart in PART II B. As with many Department of Defense (DoD) publications, updated versions, or follow on iterations, of the below deliverables will be required as the RH exercise continues to evolve.
The Contractor will deliver and periodically revise, maintain, and update the data items listed in the table, below:
PART II TABLE 1.0 REPORTING REQUIREMENTS:
CLIN/
Ref.
CDRL
Item No.
Data Item Title Delivery Time Deliver To
Contract Management Report Quarterly Electronically to MISRWS RH Manager and COR
Criteria for Acceptance. Specific criteria for acceptance of deliverables will be as follows:
Reports will be provided hard copy or electronically in Microsoft Office application format.
Schedule. Specific delivery schedule will be as follows:
o Quarterly Reports: Contractor will provide electronic quarterly status reports on all issues defined in PART II B within ten (10) days of the first of the new quarter. This electronic copy will be sent to the MISRWS RH Manager/NAWDC COR.
PART III. SUPPORTING INFORMATION
A. PRIVACY AND SECURITY:
Clearances. All assigned contractor personnel will have a current Single Scope Background Investigation (SSBI) and possess a Top Secret / Sensitive Compartmentalized Information (TS/SCI) clearance. Contractor personnel must possess the required clearance level at time of award or have the ability to achieve TS. Additional ability to obtain access to Special Access Programs (SAP) is required.
Privacy Act. Work on this project requires that personnel have access to Privacy Act Information. Personnel will adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.
B. PERFORMANCE:
Location of Performance: Off-site work will be performed primarily at contractor facilities; on-site work is to be performed at government locations at NAWDC on NAS Fallon, NV, and other government locations as described in PART III Table 1.0, below.
Hours of Work: Contractor personnel are expected to conform to RESOLUTE HUNTER scheduled event hours, as required.
C. PERIOD OF PERFORMANCE:
The base year performance will commence 30 September 2022 and will extend through 29 September 2023.
D. GOVERNMENT-FURNISHED RESOURCES:
The contractor will specifically identify in the task proposal the type, amount, and time frames for any government resources, excluding those listed below. The government will provide the following resources:
Hardware. Windows-compatible personal computers and printers.
Software. Contractors will be able to use Microsoft Office Suite, Microsoft Outlook, and any other software support as required.
Facilities, Supplies, and Services. The government will provide workspace, access to government furnished computer, telephones, and fax machines, etc., for personnel assigned to government site support, throughout the period of performance.
Information. The government will provide the following information:
CIS Skills. Personnel assigned to this task must possess skill with the software and hardware systems as specified in PART 1 of this SOW, and will be familiar with policies and procedures pertaining to their use.
Functional Skills. Personnel must be capable of working independently and with demonstrated working knowledge of systems, policies, and procedures, and must be able to apply the expertise in MISR related issues.
Key Personnel. The contractor must identify key personnel in the technical proposal. NOTE:
Key personnel may not be removed from the task without express approval of the COR. The contract proposal should include resumes with current SSBI dates included.
Materials. Materials and equipment are to be provided by the contractor when essential to the task performance and noted in part 1 of this SOW and must be specifically approved by the contract monitor, not to exceed the ceiling price identified. All equipment and or job-related materials purchased by the contractor that are required to fulfill the contract will become the property of the Federal Government. The contractor must furnish the contract monitor copies of such documents when applicable.
Travel. Actual expenses are limited by the Government Travel Regulations and must be pre-approved by the COR. All travel costs incurred for the life of this tasking shall be in accordance with the Federal Acquisition Regulations (FAR), Part 31 and Joint Travel Regulations (JTR), Volume 2.
No travel shall be conducted without prior request and approval from a designated NAWDC MISR representative and notification to NCG 1 Port Hueneme and/or the designated ISSOP Contracting Officer Representative (COR). If travel is conducted without prior request, approval, or concurrence on file (documentation), the travel claim will be rejected and not paid.
Travel claims for reimbursable expenses shall be submitted within five (5) working days after completion of travel with submission of proper documentation (e.g. receipts). Invoice amount shall detail the actual cost of the per diem and travel expenses.
Below is an estimated number of trips, location, duration, and cost per trip. All costs include G&A handling fee. Amounts for travel will vary depending on total time and personnel per trip;
however, the NAWDC MISRWS team is estimating $49,120 (subject to change) annually.
PART III TABLE 1.0 TRAVEL REQUIREMENTS:
Total Trips
Location Duration Estimated Cost Per Trip
6 NAS Fallon, Nevada 5 days $2,510 2 NAS Fallon, Nevada 18 days $17,030
E. Identification of Contractor Employees:
All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.
F. Contractor Employees:
As this is a non-personal services contract, the Government shall not exercise any supervision or control over the contractor personnel performing the services. The contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS.
Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The contractor is prohibited from hiring current Government employees or Active Duty military personnel to be used in the performance of this contract.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Group
MSIR RESOLUTE HUNTER EQUIPMENT SUPPORT 1
FFP
Resolute Hunter 23.1 exercise support expected between October through November 2022.
FOB: Destination
MILSTRIP: N6340722RC003CG
MFR PART NR: RH23-1
PURCHASE REQUEST NUMBER: N6340722RC003CG
PSC CD: L099
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Group
MSIR RESOLUTE HUNTER EQUIPMENT SUPPORT 2
FFP
Resolute Hunter 23.2 exercise support expected between June through July 2023.
FOB: Destination
MILSTRIP: N6340722RC003CG
MFR PART NR: RH23-2
PURCHASE REQUEST NUMBER: N6340722RC003CG
PSC CD: L099
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 30-SEP-2022 TO
30-NOV-2023
N/A NAVAL AVIATION WARFIGHTING DEV
CENTER
CDR PETER SALVAGGIO
4755 PASTURE ROAD
BUILDING 465
FALLON NV 89496-5000
(775) 426-3937 FOB: Destination
N63407
0002 POP 30-SEP-2022 TO
30-NOV-2023
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination N63407
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAY 2022 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services
MAY 2022
52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting SEP 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.233-3 Protest After Award AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.252-2 Clauses Incorporated By Reference FEB 1998 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7022 Expediting Contract Closeout MAY 2021 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.225-7000 Buy American--Balance Of Payments Program Certificate--
Basic (Nov 2014)
NOV 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
OCT 2020
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(NOV 2021)
GENERAL INSTRUCTIONS
I. GENERAL INSTRUCTIONS
1. This solicitation is a small businesses set-aside competition. The award resulting from this solicitation will be a Firm Fixed Price (FFP) contract two Resolute Hunter exercises. The Government will award a contract to the responsible offeror whose offer is responsive to the Request for Proposal (RFP). Offers submitted for other than FFP will not be considered and will be rejected outright.
2. Questions regarding this procurement must be submitted through Seaport. Other methods of question submittal will not be acknowledged. The Government will make every attempt to answer all questions in a timely manner;
however, questions submitted within 1 business day of the posted closing date may not allow ample time to respond and offerors cannot be guaranteed a response. All questions and answers will be posted for viewing by all other potential offerors.
3. All offers must be received no later than the date posted on the official solicitation. This posted closing date and time applies to all submissions, as well as to all parts of the submission which are to be considered for award. No offers or modifications will be accepted after the deadline.
4. Offerors must provide information in sufficient detail to clearly and fully demonstrate that the prospective contractor has a thorough understanding of and ability to perform all requirements of this solicitation. The Government will not assume the Offeror possesses any capability, understanding, or commitment not specified in the offer. Offerors are cautioned against restating the SOW requirements in their offers, particularly with regard to technical requirements. Statements such as "the offeror understands", and "the offeror shall/can comply", along with responses that paraphrase the RFQ, are inadequate. The use of phrases such as "standard practices" (with a specific government reference or industry reference) does not reflect the offeror understands the requirements and will likely result in a diminished evaluation rating.
II. FORMAT OF THE QUOTES
a. Offers must be submitted in severable volumes as set forth below and all information specific to each Volume shall be confined to that volume.
1. Volume I - Cover Letter and Technical Factor
2. Volume II - Past Performance Factor
3. Volume III – Price Factor
Volume Name Page Limit
Volume I – Cover Letter and Technical Factor*
No more than (50) pages exclusive of cover letter, table of contents, table of figures
Volume II - Past Performance Factor* 2 Pages exclusive of Offerors Past Performance Data Volume III- Price Factor Unlimited
Volumes I * and Volume II * shall not contain any price or cost information.
1. Offers must be submitted in electronic format only, and submitted through Seaport-e. Offers must be legible, single-spaced typewritten (on one side only) Microsoft Word capable font size “10-12”,and the paper size is standard letter or legal size. The font size used for graphics, charts and tables (only) may be 10 points or larger.
All pages in each volume shall be numbered sequentially (i.e., 1-30); the government will only evaluate the part of the quote that complies with the instructions set forth herein.
2. Clarity and completeness of the offers are of the utmost importance. The quote must be written in a practical, clear, and concise manner. The offer must convey evidence the offeror understands all elements of the RFP and SOW requirements and its interrelationships. It must demonstrate the offeror’s familiarity with the detailed aspects of the requirements, and clearly show that the offeror correctly interpreted all of the requirements.
3. The government requires the information described below in order to evaluate the vendor’s ability to perform.
Failure to adequately address any of the required information may constitute a “material omission,” that will preclude further consideration for award. The following elements of the quotation, including specific instructions for its organization and content, are provided as follows under “Content of Quote."
II. CONTENT OF THE QUOTES
A. VOLUME I; Cover Letter and Technical Factor.
a. Cover Letter
Offerors shall include the name of the company, Seaport-e contract number, cage code, physical address, point of contact information (name, email and phone number), and the titles or names of all of the documents submitted in response to this solicitation. If applicable, the cover letter can be used for any assumptions forming the basis of the RFP submission.
b. Factor I --Technical Approach
Technical Factor section of Volume I shall provide information in sufficient detail to allow the Government make a thorough evaluation and arrive at a sound determination as to whether the offer meets the requirements of this solicitation. To this end, the proposed technical approach shall be as specific, detailed and complete as to clearly and fully demonstrate that the prospective contractor has a thorough understanding of and ability to perform the technical requirements contained in the PWS. Technical Factor shall demonstrate that the Contractor can provide personnel with the ability to perform under this contract and be able to offer employment to incumbent personnel.
B. VOLUME II: Past Performance Factor
1. Offeror’s may include in Volume II, a one to two page document listing all potential references. Information to be provided is reference name, address, phone number, email address, and any other identifying information such as Contract Number or type of work provided. The Offeror shall use the Past Performance Datasheet provided as an attachment to this solicitation.
2. Offerors shall provide all relevant past performance information for similar or related work under contracts completed during the last three years. Offerors may submit performance data regarding current contract
3. Past Performance references may include federal, state, or local Government and private contracts performed by the Offeror that were similar in nature for this effort being evaluated.
4. To obtain information, the Government may contact the points of contact listed by Offerors, however, the
Government is not required to contact the points of contact provided by Offerors and may limit the number of references it decides to contact. The Government is also free to contact references other than those provided by the Offeror to evaluate past performance of Offerors
C. VOLUME III: Price
Pricing shall be firm-fixed priced to perform the work listed in the performance work statement. Offerors shall return fully executed CLINs to include a unit price and total extended prices for all required Contract Line Items listed in the solicitation and a Total Amount showing the cumulative sum of all line items. The Offerors shall provide a breakdown of pricing.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
1. BASIS FOR AWARD
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1.1 The award resulting from this solicitation will be a single firm fixed price contract. This is a small business set-aside, using a best value trade-off methodology. The basis for award of a contract will be an integrated assessment by the Contracting Officer of the results of the evaluation based on the evaluation factors and their importance as indicated below. The integrated assessment will include consideration of the strengths and weaknesses of the offers. The Government reserves such right of flexibility in conducting the evaluation as is necessary to assure placement of a contract is in the Government's best interest. Accordingly, the Government may award to other than the lowest price offeror, or other than the offeror with the highest technical rating.
1.2 To be eligible for award, the offeror must fully comply with the statement of work, and address all solicitation requirements. As such, offers that take exception to any term or condition of this solicitation, propose any additional term or condition, or omit any required information, may not be considered for award.
Alternate proposals are NOT authorized and will be rejected. An offeror must propose in accordance with the directions set forth in the “Instruction to Offerors” to be considered for award. Additionally, prior to award, a responsibility determination will be made in accordance with FAR 9.104-1 and will take into consideration the information submitted by the offeror and information obtained from other resources.
The Government intends to award based on initial submissions. Therefore, the Offeror's initial offer should contain the Offeror's best terms from a price and technical standpoint. However, the Government reserves the right to enter into discussions with Offerors if it is determined by the Contracting Officer to be in the Government’s best interest.
1.3 Relative Weights
1.3.1 Factor I (Technical Approach) and Factor II (Past Performance Confidence) are listed in descending order of importance. When combined, the non-cost factors [Factor I (Technical Approach) and Factor II (Past Performance Confidence), are significantly more important than Factor III (Cost). A rating of “Unacceptable” in any factor will render the entire proposal ineligible for award. There are two sub-factors under Factor I (Technical). These two sub-factors shall be used to establish an overall rating for Factor I. An unacceptable in any sub-factor will result in an overall Factor I rating of Unacceptable, rendering the entire proposal ineligible for award. The sub-factors are listed in descending order of importance:
a. Sub-factor (1) Management/ Staffing Plan
b. Sub-factor (2) Resumes
1.3.2 Award will be made to that offeror whose proposal contains the combination of those criteria offering the best overall value to the government. In making this comparison, the government is more concerned with obtaining superior Technical Approach (Factor I), Past Performance Confidence (Factor II), than Cost (Factor III). However, the Government may not make an award at a significantly higher cost to the Government to achieve slightly superior technical approach or past performance.
2. EVALUATION OF OFFERS
The Government will assess the Offeror’s Technical Approach with respect to its compliance with the solicitation requirements and the risk associated with the Offeror's approach through the assessment of the strengths, weaknesses, and deficiencies.
a. Sub-Factor (1) Management/ Staffing Plan:
1. The Government will evaluate the Offeror’s submission to determine the Offeror’s understanding of, approach to, and ability to meet the solicitation requirements based on the information provided as required by INSTRUCTIONS TO OFFERORS. The contractor’s technical information will be used to determine whether the items or services proposed meet or exceed the requirements/ salient characteristics included in the SOW.
b. Sub-Factor (2) Resumes:
2.1 The Government will evaluate resumes to determine the Offeror’s ability to provide qualified personnel.
2.2 Technical Approach Grading Criterion:
The Government shall evaluate Technical Approach using the following adjectival ratings:
Combined Technical/ Risk rating
Rating
Description
Outstanding
Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.
Good
Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.
Acceptable
Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.
Marginal
Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.
Unacceptable
Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.
2.3 Unacceptable Rating. Any offeror receiving a score of “unacceptable” in a factor or any sub-factor will render the entire proposal ineligible for award.
B. Factor II – Past Performance Grading Criteria There are two aspects to the past performance evaluation. The first is to evaluate each contractor’s past performance for relevancy to the proposed effort. The second is to determine the Government’s confidence level regarding future performance, based on each contractor’s past performance.
1. Relevance. Past performance on current and recent contracts (within the last 3 years) that are more technically relevant to the customer’s mission and program performance requirements, and similar in size, scope and complexity will receive greater consideration than performance on contracts that are less relevant.
1.1 Grading Criteria for “Past Performance Relevancy.” To determine how relevant each recent effort accomplished by the contractor is, the government will evaluate each past performance action, and rate each action using the following table below:
Past Performance Relevancy Rating
Definition
Very Relevant
Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant
Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant
Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant
Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
2. Performance Confidence Assessment. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts in the past (including at a minimum customer service, quality of work, schedule, delivery of services) and what level of confidence the government can place in the contractor’s future performance under the proposed effort.
The government will evaluate vendors’ past performance for the following:
• Extent of client satisfaction with previous performance
• Reasonable and cooperative behavior in dealing with clients
• Quality of previously performed services
• Effectiveness in meeting schedules and providing services or products
2.1 Grading Criteria for “Performance Confidence Assessment:” To determine the confidence level, each past performance action will be evaluated and rated using the following ratings:
Performance Confidence Assessment
Description
Substantial Confidence
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence has a reasonable expectation that the offeror will successfully perform the
Neutral Confidence
No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.
The offeror may not be evaluated favorably or unfavorably on the factor of past performance.
Limited Confidence has a low expectation that the offeror will successfully perform the required effort.
No Confidence has no expectation that the offeror will be able to successfully perform the
In the case of a vendor for whom information on past performance is not available, the government will not evaluate the vendor favorably or unfavorably on past performance. Such vendor will receive a Neutral rating for past performance. The government intends to verify past performance information on contracts listed by the Offerors. The Government may contact some or all of the references. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. The Contractor Performance Assessment Reporting System (CPARS) will be accessed to locate recent and relevant information.
C. Factor III– Price:
The Government will evaluate quotations for price completeness, and price reasonableness. A price reasonableness determination will be made using the price analysis techniques identified in FAR 15.404-1 as deemed appropriate.
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor…
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