SF 30 W56HZV-20-R-L805 Amd 0003.pdf
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- AWSM Zone 3 Solicitation - Amendment 0004
- Solicitation number
- W56HZV-20-R-L805
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This document is an amendment to a solicitation for pier-side maintenance, repair, and modernization services for the U.S. Army vessel fleet. The Army Contracting Command - Detroit Arsenal is seeking these unprogrammed maintenance and emergency repair services for areas including mechanical, electrical and structural systems on vessels comparable in size to Landing Craft Utility 2000 and Logistic Support Vessel classes. The period of performance is extended to a maximum of 66 months under the contract. Submission requirements are updated to require electronic proposals through the DoD Secure Access File Exchange system by the amended due date. Ceiling rates apply to labor performed in overseas locations and are subject only to downward negotiation. Evaluation criteria include technical approach, past performance, price, and small business participation.
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ACC-DTA
JARED CHAMBERS
6501 E 11 MILE RD
DETROIT ARSENAL MI 48397-5000
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
See Continuation Page
1. CONTRACT ID CODE PAGE OF PAGES
J 1 21
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 05-May-2020
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W56HZV20RL805
X 9B. DATED (SEE ITEM 11)
12-Mar-2020
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
05-May-2020
CODE
ACC-DTA
6501 E. 11 MILE RD
DETROIT ARSENAL MI 48397-5000
W56HZV 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE W56HZV
FACILITY CODECODE
EMAIL:TEL:
W56HZV20RL805
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
AMENDMENT 0003
The purpose of Amendment 0003 to Solicitation W56HZV-20-R-L805 is to make changes to the following sections:
1. Section H:
H.14.2 has been changed in part FROM: “…The ceiling rates are for regular (non-overtime) OCONUS labor and are subject to downward negotiation only.” TO: “The ceiling rates are for OCONUS labor and are subject to downward negotiation only.”
2. Section I:
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) has changed in part FROM: “(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 months.” TO: “(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.”
3. Section L:
a. 1. L.2.2.1 Has been changed FROM: “Each volume listed above shall be submitted on a separate set of CD-ROMs or DVDs. The offeror shall submit two identical sets of CD-ROMs or DVDs for each volume. One set of media shall be labeled as the primary copy and signed by a representative of the company authorized to submit proposals. In the case of defective file(s) on the primary disc, the second copy will be utilized only to retrieve and review the defective file(s) in question. If the primary disc is entirely defective, the second copy will be used entirely. All other data on the primary disc will take precedence.” TO: “Offerors are required to submit proposals electronically, via DoD Secure Access File Exchange (SAFE), which can be accessed at https://safe.apps.mil/. When submitting a proposal to DoD SAFE, Offerors need to request a Drop-Off code from Jennifer Harris, Jennifer.l.harris194.civ@mail.mil through email. It is recommended that this request is submitted no later than 72 hours prior to proposal due date and time. The Government will send you a one-time submission code through the “request a drop off” feature of DoD SAFE.
After submitting a proposal in DoD SAFE using the “Drop Off” feature, the offeror shall take a screen shot of the “Drop Off Completed” screen and email it to Jennifer Harris, Jennifer.l.harris194.civ@mail.mil. The one-time submission code must be used to submit a proposal for this solicitation. Bidders with a CAC card may not submit a proposal on their own without a one-time submission code provided by the Government for tracking purposes.
Submissions via the DoD Safe Site are limited to 8.0 GB. If your proposal is larger than 8.0 GB then you will need to request additional codes.”
b. L.2.2.1.1 is changed FROM: “Each CD-ROM or DVD shall be labeled so it is easily identifiable for evaluation purposes (example: Volume II, Price Factor, Set 1 of X, CD 1 of X), and shall also include the offeror’s name and the solicitation number. Each volume shall include a (i) title page, (ii) table of contents, and (iii) list of tables and figures. Each page of the proposal shall be numbered, and each paragraph of the proposal shall have a reference number. A list of all attachments and substantiating data shall be provided in the table of contents. The table of contents shall be organized as a set forth below. The table of contents shall include the following information for each Factor, attachment, and for all substantiating data listed:
a. Cross-reference to related Section L paragraph number
b. Page number
c. CD-ROM or DVD Volume and number
d. File name
TO: “In accordance with FAR 15.208, it is the responsibility of the Offeror to ensure the proposal is received by the date and time specified on the cover page of this solicitation in accordance with the Instructions below. The DoD SAFE submission code is a one-time code. Therefore, Offerors should allow adequate time to request, receive, and input the code multiple times in case there is a problem with submittal of the proposal. Please note that when submitting through DoD SAFE, it will take time to upload the proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.”
c. L.2.2.3 is now RESERVED
d. L.2.2.4 Method of Submission has changed FROM: “Proposals submitted via e-mail will not be accepted. Proposals shall either be hand-carried or submitted via US mail. Hand-carried submissions* include proposals delivered by commercial carriers such as FedEx, UPS, or services other than the US Postal Service. Proposals must be delivered to the Detroit Arsenal (DTA) Mail Handling Facility (Building 255) between the hours of 8:00AM and 1:00PM local Warren, MI time. The package(s) will be dated and time stamped at the Mail Handling Facility and the Government will be responsible for forwarding the package(s) to the appropriate personnel. Offerors should ensure that any commercial carrier it uses has a tracking system that can provide documentation that will prove the date and time of delivery to the Government. If the proposal is hand-carried by other than a commercial carrier, the delivery person (even if an employee of the offeror) must be a US citizen, and must obtain a signed receipt, indicating date and time of delivery, from the Mail Handling Facility personnel. The delivery person must provide the receipt since the Mail Handling Facility personnel do not have them. *Directions to DTA: From Van Dyke Avenue, travel west on East Eleven Mile road to railroad track. Immediately after crossing railroad track turn right into DTA main gate and follow security officer directions to the Mail Handling Facility (Building 255). It may be necessary for the delivery person to obtain a visitors badge prior to being allowed to enter the installation. If so, the security officer will advise the delivery person of the procedures to follow.” TO: Proposals shall be submitted via DoD Secure Access File Exchange (SAFE), which can be accessed at https://safe.apps.mil/. When submitting a proposal to DoD SAFE, Offerors need to request a Drop-Off code from Jennifer Harris, Jennifer.l.harris194.civ@mail.mil through email. It is recommended that this request is submitted no later than 72 hours prior to proposal due date and time. The Government will send you a one-time submission code through the “request a drop off” feature of DoD SAFE.
After submitting a proposal in DoD SAFE using the “Drop Off” feature, the offeror shall take a screen shot of the “Drop Off Completed” screen and email it to Jennifer Harris, Jennifer.l.harris194.civ@mail.mil. The one-time submission code must be used to submit a proposal for this solicitation. Bidders with a CAC card may not submit a proposal on their own without a one-time submission code provided by the Government for tracking purposes.
Submissions via the DoD Safe Site are limited to 8.0 GB. If your proposal is larger than 8.0 GB then you will need to request additional codes. ”
e. L.2.2.4.1 and L.2.2.4.2 have been removed.
4. Except as provided herein all other terms and conditions remain unchanged.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
The following have been modified:
SPECIAL CONTRACT REQUIREMENTS
H.1 ISSUANCE OF TASK ORDER REQUIREMENTS
The following ordering procedures apply to all task orders issued under the AWSM PIERSIDE MA IDIQ contract.
Any services to be furnished under this MA IDIQ contract will be acquired by the Government via a task order.
H.1.1 Authority to Place a Task Order:
The AWSM PIERSIDE contract will be used by the Watercraft Inspection Branch (WIB) and Army Watercraft Systems (AWS)
The Procuring Contracting Officer(s) (PCO) will follow the policies and procedures in FAR 16.505.
Task orders may be placed at any time during the five year IDIQ with five, one year ordering periods..
H.1.2 Types of Orders:
Firm-fixed-price and Time and Materials Contracts as specified in FAR Part 16, Types of Contracts, may be permitted for use on task orders issued against the AWSM PIERSIDE Contract. The Government intends to competitively award task orders in accordance with (IAW) the Fair Opportunity provisions of FAR 16.505(b). The Government shall consider any task order not rejected in writing within three business days after issuance to have been accepted by the contractor.
H.1.3 Unauthorized Work:
The contractor shall not commence performance until after the task order has been awarded by the PCO.
H.1.4 Task Order Funding:
Funding will be authorized and obligated at the task order level.
H.1.5 Task Order Requests:
H.1.5.1 The contractor, as an independent contractor and not as an agent or employee of the Government, shall furnish to the Government all necessary labor, services, and materials required to accomplish the work efforts as specified in the fully executed task order. All tasks to be performed at the task order level shall be within the scope of Section C of this MA IDIQ contract. The Government is only liable for work authorized under the terms and conditions stated in the task order.
H.1.5.2 Within 15 business days after MA IDIQ award, the prime contractor shall establish a single e-mail mailbox for the Government to use to distribute Task Order Request information. The Government will only send Task Order
Request packages to one email address per prime contractor. The Task Order Request will include submission requirements, evaluation criteria, and other information specific to the requirement. All contractors who receive the Task Order Request shall acknowledge receipt electronically to the person(s) of issue within two business days.
H.1.5.3 Task Order Requests will be issued electronically by the Government when soliciting proposals for requirements under the AWSM PIERSIDE contract. A task order proposal shall be received at the initial point of entry by the date and time specified in the Task Order Request or the proposal will be determined late. Proposal, as the term is used here, means ALL volumes and/or parts of the proposal required by each Task Order Request.
H.1.5.4 The Government reserves the right to award any task order based on initial proposals as submitted. The Government will evaluate proposals based on the evaluation criteria identified in each Task Order Request, which may include technical approach, experience, past performance, cost/price, or small business participation (SBP).
H.1.5.5 Depending on the effort required by the specified task order, additional FAR, DFARS, and/or AFARS clauses, as well as any other terms and conditions, may be applicable.
H.1.5.6 Small Business Requirement:
H.1.5.6.1 A small business (SB) subcontracting requirement may be included in a Task Order Request. This requirement may apply to both SBs and OTSBs. SBs can propose to meet the SB subcontracting requirement via its own performance. If this requirement is added, the Task Order Request may identify the percentage of fully-loaded labor dollars to be subcontracted to SB concerns for each period of performance, not including any phase-in period.
The Government may reject a contractors proposal that fails to comply with this requirement at the time of proposal submission. During task order performance, this requirement may be monitored on a monthly basis. Failure to meet this requirement may be grounds for Termination for Cause.
H.1.5.6.2 The NAICS code specified in the Task Order Request must be passed on to the subcontractor unless the contractor provides supporting data to the PCO explaining why another NAICS code is more appropriate for the work the subcontractor will be performing. In addition, if the subcontractor is not listed in System for Award Management (SAM) for the NAICS code being utilized, supporting data shall be provided showing that the subcontractor is, in fact, a SB concern. All proposals shall include a statement as to the specific work the subcontractor will perform, broken down for each performance period identified in the Task Order Request. Failure to provide the subcontracting information required above in a contractors task order proposal will result in rejection of the proposal.
H.1.6 Evaluation Process for Task Order Proposals:
H.1.6.1 Task orders will be competed IAW the Fair Opportunity provisions of FAR 16.505(b) unless one of the exceptions listed in FAR 16.505(b)(2)(i) applies. The basis for the award will be identified in the Task Order Request(s). Best Value Trade Off (see paragraph H.1.7.1.1) or Lowest Evaluated Price (see paragraph H.1.7.1.2) are two evaluation approaches that may be utilized at the task order level.
H.1.6.1.1 Best Value Trade Off: Task order award will be made to the contractor whose proposal is determined to represent the best value to the Government when evaluated IAW the criteria set forth in the individual task order request. This may result in award to other than the lowest priced proposal or other than the highest rated proposal after consideration of all evaluation factors. Best value is determined through an integrated assessment and trade off analysis utilizing non-cost factors such as technical approach and qualifications, past performance, management approach, personnel experience, SBP, versus cost/price factors.
H.1.6.1.2 Lowest Evaluated Price: If low price is utilized, the Government will evaluate the lowest total evaluated price.
H.1.6.2 Contractors are cautioned that during the evaluation of task orders the Government may use, in addition to the data provided in a contractors proposal, data obtained from other sources (e.g., Dun and Bradstreet (D&B) reports, DCAA audits, available industry market rates for labor and overhead), including the Past Performance
Information Retrieval System (PPIRS) for CPARS data, ESRS data, and records of performance on previously awarded contract actions. While the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete proposal information rests solely with the contractor.
H.1.6.3 The Government reserves the right to conduct exchanges with one or more, but not necessarily all contractors for any reason.
H.1.7 Task Orders Awarded on a Time-and-Material Basis:
H.1.7.1 The contractor shall notify the PCO, in writing, when the hourly rate payments, travel, other direct costs and material amounts that will accrue in performing the awarded task order, when added to all other payments and amounts previously accrued, will exceed 75 percent of the total price of the task order; except if FAR 52.232-20, Limitations on Cost, is included in the task order, the notification required in this paragraph shall occur as prescribed in the clause.
H.2 PRICING
H.2.1 Labor: Each offeror will input Fully Burdened Labor Rates (FBLR) within the Pricing Attachment. The FBLRs will be used to calculate the time and material composite labor rates. The time and materials composite labor rates will be incorporated as an attachment to the MA IDIQ contract.
H.2.2 For TOs with Time and Material CLINs, offerors shall propose at or below the time and material composite labor rates. If a future TO requires significantly different skill mix than what is identified in the Pricing Attachment, then the Government may waive this requirement for that specific TO. For billing purposes under time and materials TOs, the labor costs shall be billed using the ceiling rates in the contract or the rates proposed/negotiated, whichever is lower.
H.2.3 Material/ODCs: Each offeror will input its estimated indirect cost and profit rate into the Pricing Attachment.
The indirect cost rate proposed by the offeror will be incorporated as an attachment to the MA IDIQ contract. For TOs with Time and Material CLINs, offerors shall propose at or below the indirect cost rate identified within the Pricing Attachment. For billing purposes under time and materials TOs, the indirect rates applied to material/ODC shall be billed using the ceiling rates in the contract or the rates proposed/negotiated, whichever is lower. For TO’s with Time and Materials CLINs the profit rate is not applicable to those specific CLIN(s).
H.3 RESERVED
H.4 OFF-RAMPING
H.4.1 At any point during the MA IDIQ ordering period, ACC-DTA reserves the right to Off-Ramp a MA IDIQ prime contractor via mutual agreement between the Government and the contractor, based on a determination of non-responsibility, or for failure to comply with FAR 19.702(c).
H.4.2 Written notice of the proposed off-ramping action will be sent to the affected contractor, and will allow the contractor 10 calendar days to respond before the off-ramping action is executed.
H.5 ON-RAMPS
H.5.1 To maintain an optimal mix of both SB and OTSB prime contractors, ACC-DTA may conduct an Open Season during the AWSM PIERSIDE MA IDIQ performance period during which new contractors may be added, via On-Ramping, to the AWSM PIERSIDE contract. This may result in a change in the total number of SB and/or OTSB MA IDIQ AWSM PIERSIDE contractors. Any new IDIQ contracts awarded as a result of On-Ramps will not result in a change to the maximum quantity of services anticipated under this contract, as stated in paragraph A.6.2, nor will the ordering period for the IDIQ contract be extended beyond that stated in paragraph A.7.
H.6 NON-PERSONAL SERVICES
Contractor employees shall only perform tasks as directed by the contractor. The contractor shall notify the PCO if any contractor employee reports receiving instructions, directions or orders to perform work from Government personnel. (FAR 37.104, "Personal services contracts")
H.7 GOVERNMENT FURNISHED PROPERTY
The Government may provide Government Furnished Property (GFP), Government Furnished Material (GFM) or Government Furnished Equipment (GFE) for individual task orders. GFP, GFM, and GFE clauses will be addressed at the individual task order level.
H.8 FEDERAL HOLIDAYS
The following days are legally-recognized holidays. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays:
New Year's Day Martin Luther King Jr.'s Birthday President's day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day
H.8.1 When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday.
H.8.2 In addition to the days designated as holidays, the Government observes the following days:
H.8.2.1 Any other day designated by federal statute
H.8.2.2 Any other day designated by Executive Order
H.8.2.3 Any other day designated by Presidential Proclamation
H.8.3 It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not be a reason for an extension of the period of performance, or entitlement of compensation except as set forth within the contract.
H.9 CORPORATE CHANGES
H.9.1 The contractor shall notify the PCO prior to the commencement of any corporate change. Any corporate changes may impact a prime contractor's ability to participate in future requirements under this AWSM PIERSIDE contract.
H.9.2 The contractor shall provide the Watercraft PCOs copies of all publicly available correspondence relating to corporate status and major corporate revisions, such as buyouts, sale or dissolution, and changes in personnel policy that effect this contract or task orders issued thereunder. Potential buyout scenarios, actual buyouts, sales and dissolutions shall be disclosed in writing to the Watercraft PCOs as soon as possible.
H.10 CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) AND CONTRACTOR
PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)
H.10.1 The contractor shall access the CPARS website via http://www.cpars.gov/.
H.10.2 A CPAR is required when a contract/task order meets the established dollar threshold for its business sector as defined in AFARS 5142.1502-90(a). However, the PCO may require a CPAR valued below those thresholds.
Additionally, a CPAR is required in all instances of termination or partial termination for default or cause immediately upon notification to the contractor, regardless of the dollar value of the contract or task order. The cognizant DCMA office and/or the COR may provide relative information to the PCO regarding the contractor's performance to include the following areas: Technical (Quality of Product or Services); Schedule; Cost Control;
Management (Responsiveness, Subcontract Management, Program Management or Other Management) and Management of Key Personnel (for Services and Information Technology Business Sectors). The assessment/review will be accomplished through CPARS. The completed evaluations will not be released to anyone other than Government personnel and the contractor whose performance is being evaluated. Within the time specified in the individual task order, the contractor shall provide the PCO with the name of the person who will be responsible for accepting or disputing the CPARS created by the Government.
H.10.3 An interim CPAR is required for new task orders meeting the thresholds identified in AFARS 5142.1502- 90(a) and that have a period of performance greater than 365 calendar days. Interim CPARS are also required every 12 months throughout the entire period of performance of the task order up to the final report. Additionally, an interim CPAR is also required upon a significant change within the agency, provided that a minimum of six months of performance has occurred, such as a change in program or project management responsibility or a transfer of a contract to a different contracting activity.
H.10.4 A final CPAR will be completed by the Government upon task order completion. Final reports are to be prepared on all contracts meeting the thresholds established in AFARS 5142.1502-90(a) with a period of performance of less than 365 calendar days but no more than 18 months. The final CPAR will only address information on the period of performance since the last CPAR.
H.11 CONTRACTOR MANPOWER REPORTING REQUIREMENTS APPLICABLE TO AWARDED TASK
ORDERS
H.11.1 The contractor shall access the CMR website via https://cmra.army.mil.
H.11.2 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided through fully executed task orders. If the contractor does not receive a funded task order in any given year, information need not be entered in the Contractor Manpower Reporting (CMR) database.
The reporting period shall be the period of performance that does not exceed 12 months, ending 30 September of each Government fiscal year. All data must be reported by 31 October of each calendar year. The contractors name and the contract number associated with the data will not be disclosed to the public.
H.12 ORGANIZATIONAL CONFLICTS OF INTEREST (OCIs)
H.12.1. The provisions of FAR 9.5 Organizational Conflict of Interest (OCI), apply to any award under this RFP.
The contractor and its subcontractors, consultants, parents, subsidiaries, joint ventures, or other business affiliates of any tier may be excluded from performing under this contract if the PCO finds an organizational conflict of interest due to bias or unfair competitive advantage. A similar provision is expected to apply to follow-on SLEP and OCCM RFPs and contracts. Exceptions may be granted by modification to the contract for relationships where the Government agrees that either 1) the potential for bias or unfair competitive advantage is essentially non-existent, 2) a means of controlling the relationship to effectively neutralize the potential conflict can be reached, or 3) there is no way to perform the Government's requirements without such potential. This restriction begins on the date of award of this contract or any subcontract or other relationship hereunder and expires on the completion of the contract/subcontract.
H.12.2. The contractor shall flow down this provision in any subcontracts or other related instruments (of all tiers).
The contractor shall monitor activities of itself and subcontractors and related entities, and promptly disclose any actual or potential OCI and any actions taken or proposed to negate or mitigate such conflicts.
H.13 SERVICE CONTRACT ACT COMPLIANCE REQUIREMENT
This contract is subject to the Service Contract Act (SCA), although the exact places of performance are not yet identified. Labor categories may vary based upon contractor employment policies and labor agreements. The contractor shall consult the Department of Labor (DOL) Website: https://www.beta.sam.gov/help/wage-determinations for specific location wage determinations as appropriate.
The contractor is responsible for ensuring the rates proposed for personnel subject to the SCA meet or exceed the corresponding minimum wages established by the DOL for the corresponding geographical region for contract performance. When the actual place of performance is identified on the task order, it is incumbent upon the contractor to discount the ceiling rates from its Pricing Labor Matrix if deemed appropriate by the actual place of performance.
H.14 INCORPORATION OF RATES AND LABOR DESCRIPTIONS
H.14.1 The contractor’s Pricing labor matrix (Attachment 0003) proposed in response to the MA IDIQ solicitation sets forth the labor categories and associated maximum labor rates the Government will reimburse for any given performance period. Contractors are advised that the proposed labor rates to successful perform any task order issued hereunder should reflect the most competitive price. At the task order level, should the applicable Wage Determination rates(s) increases during task order performance, the Contracting Officer will make adjustments in accordance with FAR 52.222-43, “Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts).”
H.14.2 All fully loaded labor rates (including profit/fee) shown on the Pricing Labor Matrix (Attachment 0003) are incorporated into the contract as ceiling rates for time-and-material contract line items. The ceiling rates are for OCONUS labor and are subject to downward negotiation only. Ceiling prices will apply, unless an applicable Wage Determination increases beyond the ceiling. The contractor shall account for all conceivable contingencies when developing its ceiling rates for each labor category listed in Attachment 0003.
H.15 ADMINISTRATION OF SMALL BUSINESS SUBCONTRACTING PLAN
H.15.1 This section does not apply if: 1) an approved comprehensive small business subcontracting plan, established under DFARS Subpart 219.7, applies; or, 2) a Small Business Subcontracting Plan is not required pursuant to FAR 52.219-9(a).
H.15.2 Goals for orders not awarded to the contractor do not apply and the contractor will not be required to report on them.
H.15.3 When the contractor is awarded future task orders or modifications that require an update to the Small Business Subcontracting Plan, the goals for the order or mod will be incorporated into the order or mod.
H.15.4 Every set of goals for every mod or order hereby constitutes an addition to the original plan in the contract.
H.15.5 Electronic Subcontracting Reporting System (eSRS) Semi-Annual Reporting:
H.15.5.1 Contractors shall submit their cumulative goals semi-annually through eSRS pursuant to the following dates:
H.15.5.1.1 By 30 April for period ending 31 March
H.15.5.1.2 By 30 October for period ending 30 September
H.15.5.2 Contractors shall report the cumulative goals and cumulative accomplishments for all the orders and mods on the contract.
H.15.5.5 If no mods or orders were awarded to a contractor within a reporting period, the contractor shall submit a statement to the Contracting Officer stating that a Small Business Subcontracting Cumulative Goals Spreadsheet is not required in accordance with the reporting period dates.
H.16 ADDITION OF CLAUSES/PROVISIONS AT THE TASK ORDER LEVEL
The Contracting Officer, at his/her discretion, may add additional clauses/provisions at the task order level. The Contracting Officer will include any such clauses/provisions in the Task Order Request.
SECTION I - CONTRACT CLAUSES
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of clause)
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
NOTICES TO OFFERORS
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 General Proposal Information
The information contained in these sections serves as an addendum to 52.212-1.
L.1.1 The proposal, subject to the Submission, Modification, Revision, and Withdrawal paragraph of Instructions to offeror(s) Commercial Items (FAR Provision 52.212-1) contained in Section L of the solicitation, shall be submitted in the format and quantities set forth below. All information necessary for the review and evaluation of a proposal is to be contained in the proposal volumes set forth below. Section M of the solicitation sets forth the evaluation criteria and delineates the Factors to be evaluated and their relative order of importance. The offeror's proposal, as required by this section, will be evaluated as set forth in Section M of this solicitation. The Government will not assume the offeror possesses any capability, understanding, or commitment not specified in its proposal. It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates an understanding of and the ability to comply with the solicitation requirements to allow for a meaningful evaluation. The Government does not assume the duty to search for data to cure problems it finds in proposals.
L.1.2 Minimum Acceptance Period
This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.
ACCEPTANCE PERIOD means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of offers.
L.1.2.1 The Government specified minimum acceptance period is 180 calendar days.
L.1.2.2 The offeror shall clearly state in its proposal Administrative volume the acceptance period. Offerors may specify a longer acceptance period than the Government's minimum acceptance period stated above.
L.1.2.3 An offer allowing less than the Government's minimum acceptance period may be rejected.
L.2 Proposal Content, Format and Instructions
L.2.1 Proposal Content
L.2.1.1 All proposals shall be in English (American Standard) and shall be in US dollars. Proposals not in English or in US Dollars may be rejected. The proposal shall include all information specified and shall address all requirements outlined in Section L. The offeror's proposal shall be submitted in four separate volumes and in the quantities as set forth below. The offerors proposal shall consist of the following volumes:
Volume Number Title Quantity Volume I Past Performance 2 Volume II Price 2 Volume III Small Business Participation 2 Volume IV Administrative 2
L.2.1.2 A Proposal Executive Summary or transmittal letter is optional. It will neither be considered as part of the volumes required, nor will it be evaluated. If a Proposal Executive Summary is submitted, it must be submitted as part of the Administrative volume above and it should be no more than four pages in length. This page limit is based upon standard 8.5” x 11” paper with a minimum font size of 10 pt. and with a minimum of .5” margins.
L.2.1.3 Offerors are not authorized to include in the proposal citations for, or linkages to websites.
L.2.2 Proposal Format and Instructions
L.2.2.1 Offerors are required to submit proposals electronically, via DoD Secure Access File Exchange (SAFE), which can be accessed at https://safe.apps.mil/. When submitting a proposal to DoD SAFE, Offerors need to request a Drop-Off code from Jennifer Harris, Jennifer.l.harris194.civ@mail.mil through email. It is recommended that this request is submitted no later than 72 hours prior to proposal due date and time. The Government will send you a one-time submission code through the “request a drop off” feature of DoD SAFE. After submitting a proposal in DoD SAFE using the “Drop Off” feature, the offeror shall take a screen shot of the “Drop Off Completed” screen and email it to Jennifer Harris, Jennifer.l.harris194.civ@mail.mil. The one-time submission code must be used to submit a proposal for this solicitation. Bidders with a CAC card may not submit a proposal on their own without a one-time submission code provided by the Government for tracking purposes. Submissions via the DoD Safe Site are limited to 8.0 GB. If your proposal is larger than 8.0 GB then you will need to request additional codes.
L.2.2.1.1 In accordance with FAR 15.208, it is the responsibility of the Offeror to ensure the proposal is received by the date and time specified on the cover page of this solicitation in accordance with the Instructions below. The DoD SAFE submission code is a one-time code. Therefore, Offerors should allow adequate time to request, receive, and input the code multiple times in case there is a problem with submittal of the proposal. Please note that when submitting through DoD SAFE, it will take time to upload the proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.
L.2.2.1.2 Acceptable File Formats. All electronic information provided in response to the solicitation must be provided in Microsoft (MS) Office 2013 compatible or Adobe Portable Document Format (PDF) format or except as noted in instructions for individual volumes. For files in PDF format, scanners should be set to 200 dots per inch.
The proposal shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic proposal. Any linked information that is not contained in the proposal will not be accepted.
L.2.2.1.3 Electronic Files. The proposal electronic file name should not exceed 50 characters in length (not including the file extension). Ensure the file name does not contain any periods.
L.2.2.1.4 Unless otherwise specified, proposals shall be formatted for 8.5 inch x 11 inch paper with a minimum font size of 10 pt. and with a minimum of 0.5 margins. Schedules, drawings and other documents more appropriate to larger size shall be formatted for no larger than 8.5 inch x 14 inch dimensions.
L.2.2.1.5 Provide spreadsheets that include all formulas, function, macros, computations, or equations used to compute the proposed amounts. For each workbook, all Rows, Columns, Cells, and Worksheets are to be visible. Do not include Zero height and zero width rows and columns in Worksheets. Do not format Worksheet cells with font color equal to the fill color. If Workbooks or Worksheets are password protected, then the passwords must be provided. Do not submit print image files or pictures or files containing only values. Print image files or files containing only values are not acceptable. Failure to provide fully functional excel spreadsheets in the proposal may result in the proposal being rejected (See Section M.2.1(a)).
L.2.2.2 Submission Due Date
The offeror must ensure its proposal, in its entirety, reaches the required destination before the date and time set for closing of the solicitation set forth in Block 8 on the SF 1449 front page of the solicitation.
L.2.2.2.1 Lateness The lateness rules for submitted proposals are outlined in FAR 52.212-1 "Instructions to Offerors-Competitive Acquisition," and are incorporated into this solicitation.
L.2.2.3 RESERVED
L.2.2.4 Method of Submission Proposals shall be submitted via DoD Secure Access File Exchange (SAFE), which can be accessed at https://safe.apps.mil/. When submitting a proposal to DoD SAFE, Offerors need to request a Drop-Off code from Jennifer Harris, Jennifer.l.harris194.civ@mail.mil through email. It is recommended that this request is submitted no later than 72 hours prior to proposal due date and time. The Government will send you a one-time submission code through the “request a drop off” feature of DoD SAFE. After submitting a proposal in DoD SAFE using the “Drop Off” feature, the offeror shall take a screen shot of the “Drop Off Completed” screen and email it to Jennifer Harris, Jennifer.l.harris194.civ@mail.mil. The one-time submission code must be used to submit a proposal for this solicitation. Bidders with a CAC card may not submit a proposal on their own without a one-time submission code provided by the Government for tracking purposes. Submissions via the DoD Safe Site are limited to 8.0 GB. If your proposal is larger than 8.0 GB then you will need to request additional codes.
L.2.2.5 Proposal Modifications vs Proposal Revisions
Proposal modification is a change made to a proposal before the solicitations closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Procuring Contracting Officer (PCO) as the result of negotiations.
L.2.2.5.1 Offerors may submit proposal modifications at any time before the solicitation closing date and time as permitted by the Federal Acquisition Regulations.
L.2.2.5.2 Offerors may submit proposal revisions only if requested or allowed by the PCO.
L.2.3 Single Proposal Submission
FAR 52.212-1 is tailored to remove subparagraph (e) which does not apply to this solicitation. Offerors are limited to submitting one proposal with one approach to meeting all the requirements of this solicitation. Proposals that contain alternative terms and conditions may be considered as taking exception to the requirements of the solicitation. See Section M.2. An offeror is defines as an entity competing independently that does not share a common parent, does not have a parent/subsidiary relationship with any other offeror, and is not affiliated with any offeror (as defined in Federal Acquisition Regulation (FAR) 19.101).
L.2.4 Organizational Conflict of Interest
L.2.4.1 The provisions of FAR 9.5, Organizational Conflict of Interest (OCI), apply to any award under this Request for Proposal (RFP). Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage.
L.2.4.2 Offerors shall disclose any potential OCI situations to the PCO as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.
L.2.5 Restriction On Disclosure and Use of Data.
Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:
L.2.5.1 Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Governments right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
L.2.5.2 Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
L.3 Evaluation Factors: Offeror proposals shall address the following three Factors:
a. Past Performance Factor
b. Price Factor
c. Small Business Participation Factor
L.3.1 Volume 1 Past Performance
L.3.1.1 For the Past Performance Factor, provide information for a total of up to three recent and relevant contracts performed by the offeror as the prime contractor. These may include foreign, federal, state, local and private industry contracts. The burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance volume. The Government does not assume the duty to search for data to cure problems it finds in proposals. While the Government may elect to consider data obtained from internal and external sources other than the proposal, the burden to provide thorough and complete past performance information rests with the offeror. The below instructions are provided to advise offerors as to the information required by the Government to assess the contractor’s Recent and Relevant past performance. Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner.
Failure to provide the information requested under paragraph L.3.1.2 and L.3.1.3 (if applicable) below may result in an assessment that the offeror does not possess a record of Recent and Relevant past performance.
(a) For the purpose of this Factor, a Contract is defined as written instrument that requires the performance of a distinct effort and demonstrates the distinct effort was actually performed. Written instruments containing supplies or services that can be ordered but typically do not demonstrate actual performance, such as Indefinite Delivery Contracts (FAR 16.5), Basic Ordering Agreements (BOA), Blanket Purchase Agreements (BPA) and Federal Supply Schedules (FSS) do not meet the definition of a Contract. Written instruments considered to demonstrate actual performance may include a single task or delivery order, a single work directive, or a single definite quantity contract provided it demonstrates a distinct effort was actually performed. An offeror may submit, or the Government may require, written instruments that enhance the Government’s understanding of the distinct effort actually performed if it is not identified on the Contract itself. It is incumbent upon the offeror to demonstrate that a distinct effort was actually performed.
(b) Recent Contracts are those performed within 3 years of the date of issuance of this RFP.
(c) Relevant Contracts are those comparable in scope, magnitude of effort, and complexity to the following statement of work requirements:
i. . System trouble shooting includes complex systems and subsystems on vessels comparable in size to the
Army Watercraft Systems Landing Craft Utility (LCU) 2000 or the Logistic Support Vessel (LSV). Scope of Work paragraph C.1.0.2 provides examples of complex systems and subsystems.
ii. Ship repair to include structural and machinery repairs on complex systems. Ship repair work shall be on vessels comparable in size to the Army Watercraft Systems Landing Craft Utility (LCU) 2000 or the Logistic Support Vessel (LSV). Scope of Work paragraph C.1.0.2 provides examples of complex systems and subsystems
L.3.1.2 Contract Information: Refer to the definition of a Contract above (L.3.1.1.a). The offeror’s proposal shall substantiate what distinct effort was required and actually performed under each of the proposed Contract(s). For each Contract(s) submitted provide the following information:
(a) Prime Contractor name and address;
(b) Contract Number (and delivery/task order number if applicable);
(c) Contractor’s CAGE Code;
(d) Contract Type;
(e) Total Value of the Contract (beginning & ending value);
(f) Delivery or Performance Schedule;
(g) Government or private industry contracting activity address, telephone number and e-mail;
(h) Procuring Contracting Officers (PCO) and/or Contract Specialist’s name, or point of contact for private industry entity responsible for signing or administering the Contract, telephone number and e-mail;
(i) Government (DCMA) or private industry administrative contracting officer (ACO), contracting officers representative (COR), performance certifier, and/or quality assurance representative (QAR), name, telephone number and email;
(j) Specify the Government or Contractor Point(s) of Contact for which the Questionnaire was sent, and provide the date(s) it was sent.
(k) A description of the work performed by the offeror, which shall include a narrative describing the similarities between (1) the relevant work performed under the statement of work requirements of the offeror’s cited Contract(s) and (2) the statement of work requirements identified in L.3.1.1(c). In its narrative, the offeror shall specify the location in the cited Contract’s statement of work (to include paragraph and page number) that substantiates the relevant work performed;
(l) Contract period of performance;
(m) Provide a brief self-assessment of Contract performance. The self-assessment must address performance to meet Technical and Schedule requirements within the price of the contract; and
(n) Copy of the complete Performance Work Statement or Scope of Work for each of the submitted Contracts. If the proposed Contract was issued under or in connection with a related written instrument (e.g. Indefinite Delivery Contracts, BOA, BPA, FSS) and the details of the distinct effort actually performed needed to establish relevancy on the proposed Contract are further defined within the terms and conditions (e.g.
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