B08_W81XWH-19-Q-0291_Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

1. Issue Date: 09/26/2019 Close Date: 10/11/2019 12:00 PM EST

2. Solicitation Number: W81XWH19Q0291

3. Requiring Activity: U.S. Army Institute of Research of Environmental Medicine (USARIEM)

4. Contracting Office: US Army Medical Research Acquisition Activity (USAMRAA) 820 Chandler Street Fort Detrick, MD 21702

5. Point of Contact: Nathaniel Reus

(301) 619-9209 Nathaniel.a.reus.civ@mail.mil

6. Subject/Description:

This is a non-personal services contract to perform an upgrade to the existing customized software, firmware system to function on a Windows 10 Professional PC, 64 bit, version 10.00.01, build# 1809 (or newer) platform for the USARIEM Hypobaric Chamber Facility located in Natick, MA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

This combined synopsis/solicitation is issued as a request for quote (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06.

This an Unrestricted procurement. The relevant NAICS code is 541511 with a small business size standard of $30M.

SOLICITATION QUESTIONS AND CLOSING DATE:

Questions should be addressed to Nathaniel Reus at Nathaniel.a.reus.civ@mail.mil and are due no later than 10:00 a.m.

Eastern Time on 3 October 2019. Answers will be posted via amendment. Questions will not be accepted by telephone. The proposal due date is 11 October 2019 at 12:00 p.m.

Please include your DUNS Number and CAGE Code with your offer.

The resulting contract is expected to be firm-fixed-price.

Offers shall be prepared in accordance with FAR 52.212-1, Instructions to Offerors as outlined this solicitation.

mailto:Nathaniel.a.reus.civ@mail.mil

W81XWH19Q0291

AMOUNT

Direct Labor

FFP

Direct labor includes engineering services and software testing for required task in accordance with the PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011369157

PSC CD: 7030

NET AMT

ODC (Other Direct Cost)

COST

ODC of all products (software and hardware) as stated in the required task to include software and hardware in accordance with the PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011369157

PSC CD: 7030

ESTIMATED COST

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 1 Job

0002 1 Job

Technical Support

FFP

Provide 1 year Technical Support on all Software for both computers in accordance with PWS FOB: Destination

PURCHASE REQUEST NUMBER:

0011369157 PSC CD: 7030

Contract Manpower Reporting

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Institute of Surgical Research via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

See Section C for guidance on Contractor Manpower Reporting requirement FOB: Destination

PURCHASE REQUEST NUMBER:

0011369157 PSC CD: 7030

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

0003 1 Job

0004 1 Job http://www.ecmra.mil/ http://www.ecmra.mil/

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-NOV-2019 TO

31-DEC-2019

N/A U.S. ARMY RESEARCH INSTITUTE OF

U.S. ARMY RESEARCH INSTITUTE OF

10 GENERAL GREEN AVENUE, BLDG 42

NATICK MA 01760

FOB: Destination

W561UG

0002 POP 01-NOV-2019 TO

31-DEC-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W561UG

0003 POP 01-JAN-2020 TO

31-DEC-2020

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W561UG

0004 POP 01-NOV-2019 TO

31-DEC-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W561UG

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.227-7000 Non-estoppel OCT 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services OCT 2016 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(b) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing.

(d) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(e) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

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

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

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

(C) If this solicitation is a request for proposals, it was the only proposal received.

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(f) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(g) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(h) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(i) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(j) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

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

ADDENDUM TO THE INSTRUCTIONS:

1.0 General Instructions and Notices:

This section provides guidance for preparation of the offer as well as specific instructions on the format and content of the offer. The Offeror’s proposal must include all data and information requested and must be submitted in accordance with these instructions. The proposal shall also be compliant with all requirements as stated in the Performance Work Statement (PWS).

The Government intends to award a single contract to a responsible Offeror after evaluation in accordance with the factors in the solicitation. This will be a firm fixed-price (FFP) award.

The Offeror shall submit documentation illustrating its approach for satisfying the requirements of this solicitation.

The proposal must be clear, coherent, and prepared in sufficient detail for effective evaluation of the Offeror’s proposal against the evaluation criteria. This documentation shall cover all aspects of this solicitation.

The Government will evaluate only one proposal from the prime Offeror. The Government will not accept alternate proposals.

All proposal information is subject to verification by the Government. Falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

Offerors must comply with FAR 52.204-7, System for Award Management. In complying with this provision, the Offeror must ensure that all representations and certifications contained in this solicitation are completed and uploaded to its SAM record at http://www.sam.gov by the date specified for receipt of proposals.

If the Offeror does not have an active SAM record or has a record that does not include all representations and certifications required in this solicitation, they may be considered ineligible for award.

Any data previously submitted in response to another solicitation to USAMRAA or another agency shall be assumed to be unavailable during this proposal evaluation and source selection process.

http://www.sam.gov/

The Government will not reimburse the Offeror for costs incurred as a result of preparation and submission of a proposal in response to this solicitation.

1.1 Size Standard

The NAICS code and small business size standard for this acquisition is 541511, with a size standard in number of employees of $30,000,000.

1.2 Point of Contact

The Contract Specialist, Nathaniel Reus, is the point of contact for this acquisition. Any questions or concerns regarding this acquisition shall be submitted electronically via email to nathaniel.a.reus.civ@mail.mil The Contracting Officer for this requirement is Jennifer C. Jackson, email: jennifer.c.jackson18.civ@mail.mil.

1.3 Questions Submissions

Questions pertaining to the solicitation requirements shall be submitted electronically no later than 3 October 2019 at 10:00 AM, to the Contract Specialist at nathaniel.a.reus.civ@mail.mil.

The Offeror shall submit one set of questions only; multiple e-mails will not be accepted. Questions not submitted electronically will not be answered. Answers to all relevant and appropriate questions will be issued via amendment to the solicitation. If other questions are discovered based on the answers received, follow-up questions will be accepted. These questions will be due 2 days after answers to the first questions are received.

1.4 Proposal Due Date: 11 October 2019 at 12:00 PM.

1.5 Submission of Offers

1. PROPOSAL CONTENT AND FORMAT INSTRUCTIONS.

The Offeror’s submission shall include two separate parts: a Non-Cost/Price proposal and a Cost/Price proposal.

a. ADMINISTRATIVE FORMAT INSTRUCTIONS:

(1) PAGE LIMITS: Non-cost/price proposals are limited to 10 single-sided pages. Pages should be numbered consecutively throughout the document and not by sections. For any sections of a proposal with a defined page limit, pages exceeding the specified limit will be removed and not forwarded for evaluation. The following sections are not subject to the 10 page limit listed above:

• Table of Contents

• Title page

• Non-Disclosure Statement (Signed statements are due, from each employee assigned, prior to performing ANY work on this task)

• Past Performance,

• Resumes and letters of intent for the Proposed Personnel

(2) FORMATTING: Proposal content shall be no smaller than Times New Roman size12 font with 1” margins. Exhibits, graphics, charts, captions, etc., shall be no smaller than size10 font.

b. NON-COST/PRICE PROPOSAL CONTENT INSTRUCTIONS The Offeror’s non-cost/price proposal shall clearly reflect the offeror’s approach to execute and comply with the performance requirements identified in the PWS, regardless of the Government’s estimated effort. The Offers non-cost/price proposal, including any supporting documentation, is to be clear and concise. The level of effort proposed must be consistent with the proposed solution outlined in the offers non-cost/price proposal. The proposal must fully document and substantiate a cross mapping of your cost/price approach as it equates to the non-cost/price proposal.

mailto:nathaniel.a.reus.civ@mail.mil mailto:jennifer.c.jackson18.civ@mail.mil mailto:nathaniel.a.reus.civ@mail.mil

The Offeror’s non-cost/price proposal shall contain the following:

(1) Technical Approach: The technical approach shall be evaluated to the degree to which the Offeror’s technical approach demonstrates:

• The Offeror’s clear understanding of all the tasks.

• Offeror’s approach and understanding specifically of the following:

o Upgrade of the computer systems to run on Windows 10 Professional platform, which includes upgrading of the HMI software and Modbus communications.

o Upgrade of the PLC CPU to an Ethernet-based PLC CPU module.

o Approach to ensure that the upgraded solution functions on a DoD provided operating system

(Windows 10 Professional, Version 10.00.01, 64 bit, Minimum Building #1809) and comply with the settings required per Defense Information Agency Security (DISA) Security Technical Implementation Guides (STIGs). Mitigation plan if certain STIG settings cannot be applied.

o Approach to provide one year warrant on PLC hardware and technical support on all software for both computers.

• The methodology and flexibility that will be used in performing the requirements.

• How the approach is likely to yield the required results within the required timeframe.

• How this creative technical approach will reduce cost, technical, or schedule risk to the Government

(2) Experience: The Offeror’s proposal will be evaluated to the degree to which the Offeror’s proposal effectively demonstrates the Offeror’s relevant experience identical to, similar to or related to performing services contained within the PWS. The proposal will be evaluated to the degree to which the offeror demonstrates experience (for this purpose, experience refers to what an Offeror has done, not how well it was accomplished) in performing proposed processes and procedures; demonstrates the amount of relevant corporate experience the Offeror possesses, as well as demonstrates the amount of relevant experience possessed by the proposed key personnel. The proposal will be evaluated to the degree to which the offeror demonstrates evidence that the organization has current capabilities for assuring performance of this requirement.; demonstrates evidence of experience of supporting subcontractors, consultants, and business partners; and demonstrates an (a) Appropriate mix and balance of education and training of key personnel and

(b) Quality and effectiveness insofar as the allocation of personnel and resources.

3) PAST PERFORMANCE; The Offeror shall submit no more than 3 references of relevant contracts within the past 3 years for its own performance. The Offeror shall also submit no more than 1 reference for each Subcontractor proposed. The contracts may be past or current as long as the performance did not end more than 3 years prior to the due date for the submission of the task order proposal, and the contracts may have been with Federal, State and/or City agencies and commercial customers.

Reference Content: It is the Offeror’s responsibility to provide valid, current and verifiable references. References must include:

Name of the Organization that will be providing the reference, Name of the POC, POC Telephone Number, POC Email address, Contract Number, Period of Performance, and Scope of Work.

c. COST/PRICE PROPOSAL CONTENT. The offeror shall provide a statement of the methodology and assumptions utilized as the basis for pricing the service. The price must be sufficiently detailed to evaluate the reasonableness for the proposed level of effort. Offeror’s shall address, at minimum the proposed level of effort in terms of hours and calculations of all direct cost factors.

(1) CONTRACTOR MANPOWER REPORTING (CMR): CMR is a requirement of DOD contracts. Offerors are allowed to include a nominal fee in their cost/price proposal for providing this data. A “nominal fee” is defined as a computation of an administrative assistant equivalent labor category providing approximately 6-8 hours to complete data input. Offerors may opt to not separately price this required annual data input. CMR costs/price will be evaluated as part of the total evaluated proposal cost/price.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(a) Basis for Award: Award will be made on a competitive best value basis, using “best value tradeoff” among cost/price and non-cost/price factors. A best value tradeoff process will be used, thus, the Government may elect to award to other than the lowest priced offeror, or other than the offeror with the highest rated non-cost/price proposal. Past Performance will be evaluated independently from the other non-cost/price evaluation factors using different standards. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. The non-cost/price evaluation factors (numbered in descending order of importance) are as follows:

(1) Technical Approach,

(2) Experience,

(3) Past Performance.

Government evaluators will not assume that the offeror possesses any capability or knowledge unless it is specified in the proposal.

After each of the above non-cost/price factors is rated individually, an overall rating will be assigned collectively to these factors. If any of the above non-cost/price evaluation factors receives an individual rating of “Unacceptable”, the collective overall rating will also be “Unacceptable”. Only proposals receiving an overall rating of “Acceptable” or higher will be considered for award.

The non-cost/price factors are more important than cost/price. As the collective non-cost factors begin to reach equality in the technical evaluation, cost becomes a more important factor in the trade off analysis.

1. Non-Cost/Price Evaluation Criteria: The following criteria will be used to evaluate the non-cost/price aspects of the proposal.

(a) Technical Approach: The technical approach shall be evaluated to the degree to which the

Offeror’s technical approach demonstrates:

• The Offeror’s clear understanding of all the tasks.

• Offeror’s approach and understanding specifically of the following:

o Upgrade of the computer systems to run on Windows 10 Professional platform, which includes upgrading of the HMI software and Modbus communications.

o Upgrade of the PLC CPU to an Ethernet-based PLC CPU module.

o Approach to ensure that the upgraded solution functions on a DoD provided operating system

(Windows 10 Professional, Version 10.00.01, 64 bit, Minimum Building #1809) and comply with the settings required per Defense Information Agency Security (DISA) Security Technical Implementation Guides (STIGs). Mitigation plan if certain STIG settings cannot be applied.

o Approach to provide one year warrant on PLC hardware and technical support on all software for both computers.

• The methodology and flexibility that will be used in performing the requirements.

• How the approach is likely to yield the required results within the required timeframe.

• How this creative technical approach will reduce cost, technical, or schedule risk to the Government

(b) Experience: The Offeror’s proposal will be evaluated to the degree to which the Offeror’s proposal effectively demonstrates the Offeror’s relevant experience identical to, similar to or related to performing services contained within the PWS. The proposal will be evaluated to the degree to which the offeror demonstrates experience (for this purpose, experience refers to what an Offeror has done, not how well it was accomplished) in performing proposed processes and procedures; demonstrates the amount of relevant corporate experience the Offeror possesses, as well as demonstrates the amount of relevant experience possessed by the proposed key personnel. The proposal will be evaluated to the degree to which the offeror demonstrates evidence that the organization has current capabilities for assuring performance of this requirement.; demonstrates evidence of experience of supporting subcontractors, consultants, and business partners; and demonstrates an (a) Appropriate mix and balance of education and training of key personnel and Quality and effectiveness insofar as the allocation of personnel and resources.

(c) Past Performance: The Government will conduct a Past Performance evaluation of the Offerors Past Performance as well as that of its subcontractors. Past Performance consists of two aspects for evaluation, past performance relevancy and performance confidence; thus, the Offeror will be assigned two ratings for past performance. First, the Government will evaluate the Offeror’s past performance references to determine how relevant a recent effort accomplished by the Offeror is to the requirement to be acquired through this source selection. Common aspects of relevance include similarity of service/support, complexity, magnitude of effort, dollar value, and contract type. Second, the Government will evaluate the Offeror’s past performance references to determine the quality of work performed and assess the level of expectation that the Offeror can successfully perform the required effort.

2. Cost/Price: Cost/price will be evaluated separately from non-price and past performance factors. A price analysis will be performed in order to evaluate the fairness and reasonableness of the proposed price. The proposed price will be evaluated to ascertain consistency with the level of effort described in the offeror’s technical proposal.

As the collective non-cost factors begin to reach equality in the technical evaluation, cost becomes a more important factor in the trade off analysis.

a. Rating Standards for the Non Cost/Price Proposal

Rating Standards for the Non Cost/Price Proposal (Excluding Past Performance)

Rating Description

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses.

Risk of unsuccessful performance is low.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on CONTRACT performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on CONTRACT performance. Risk of unsuccessful performance is no worse than moderate.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies.

Proposal is not awardable.

b. Best Value Tradeoff Evaluation Standard Definitions

Clarifications Limited exchanges between the Government and Offerors that may occur when award without discussions is contemplated.

Communications Exchanges, between the Government and Offerors, after receipt of proposals, leading to establishment of the competitive range.

Deficiency A material failure of a proposal to meet a Government requirement or a combination of significant weakness in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001

Discussions Negotiations conducted in a competitive acquisition. Discussions take place after establishment of the competitive range.

Performance Confidence Assessment

An evaluation of the likelihood (or Government’s confidence that the Offeror will successfully perform the solicitation’s requirements; the evaluation is based upon past performance information.

Recency As it pertains to past performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.

Relevancy As it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

Risk The potential for unsuccessful contractor performance. The consideration of risk assesses the degree to which an Offeror’s proposed approach to achieving the technical factor or subfactor may involve risk of disruption of schedule, increased cost (not applicable to firm-fixed price contracts) for degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

Significant Strength A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

Significant Weakness A flaw that appreciably increases the risk of unsuccessful contract performance.

See FAR 15.001.

Strength An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness A flaw the proposal that increases the risk of unsuccessful contract performance.

See FAR 15.001.

i. Past Performance Confidence Rating Standards for the Non Cost/Price Proposal

Rating Description

Substantial Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror shall successfully perform the required effort.

Substantial Confidence record, the Government has a reasonable expectation that the Offeror shall successfully perform the required effort.

Limited Confidence record, the Government has a low expectation that the Offer shall successfully perform the required effort.

No Confidence record, the Government has no expectation that the Offeror shall successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

j. Past Performance Relevancy Rating Standards for the Non Cost/Price Proposal

Rating Definition

Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109- 282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

X (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

X (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

X (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under…