ATT___3_Full_Text_Provisions_and_Clauses.pdf

FULL TEXT PROVISIONS AND CLAUSES

Attachment # 3 Page # 1 of 41

C05 Changes to Key Personnel (OCT 2016)

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for evaluation. The contractor shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change.

The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

252.323-7006 Wide Area Workflow Payment Instructions (May 2013) DFARS

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area Work Flow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing:. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov;

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol or Payweb

(1) To access PayWeb, the vendor may go to the following site:

https://onronline.onr.navy.mil/payweb/

(2) For instructions on PayWeb payment request submission, please contact the office identified below:

(Contracting Officer: Insert applicable ONR Regional Office information)] https://wawf.eb.mil/

(f) WAWF payment instructions: The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s) 2 in 1 Type of Invoice Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location.

The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

SC0707

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP4702 Admin DoDAAC SP4702 Inspect By DoDAAC SC0707 Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) SC0707 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5)WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Mark.Bayless@dla.mil (NOT Contracting Officer)

(6) WAWF point of contact.

(1)The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Mark.Bayless@dla.mil, 614-692-7235, (NOT Contracting Officer)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

52.203-3 GRATUITIES (APR 1984) FAR

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (Oct 2016)

DFARS

(a) Definitions. As used in this provision— “Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident (OCT 2016) DFARS

(a) Definitions. As used in this clause— “Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government wide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of http://www.archives.gov/cui/registry/category-list.html http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 a cyber-incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

(End of clause)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016) DFARS

(a) Definitions. As used in this clause— “Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is— http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract;

or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g.,privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system.

This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract.

To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and

(2) Apply other information systems security measures when the Contractor easonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability

(c) Cyber incident reporting requirement

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017) FAR

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION:

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the combined synopsis and solicitation notice. As a combined synopsis/solicitation notice based on Lowest Price Technically Acceptable (LPTA), in accordance with Federal Acquisition Regulation (FAR) Part 15-101-2, the Government will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The THREE (3) evaluation factors for determination of technical acceptability consist of:

1) Factor 1 - "Technical Service Acceptability".

2) Factor 2 – “Technical Qualifications of Proposed Staffing”

3) Factor 3 - "Past Performance Acceptability".

NOTE: Failure to comply with the combined synopsis and solicitation notice requirements will raise serious questions regarding an Offeror’s technical ability to perform the services and may be grounds to eliminate the quote from further consideration for contract award.

b. THE OFFER:

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the combined synopsis and solicitation notice, including the PWS for the services.

These instructions prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes.

c. AWARD BASED ON INITIAL OFFERS:

If the Government does not conduct a reverse auction, it intends to evaluate proposals and make award without discussions. Quotes should contain the vendor’s best terms. Additionally, the Government reserves the right to conduct discussions and request quote revisions if it is determined to be necessary.

d. INSTRUCTIONS ON SUBMISSION.

Offeror's shall submit their quote via E-MAIL to Ricardo.blancosoto@dla.mil before the closing date of the combined synopsis/solicitation notice.

The email needs to have in the subject line:

“FOUO – Source Selection Information –See 2.101 & 3.104 – RESPONSE TO THE COMBINED

SYNOPSIS/SOLICITATION NOTICE REFERENCE # SP4702-18-R-0509.

If multiple e-mails need to be submitted offeror's shall put in the subject line email X of X.

The Source Selection Evaluation Board will evaluate the Technical Acceptability (non-cost) factors on an acceptable/unacceptable basis. The combined synopsis/solicitation notice will identify the minimum requirements that are key to successful contract performance. The Contractor must be rated Acceptable in all factors in order to be eligible for award. Details of the criteria to be evaluated under each factor are as follows:

mailto:Ricardo.blancosoto@dla.mil

FACTOR 1: TECHNICAL SERVICE ACCEPTABILITY.

To be rated Technically Acceptable, the Contractor shall submit with its offer a detailed Management Plan. The Management Plan shall demonstrate that the contractor is capable of completing all work in accordance with the Performance Work Statement. The Management Plan must identify all work that shall be accomplished with in-house resources and demonstrate that the contractor has identified all strategic partners for any project requirements that are to be completed by subcontractors. The Management Plan shall include, but not be limited to the following: Organizational Structure, Lines of Support, Subcontractor Relationships, Operational Procedures, Employee Resumes, Overall Approach to Work, Transition Plan, Quality Management Plan, Project Management Plan, Environmental & Safety Plan, and Security Plan. The Management Plan shall be evaluated using all applicable codes and standards for reference. In conjunction with the codes and standards, the Management Plan will also be evaluated using the manufacturer recommended preventative maintenance as provided in the manufacturer’s operation and maintenance manuals. The offeror shall provide this information with its company proposal submission.

FACTOR 2 - TECHNICAL QUALIFICATIONS OF PROPOSED STAFFING.

To be rated Technically Acceptable, the Contractor shall submit the following with its offer:

A. The contractor shall provide sufficient documentation of the certifications, licenses, and specific experience of all technicians to work on the project. These qualifications shall demonstrate the ability of the technicians to manage, operate, and execute the quality assurance requirements for the maintenance of elevators and wheelchair lift systems for contracts of similar size and scope.

B. The contractor shall provide all licenses required by the Local, State, and Federal Government for the work being conducted.

C. The contractor shall submit copies of any contingent contracts or subcontracts that provide any services required under this contract.

D. The contractor shall provide sufficient documentation of the certifications, licenses, and specific experience for all Program Managers. All Program Managers are required to have a minimum of three years of experience executing the designated program requirements. Safety Manager(s) shall have an OSHA 30 hour course certification. Key personnel designated for these assignments must be designated by the principle in writing. Designees may perform multiple responsibilities

FACTOR 3: PAST PERFORMANCE ACCEPTABILITY.

To be rated Technically Acceptable, the Contractor shall submit at least three (3) but no more than five

(5) previously awarded and completed contracts of similar size and scope that are deemed to meet recency, relevancy and quality requirements. For this acquisition, recency refers to contracts awarded and completed within the last three (3) years as of the closing date of the combined synopsis/solicitation notice. Relevancy refers to contracts of similar size to this acquisition for elevator and wheelchair lift preventative maintenance, repair service, and elevator equipment modernization. Quality refers to contracts that were satisfactorily completed within the designated PoP. All submissions shall include the following information:

A. The date of each service contract award, and the contract award amount in dollars;

B. The date of each service contract completion, and the final contract amount, in dollars;

C. A brief description of each service contract scope of work; and

D. Identification of at least one point-of-contact (POC) at the organization that awarded each submitted contract, to include POC’s name, e-mail address and telephone number.

2. Quotes that are not rated Technically Acceptable for all non-price factors will be removed from consideration.

SPECIAL NOTE for Offerors That May Lack Past Performance Information: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.

e. PRICE PROPOSAL:

Contractor shall complete Section B “pricing section” (attachment # 2). In addition, the quantity column shall be fill out as actual cost of services times unit price of $1.00 equals the total cost of the services.

3. BASIS OF AWARD:

The Government will select the source whose proposal offers the lowest evaluated price and for which all non-price factors are rated as Acceptable in accordance with established criteria in the combined synopsis/solicitation notice. Note that offers that are not technically acceptable cannot be selected, regardless of price.

52.212-2 Evaluation - Commercial Items (Oct 2014) FAR A. Evaluation factors and subfactors represent those specific characteristics that are tied to significant combined synopsis/solicitation notice requirements and objectives having an impact on the source selection decision and which are expected to be discriminators or are required by statute/regulation. They are the uniform baseline against which each offeror’s proposal is evaluated, allowing the Government to make a best value determination. The evaluation factors and subfactors will be set forth in the combined synopsis/solicitation notice in enough depth to communicate how requirements will be evaluated. The evaluation factors and subfactors will be the primary determinant of the detailed information requested in the combined synopsis/solicitation notice instructions to offerors. If subfactors are used, they will be evaluated separately. The Source Selection Evaluation Board will establish the factors and subfactors to be evaluated on an “acceptable” or “unacceptable” basis. These factors and subfactors will identify the minimum requirements that are key to successful contract performance. In accordance with the referenced Source Selection Procedures, cost or price and the acceptability of the product or service described herein will be evaluated. In this LPTA acquisition, the following three factors will be evaluated.

(1) Factor 1: Technical Service Acceptability

(2) Factor 2: Technical Qualifications of Proposed Staffing

(3) Factor 3: Past Performance Acceptability

B. The Source Selection Evaluation Board will evaluate the Technical Acceptability (non-cost) factors on an acceptable/unacceptable basis. The solicitation will identify the minimum requirements that are key to successful contract performance. The Contractor must be rated Acceptable in all factors in order to be eligible for award. Details of the criteria to be evaluated under each factor are as follows:

Technical Acceptability: The term “technical,” as used herein, refers to non-price factors (Technical Service Acceptability and Technical Qualifications of Proposed Staffing) and other than past performance. More than one “technical” factor can be used and titled to match the specific evaluation criteria appropriate for the combined synopsis/solicitation notice. The purpose of the technical factor is to assess whether the offeror’s proposal will satisfy the Government’s minimum requirements. The evaluation team will evaluate the offeror’s proposal against the minimum requirements established by the combined synopsis/solicitation notice to determine whether the proposal is acceptable or unacceptable, using the ratings in the table below.

Technical Acceptable/Unacceptable Rating Method Adjectival Rating Description Acceptable Proposal meets the requirements of the combined synopsis/solicitation notice.

Unacceptable Proposal does not meet the requirements of the combined synopsis/solicitation notice.

Factor 1: Technical Service Acceptability: To be Technically Acceptable, the Contractor shall submit with its offer a detailed Management Plan. The Management Plan shall demonstrate that the contractor is capable of completing all work in accordance with the Performance Work Statement. The Management Plan must identify all work that shall be accomplished with in-house resources and demonstrate that the contractor has identified all strategic partners for any project requirements that are to be completed by subcontractors. The Management Plan shall include, but not be limited to the following: Organizational Structure, Lines of Support, Subcontractor Relationships, Operational Procedures, Employee Resumes, Overall Approach to Work, Transition Plan, Quality Management Plan, Project Management Plan, Environmental & Safety Plan, and Security Plan. The Management Plan shall be evaluated using all applicable codes and standards for reference. In conjunction with the codes and standards, the Management Plan will also be evaluated using the manufacturer recommended preventative maintenance as provided in the manufacturer’s operation and maintenance manuals. The offeror shall provide this information with its company proposal submission.

Factor 2: Technical Qualifications of Proposed Staffing:

To be rated Technically Acceptable, the Contractor shall submit the following with its offer:

A. The contractor shall provide sufficient documentation of the certifications, licenses, and specific experience of all technicians to work on the project. These qualifications shall demonstrate the ability of the technicians to manage, operate, and execute the quality assurance requirements for the maintenance of elevators and wheelchair lift systems for contracts of similar size and scope.

B. The contractor shall provide all licenses required by the Local, State, and Federal Government for the work being conducted.

C. The contractor shall submit copies of any contingent contracts or subcontracts that provide any services required under this contract.

D. The contractor shall provide sufficient documentation of the certifications, licenses, and specific experience for all Program Managers. All Program Managers are required to have a minimum of three years of experience executing the designated program requirements. Safety Manager(s) shall have an OSHA 30 hour course certification. Key personnel designated for these assignments must be designated by the principle in writing. Designees may perform multiple responsibilities.

Factor 3: Past Performance Acceptability:

The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.304(c)(3)(iii). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis using the “Past Performance Acceptable/Unacceptable Rating Method” in the table at (c) below. In rating the past performance, the following will be considered:

A. Recency & Relevancy: Past performance will be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant or not relevant to the effort to be acquired.

B. Quality of Historical Contracts: Second, the past performance evaluation will determine how well the offeror performed on the prior contracts.

C. Past Performance Acceptable/Unacceptable Rating Method:

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

To be rated Technically Acceptable, the Contractor shall submit at least three (3) but no more than five

(5) previously awarded and completed contracts of similar size and scope that are deemed to meet recency, relevancy and quality requirements. For this acquisition, recency refers to contracts awarded and

Past Performance Acceptable/Unacceptable Rating Method Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below)

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

completed within the last three (3) years as of the closing date of the combined synopsis/solicitation notice. Relevancy refers to contracts of similar size to this acquisition for elevator and wheelchair lift preventative maintenance, repair service, and elevator equipment modernization. Quality refers to contracts that were satisfactorily completed within the designated PoP. All submissions shall include the following information:

A. The date of each service contract award, and the contract award amount in dollars;

B. The date of each service contract completion, and the final contract amount, in dollars;

C. A brief description of each service contract scope of work; and

D. Identification of at least one point-of-contact (POC) at the organization that awarded each submitted contract, to include POC’s name, e-mail address and telephone number.

C. Price: the contracting officer is responsible to purchased supplies and services from responsible sources at fair and reasonable prices.

Lowest Price: Proposals not technically acceptable will be removed from consideration, and award will be made to the lowest priced technically acceptable responsible contractor. The LPTA procedure is applied to known, firm requirements, usually readily available in the commercial marketplace where a fair and reasonable price determination is based on adequate price competition. A price analysis will be conducted to determine the total evaluated price to support the selection of the lowest priced technically acceptable offeror. When contracting on a firm-fixed-price basis, comparison of the proposed prices will usually satisfy the requirement to perform a price analysis since competition normally establishes price reasonableness, and a cost analysis need not be performed.

Requested Price Information: All pricing shall be commensurate with established labor hour rates as contained within Service Act Contract Department of Labor Wage rate determination for the Service Wage Rate Requirement Statute. The offeror’s proposed labor categories and labor rates will be evaluated. The submission of certified cost or pricing data will not be required for this acquisition since it is expected to be under the TINA threshold of $750,000.00 and there is expected to be adequate price competition.

Fair Market Price: This acquisition is intended to be unrestricted. If a fair and reasonable price cannot be established by the contracting officer from the analyses of the data obtained or submitted to date, the contracting officer shall require the submission of additional data sufficient for the contracting officer to support the determination of the fair and reasonable price such as profit or should-cost analysis.

D. Basis for Award and Summary of Evaluation Factors and Subfactors:

(1) Proposals will first be evaluated on the basis of technical acceptability, which will be determined by evaluating both the Technical Acceptability and Past Performance Acceptability factors and associated subfactors on an acceptable/unacceptable basis.

(2) The evaluation factors include Technical Service Acceptability, Technical Qualifications of Proposed Staffing, Past Performance Acceptability and Price. The Technical Acceptability Subfactors include; Technical Service Acceptability and Technical Qualifications of Proposed Staffing.

(3) Past Performance Acceptability information will be provided by the offerors to show their history of successfully performing contracts of similar size and scope to the currently required effort and to determine the quality of their relevant, recent past performance. Past Performance evaluations will investigate information furnished by the offerors to ensure they have consistently demonstrated a commitment to administration, customer satisfaction, timely delivery, and quality goods and services in prior contracts of similar scope and complexity. This is a matter of judgment and will be a subjective assessment based on investigative findings.

(4) Only the proposals found to be technically acceptable will be further evaluated for award.

This means a proposal is “acceptable” for all factors.

(5) Price will be evaluated for reasonableness and completeness.

(6) Contract Award will be made to the responsible vendor that offers the lowest priced technically acceptable proposal.

52.212-3 Offeror Representations and Certifications - Commercial Items (Jan 2017) FAR An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquistion.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are…