W900KK-19-R-0015_TSOMIS_II_5-9-19_Amendment_3_Final.docx

W900KK-19-R-0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 28-May-2019 03:00 PM to 30-May-2019 03:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 1024

The contract type has changed from FFP to CPFF.

The pricing detail quantity 4.00 has been deleted.

The unit of issue has changed from Quarter (Time) to Lot.

Lot

COCOM and OPFOR

CPFF

Year 1 COCOM and OPFOR (SME Support labor) FOB: Destination

PSC CD: J019

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 1043

The contract type has changed from FFP to COST.

The pricing detail quantity 1.00 has been deleted.

Lot

Licenses

COST

Year 1 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 2024

The pricing detail quantity 4.00 has been deleted.

The unit of issue Lot has been added.

Lot

COCOM and OPFOR

Year 2 COCOM and OPFOR (SME Support labor)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 2043

The pricing detail quantity 1.00 has been deleted.

Lot

Licenses

Year 2 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 3024

The pricing detail quantity 4.00 has been deleted.

The unit of issue Lot has been added.

Lot

COCOM and OPFOR

Year 3 COCOM and OPFOR (SME Support labor)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 3043

The pricing detail quantity 1.00 has been deleted.

Lot

Licenses

Year 3 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 4024

The pricing detail quantity 4.00 has been deleted.

The unit of issue Lot has been added.

Lot

COCOM and OPFOR

Year 4 COCOM and OPFOR (SME Support labor)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 4043

The pricing detail quantity 1.00 has been deleted.

Lot

Licenses

Year 4 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 5024

The pricing detail quantity 4.00 has been deleted.

The unit of issue Lot has been added.

Lot

COCOM and OPFOR

Year 5 COCOM and OPFOR (SME Support labor)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 5043

The pricing detail quantity 1.00 has been deleted.

Lot

Licenses

Year 5 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 6024

The pricing detail quantity 4.00 has been deleted.

The unit of issue Lot has been added.

Lot

CPFF

Year 6 COCOM and OPFOR (SME Support labor)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 6043

The pricing detail quantity 1.00 has been deleted.

Lot

COST

Year 6 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 7024

The pricing detail quantity 4.00 has been deleted.

The unit of issue Lot has been added.

Lot

CPFF

Year 7 COCOM and OPFOR (SME Support labor)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 7043

The pricing detail quantity 1.00 has been deleted.

Lot

COST

Year 7 - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 8024

The pricing detail quantity 2.00 has been deleted.

The unit of issue has changed from Quarter (Time) to Lot.

Lot

CPFF

COCOM and OPFOR (SME Support labor) FAR 52.217-8 Option to Extend Services

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 8043

The pricing detail quantity 1.00 has been deleted.

Lot

COST

FAR 52.217-8 Option to Extend Services - One year license for ITF, NEST, A-NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

CLIN 1045 is added as follows:

Lot

Consumables and POL

Year 1 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 2045 is added as follows:

Lot

Consumables and POL

Year 2 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 3045 is added as follows:

Lot

Consumables and POL

Year 3 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 4045 is added as follows:

Lot

Consumables and POL

Year 4 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 5045 is added as follows:

Lot

Consumables and POL

Year 5 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 6045 is added as follows:

Lot

CPFF

Year 6 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 7045 is added as follows:

Lot

CPFF

Year 7 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN 8045 is added as follows:

Lot

CPFF

Year 7 - Systems include ITF, NEST, GAMB, Giraffe G-75, WCCJ, CICADA, E-CST, L-CST, MCNITR, EWOC, and ASET IV.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 1045:

The following Acceptance/Inspection Schedule was added for CLIN 2045:

The following Acceptance/Inspection Schedule was added for CLIN 3045:

The following Acceptance/Inspection Schedule was added for CLIN 4045:

The following Acceptance/Inspection Schedule was added for CLIN 5045:

The following Acceptance/Inspection Schedule was added for CLIN 6045:

The following Acceptance/Inspection Schedule was added for CLIN 7045:

The following Acceptance/Inspection Schedule was added for CLIN 8045:

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule for CLIN 1045 has been added:

POP 20-NOV-2019 TO

19-NOV-2020

The following Delivery Schedule for CLIN 2045 has been added:

POP 20-NOV-2020 TO

19-NOV-2021

The following Delivery Schedule for CLIN 3045 has been added:

POP 20-NOV-2021 TO

19-NOV-2022

The following Delivery Schedule for CLIN 4045 has been added:

POP 20-NOV-2022 TO

19-NOV-2023

The following Delivery Schedule for CLIN 5045 has been added:

POP 20-NOV-2023 TO

19-NOV-2024

The following Delivery Schedule for CLIN 6045 has been added:

POP 20-NOV-2024 TO

19-NOV-2025

The following Delivery Schedule for CLIN 7045 has been added:

POP 20-NOV-2025 TO

19-NOV-2026

The following Delivery Schedule for CLIN 8045 has been added:

POP 20-NOV-2026 TO

19-MAY-2027

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019-O0003) (JAN 2019)

(a) Definitions. As used in this clause— “HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award; as is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

__ Offeror elects to waive the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (d) of this clause.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2018-O0018) (AUG 2018)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause - “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The Offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its unique entity identifier, and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, indicating -

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact—

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through—

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if--

(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or

(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.

(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.

(15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract.

(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided—

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan.

(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with—

(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian Tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports.

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan.

(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

(ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

(iii) The authority to acknowledge receipt or reject the ISR resides—

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans—

(A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts.

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis.

(C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $700,000 (over $1.5 million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors.

(D) The consolidated SSR shall be submitted annually for the twelve month period ending September 30. The report is due 30 days after the close of each reporting period.

(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated.

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract.

(ii) Reports submitted under a commercial plan—

(A) The report shall include all subcontract awards under the commercial plan in effect during the Government’s fiscal year.

(B) The report shall be submitted annually, within thirty days after the end of the Government’s fiscal year.

(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received.

(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan.

252.215-7998 PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING PROCESSES (DEVIATION 2019-O0008) (APR 2019)

(a) Section 890 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) as implemented under Class Deviation 2019-O0008, Section 890 Pilot Program to Accelerate Contracting and Pricing Processes, authorizes DoD to implement a pilot program for contracts in excess of $50,000,000 (excluding those that are a part of a major defense acquisition program, as defined at 10 U.S.C. 2430) to—

(1) Permit price reasonableness determinations to be based on actual cost and pricing data for purchases of the same or similar products for the DoD; and

(2) Reduce the cost and pricing data to be submitted in accordance with 10 U.S.C. 2306a.

(b) As a condition of participating in this pilot program, the Contractor shall submit verifiable data documenting any savings (time and money) achieved as a result of this pilot within 3 months after award or modification of this contract.

The following have been deleted:

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS-CONDITIONS-NOTICE

1. Introduction. The offeror’s proposal shall be submitted in digital copies, as set forth below. The offeror’s proposal shall consist of five (5) volumes. The Volumes are I – Technical/Management, II – Past Performance, III – Small Business, IV –Cost/Price, and V – Solicitation, Offer and Award Documents and Certifications/Representations. Files shall not contain classified data. Offerors are cautioned that “parroting” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

Proposals for the Basic ID/IQ, and the first Task Order shall be compliant with the full solicitation requirements and instructions contained within this section. Proposal submissions for the Basic ID/IQ, and the first Task Order will be evaluated for consistencies to ensure the Offeror’s understanding of the entire TSOMIS II requirement. The Government will evaluate each proposal in accordance with this solicitation; offerors are required to comply with all requirements stated herein. Any indication that the offeror does not intend to meet all of the requirements may cause the proposal to be evaluated as non-compliant and ineligible for award.

The TSOMIS II requirement is a Full and Open Competition, to be competed among companies qualifying under NAICS 541330, with a size standard of $38,500,000.

An offeror’s submission of a proposal in response to this solicitation constitutes approval for disclosure of proprietary information contained within the proposal to non-government participants involved in the source selection. If the contractor is not willing to provide this consent, written notification to the Procuring Contracting Officer (PCO) is required no later than 15 days prior to the proposal due date.

The proposal shall be valid for 270 calendar days from date of initial proposal submission. The offeror shall insert the validity date in Block 12 of the SF 33.

All proposals must clearly and convincingly demonstrate that the Offeror has a thorough understanding of the entire requirement and associated risks, and is able, willing, and competent to devote resources necessary to meet the requirement, and has a valid and practical solution for the requirement. Statements that the prospective Offeror understands, can, or will comply with the requirements, and statements paraphrasing the requirements or parts thereof without supporting information/narrative are considered inadequate and unsatisfactory. Mere reiteration of the requirement or standard reference material is discouraged and is considered inadequate and unsatisfactory. The Offeror must include any data necessary to illustrate the adequacy of the various assumptions, approaches, and solutions to problems. In presenting material in proposals, Offerors are advised that quality of information is more important than quantity. Offerors are encouraged to use quantitative terms that convey specific meanings wherever possible and avoid the use of qualitative and subjective terms that may be ambiguous or have multiple acceptable meanings to the maximum extent practicable. Offerors are cautioned that while the Government will not evaluate every PWS requirement for the purposes of the source selection evaluation, the awardee/Contractor will be required to comply with all PWS requirements during performance of the contract. The offeror’s proposal shall describe its approach to implementing PWS requirements that are being evaluated.

The proposal should identify any unique or innovative approaches which ensure successful performance. The Government will determine that an Offeror's proposal is non-compliant, and therefore ineligible for award, if the proposal indicates that: it cannot or will not meet any of the PWS requirements; provides an approach that clearly does not meet any of the PWS requirements; or, includes data which prompts the Government to question the Offeror's compliance with any of the PWS requirements. The Source Selection Authority may reject all proposals received in response to a solicitation, if doing so is in the best interest of the Government. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

Information previously submitted to the Government should be assumed unavailable during this proposal evaluation and source selection process. Proposal data shall not be incorporated into the proposal by referring to another proposal or other source. Proposals submitted will not be returned. Alternate proposals will not be evaluated or accepted.

The portions of the successful offeror’s (Awardee’s) proposal that have merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance will be incorporated into Section C of the resulting contract and resulting Task Orders.

The Offerors shall ensure that each proposal volume submitted contains only the information relevant to that specific volume. The Offerors are cautioned that each volume of the proposal is evaluated standalone against the criteria set forth in Section M and the evaluators for one volume may be different than the evaluators of another volume. It is incumbent upon the Offerors to ensure they properly submit their proposals. If the data is not contained in the appropriate volume of the proposal, it will not be evaluated. For example, if Past Performance narratives are submitted under the Price Volume rather than the volume specified, the proposal will be evaluated as if no Past Performance narratives were submitted at all. No cost information shall be included in the Technical/Management Volume of the offerors’ proposal. The volumes will be evaluated in accordance with the Evaluation Criteria provided in Section L and M. Failure of an offeror to provide all requested proposal information may render the offeror’s proposal as non-compliant and as such, the offeror’s proposal will not be evaluated, at the sole discretion of the PCO. If determined to be non-compliant, the PCO will notify the offeror Promptly.

Solicitation Questions: All questions regarding the RFP shall be submitted in writing to the Contract Specialist and Contracting Officer, via email at Byron.E.Perez.civ@mail.mil and jean.m.borowski.civ@mail.mil, within 15 calendar days after the RFP is published. Offerors shall submit questions using RFP Section L, Attachment L1, Solicitation Question/Comment Form located in Section J. No phone inquiries regarding the RFP will be received or acknowledged. Offerors will receive an acknowledgement of their question via response to the email submission. All inquiry items will be answered via an Amendment to the RFP/Solicitation and posted to fedbizopps.gov website under the solicitation number. Answers will be posted without Offeror identification. The Government will not provide responses to questions that would reveal a potential Offeror’s confidential business strategy, technical solution, or any information that is considered unique to a particular Offeror.

In accordance with FAR Subpart 52.215-1, Instructions to Offerors – Competitive Acquisition, the Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Clarifications are not discussions. Offerors may be given the opportunity to clarify certain aspects of the proposal or resolve minor or clerical errors (see FAR 15.306(a)(1) and (2)). Clarifications shall be documented on, and conducted via transmittal of, Evaluation Notices (EN) to the applicable offeror.

Any proprietary information submitted separately for major subcontractors shall be furnished in the same format, level of detail, and submission due date as prescribed for the prime Offeror. Subcontractor proposals submitted separately are considered part of the offeror’s proposal, including the page count. If subcontractor proposals are submitted separately, directly to the PCO and are late, the entire proposal will be considered late.

2. PROPOSAL SUBMISSION REQUIREMENTS

Proposals for solicitation W900KK-19-R-0015 may be hand carried, sent by standard mail delivery through the United States Postal Services (USPS), or by a certified express vendor (i.e., - FedEx) and shall be received no later than 3:00 PM Eastern Daylight Time (local time) on 30 May 2019. The Offeror shall use the “Tracking” option for the proposal package(s).