I.B.1.__Comb_S-S_Atch_03_ITG_Provisions_and_Clauses_FINAL _06_June_16.pdf

Attachment 03

Combined Synopsis/Solicitation

For

U.S. Army Office of the Assistant Chief of Staff, Installation Management (OACSIM)

Information Technology (IT) Governance Services

W9124J-16-R-ITGN

Clauses and Provisions

ADDENDUM TO FAR 52.212-4: CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

52.203-3 Gratuities APR 1984

52.203-12 Limitation on Payments to Influence Certain Federal OCT 2010

Transactions

52.203-16 Preventing Personal Conflicts of Interest DEC 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014

To Inform Employees of Whistleblower Rights

52.204-4 Printed or Copied Double Sided on Postconsumer Fiber MAY 2011

Content Paper

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract OCT 2015

Award

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.209-6 Protecting the Governments Interest When Subcontracting with OCT 2015

Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015

52.212-4 Contract Terms and Conditions—Commercial Items MAY 2015

52.215-1 Instructions to Offerors—Competitive Acquisition JAN 2004

52.217-5 Evaluation of Options JUL 1990

52.219-6 Notice of Total Small Business Set-Aside NOV 2011

52.219-14 Limitations on Subcontracting NOV 2011

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned DEC 2015

Small Business Concerns Eligible Under the Women-Owned

Small Business Program

52.222-3 Convict Labor JUN 2003

52.223-18 Encouraging Contractor Polices to Ban Text Messaging While AUG 2011

Driving

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015

Activities or Transactions Relating to Iran--Representations and Certifications

52.232-33 Payment by Electronic Funds Transfer-System for Award JUL 2013

Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer’s Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials

252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011

Officials

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Alt A Alternate A, System for Award Management FEB 2014

252.204-7008 Compliance with Safeguarding Covered Defense Information DEC 2015

Controls

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled by OCT 2015

The Government of a Country that is a State Sponsor of Terrorism

252.222.7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012

Reports

252.232-7007 Limitation of Government’s Obligation APR 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustments DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

The following clauses/provisions are incorporated by Full Text in combined synopsis/solicitation W9124J-16-R-

ITGN

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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;

https://www.acquisition.gov/

(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.

(c) 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.

(d) 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 preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) 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.

(g) 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.

(h) 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.

(i) 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 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) 697/2197, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to 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) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

“DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address.

The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR

Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and

Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-

866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the

Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://fedgov.dnb.com/webform

(l) 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 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 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 FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

A. SOLICITATION/PROPOSAL REQUIREMENTS-Instructions, Conditions, and Notices to Offerors

1. Proposal Submittal and Inquiries.

a. The solicitation (up to and including this and any future solicitation amendments, if any) will constitute to the

Offeror's complete "proposal" for the subject services and shall be submitted NOT LATER THAN 12:00 P.M.

(noon) CENTRAL DAYLIGHT TIME ON Monday, 27 June 2016.

b. All proposals will be submitted/e-mailed to both:

CONTRACT SPECIALIST: Michael Bilicki, e-mail: michael.t.bilicki.civ@mail.mil, 210-466-2205

CONTRACTING OFFICER: Angelic Hatcher, e-mail: angelic.m.hatcher.civ@mail.mil, 210-466-2201

2. All other inquiries for this solicitation of future amendment(s) shall be directed to

CONTRACT SPECIALIST: Michael Bilicki, e-mail: michael.t.bilicki.civ@mail.mil, 210-466-2205

CONTRACTING OFFICER: Angelic Hatcher, e-mail: angelic.m.hatcher.civ@mail.mil, 210-466-2201

Offerors shall review the solicitation and its amendments (if applicable) and submit only written questions and/or comments with the Subject Line Reference: Questions/Comments/Exceptions for OACSIM Information

Technology Governance Services, W9124J-16-R-ITGN. The deadline for the submittal of all

Questions/Comments/Exceptions is Monday, 13 June 2016 at 12:00 P.M. CDT.

3. Time for Acceptance: Unless the Offeror inserts a different period of time on the combined

Synopsis/Solicitation, the proposal shall remain valid for 90 days after the date identified in preceding paragraph.

B. General Instructions

1. The selection of a source for award purposes will be conducted utilizing FAR Part 12, “Acquisition of

Commercial Items,” in conjunction with FAR 13.5, “Test Program for Certain Commercial Items,” and procedures mailto:michael.t.bilicki.civ@mail.mil mailto:angelic.m.hatcher.civ@mail.mil mailto:michael.t.bilicki.civ@mail.mil mailto:angelic.m.hatcher.civ@mail.mil as delineated in FAR Part 15.3, “Source Selection” as authorized in FAR 12.203 and supplemented by the Defense

Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement

(AFARS). Offers will be evaluated using the criteria under Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award.”

2. Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition

Regulation (FAR), whose proposal is judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, which will represent the Lowest Priced Technical Acceptable offer.

Trade-offs between cost/price and non-cost/price factors are not permitted.

3. Noncompliance with the Request for Proposal (RFP) requirements may hamper the Government's ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

4. The submission of the documentation specified will constitute the Offeror's acceptance of the terms and conditions of the RFP and contract type.

5. It is the Government's intention to award without discussions. Offerors are encouraged to present their best technical proposal and price in their initial proposal submission. However, in accordance with FAR Part

15.306(a)(3), should discussions become necessary, the Government reserves the right to hold them.

6. Instructions outlined in paragraph C below, prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

7. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

8. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

9. Brief Explanations: The Contracting Officer will notify Offerors who are not selected for award. Upon such notification, unsuccessful offerors may request to receive a brief explanation in accordance with the requirements of

FAR 52.212-1(1).

C. Proposal Preparation Instructions

1. The Offeror’s proposal shall consist of three (3) parts:

Part I- Technical Capability

a. : Technical Competency

b. : Staffing Approach

Part II: Past Performance

Part III: Price

2. Proposal Format

a. Offerors shall submit an original electronic copy of their proposal via email.

b. Exceptions: Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in additional to those identified as evaluation factors found in Addendum to FAR Clause 52.212-2. Failure to meet any requirement in this solicitation may result in an offer being ineligible for award. Any assumption, exceptions, or deviations must be addressed and communicated to the Contracting Officer by Monday, 27 June 2016 at 12:00 P.M. (noon)(CDT), which is the closing of the solicitation.

c. All text shall be single spaced. Times New Roman or Arial font required. Text shall be a minimum font size 10 and be easily readable. All text pages shall be oriented in portrait. Landscape orientation is acceptable for tables and/or charts if required to properly present the information. Margins shall be at least 1 inch on the top and bottom and ¾ inch on the sides. The Offeror shall number each page. In the event the Offeror creates an ambiguity in their numbering, the Government may exercise its own discretion on counting pages.

d. Proposal Limitation. If the page limits are exceeded, the pages in excess of the limit shall not be evaluated.

The proposal shall not exceed the following page limits:

1. Technical Capability: 15 pages

2. Past Performance: 5 pages

3. Price: 2 pages

D. Proposal Content:

Offerors are required to complete the combined synopsis/solicitation W9124J-16-R-ITGN. Offeror shall provide pricing for all CLINs (including option periods) in Attachment 2 and submit the completed solicitation for commercial items. Failure to follow Contract Proposal preparation instructions may cause Offeror’s proposal to be deemed unacceptable by the Government.

a. Solicitation W9124J-16-R-ITGN shall be submitted fully completed and in accordance with FAR 52.215-1(b), Instruction to Offerors-Competitive Acquisition. The solicitation must contain an original signature. The Offeror shall acknowledge any amendments to the solicitation in accordance with the instructions at time of release. The

Offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

b. Complete FAR Provision 52.212-3, Alt 1-Offeror Representation and Certification-Commercial Items; 52.219-1-

Small Business Program Representations with Alternate I. The Offeror shall ensure that these provisions are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

c. In the event the Offeror will be subcontracting with another or multiple businesses, the Offeror shall certify whom the Offeror intends to subcontract with and will also certify that at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Small Business in accordance with FAR

52.219-14, Limitations on Subcontracting.

Part 1: Technical Capability: The Technical Capability portion shall be clear, concise and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offer’s proposal. Legibility, clarity and coherence are very important. Proposal will be evaluated against the technical factors defined in Addendum to

FAR Clause 52.212-2, Evaluation Factors for Award. The proposal should not simply rephrase or restate the

Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the Performance Work

Statement (including referenced publications, technical data, etc.), statements paraphrasing the PWS or parts thereof

(including applicable publications, technical data, etc), and phrases such as “standard procedures will be employed” or “well known techniques will be used” will be considered unacceptable. Offerors shall assume that the

Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal. The Offeror shall address as specifically as possible the actual methodology used for accomplishing the PWS tasks. Any assumptions, exceptions, or deviations must be addressed and communicated to the Contracting Officer no later than instructed above.

The Technical Capability portion shall be organized according to the following general outline:

--Factor 1: Technical Capability

--Subfactor 1: Technical Competency

--Subfactor 2: Staffing Approach

Subfactor 1: Technical Competency. This subfactor will evaluate the Offeror’s ability to successfully perform all contractual Information Technology Governance requirements as stated within the solicitation. The Offeror’s proposal shall demonstrate understanding of the technical and functional tasks outlined in the Performance Work

Statement (PWS).

Subfactor 2: Staffing Approach. The proposal shall clearly demonstrate the Offeror’s knowledge, years of experience, and ability to undertake the requirement as defined in the Performance Work Statement.

Part II Past Performance: The firm shall provide a maximum of three example projects performed by either the prime firm or key subcontractor (if utilized) demonstrating recent and relevant experience. Relevant experience is defined as similar in size, scope and complexity to the services identified herein. Recent experience is experience within the last three (3) years from the date of this announcement. More recent past performance shall be considered more advantageous. Past performance of the prime firm and any key subcontractor (if utilized) on any recent and relevant contracts will be determined from the Past Performance Information Retrieval System (PPIRS) and other sources as needed. PPIRS will be queried for all prime firms to assess performance risk.

Part III Price: The Offeror shall submit prices for each Contract Line Item (CLIN), and in format, as identified in

Attachment 2, CLIN schedule, of this combined synopsis/solicitation. Evaluation of price will be performed by using one or more of the price analysis techniques in FAR 15.404-1(b). While competition is anticipated for the award of this contract the Government reserves the right to require the submission of Other Than Certified Cost or

Pricing Data as deemed necessary to arrive at a fair and reasonable price.

(end of provision)

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

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

Factor 1: Technical Capability

Subfactor 1: Technical Competency

Subfactor 2: Staffing Plan

Factor 2: Past Performance

Factor 3: Price

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition

Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer.

Options. The Government will evaluate offers for award purposes by adding the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR CLAUSE 52.212-2, EVALUATION-COMMERICAL ITEM

The Government will award a contract resulting from this solicitation to 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:

Factor 1-Technical Capability. The Technical Factor evaluation provides an assessment of the Offeror’s capability to fully satisfy the Government’s minimum requirements.

Subfactor 1: Technical Competency. This subfactor will evaluate the Offeror’s ability to successfully perform all contractual Information Technology Governance requirements as stated within the solicitation. The Offeror’s proposal shall demonstrate understanding of the technical and functional tasks outlined in the Performance Work

Statement (PWS). To accomplish this, an Offeror’s proposal shall clearly meet following requirements:

i. Demonstrate relevant experience and understanding of Business Process Management methodologies, metrics and processes used to monitor and manage information technology governance/performance management.

Examples of methodologies, metrics and processes include Business Case Analysis, Information Technology

Decision Framework Analysis, development of Governance Board Charters, and Functional Requirements

Decomposition in accordance with Army Regulation 25-1, as indicated in PWS paragraphs 5.1. through 5.1.2.4.

ii. Demonstrate relevant experience and understanding of various Information Technology services, utilizing

Microsoft SharePoint, in accordance with PWS paragraphs 5.2. through 5.2.3.

iii. Demonstrate relevant experience and understanding of Performance Benchmarking/Performance Measurement services, to include the experience/utilization of the Strategic Management System, and Microsoft SharePoint, experience and utilization of the Performance Management Logical Model, and other Information Technology

Statistical Analysis in accordance with PWS paragraph 5.3. through 5.3.2.

iv. Demonstrate relevant experience and understanding of Information Technology Business Systems Analysis, Data Entry and Information Technology Task Scheduling, in accordance with PWS paragraphs 5.4. through

5.4.2.

v. Demonstrate relevant experience and understanding of Information Technology Communications Support, in accordance with PWS paragraphs 5.5. through 5.5.1.

vi. Demonstrate relevant experience and understanding of Information Technology Strategic Communications and

Outreach Reports, in accordance with Army Regulation 5-1, as indicated in PWS paragraph 5.6.

vii. Demonstrate relevant experience and understanding of Information Technology Reporting Requirements, in accordance with PWS paragraph 5.7. through 5.7.2.

Subfactor 2: Staffing Approach. In this subfactor, the Government will evaluate proposed staffing approach and personnel qualifications that support successful performance.

i. In order to effectively evaluate an Offeror’s staffing approach, the Offeror’s narrative outlining approach will be evaluated to ensure it supports successful performance.

ii. The Offeror must provide a proposed Staffing Plan (e.g. skill mix, personnel experience or qualifications and their personnel availability) to include resumes. As such, the proposal shall clearly demonstrate the required knowledge, years of experience, and certifications below:

Role Minimum Education Minimum

Experience

Business Systems

Analyst (Senior)

A Bachelors degree in

Information Technology, Computer Science, or

Business Management

Five (5) years technical experience in IT Audit, IT

Compliance or IT Security and five (5) years of documented work history/experience in IT

Governance and Performance

Management

Business Systems

Analyst

(Intermediate)

A Bachelors degree in

Information Technology, Computer Science, or

Management

Five (5) years technical experience IT Audit, IT

Compliance or IT Security and three (3) years of documented work history/experience in IT

Governance and Performance

Management

*The Contractor’s firm and personnel assigned to work these contract tasks shall have previous and/or current working experience with IT Governance business policies, practices, and procedures.

*The Contractor shall furnish qualified and/or certified personnel, and efficiently manage the number of personnel supporting this contract to maximize efficiencies in work accomplishment under the contract.

*The Contractor shall ensure that its personnel are qualified to perform their assigned tasks at the beginning of the period of performance

Technical Factors will receive one of the adjectival ratings defined below. The subfactor ratings will be used to determine an overall rating for the factor. To receive a rating of Acceptable, all subfactors must receive a rating of

Acceptable.

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Factor 2-Past Performance: The Past Performance evaluation will assess the offeror’s probability of meeting the solicitation’s requirements as indicated by that offeror’s record of past performance. Past performance is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is recent and relevant to the services being procured under this solicitation. Offerors are advised the Government will utilize data in the offeror’s proposal and data obtained from other sources (i.e. Past Performance Information

Retrieval System (PPIRS)) to determine the relevancy and recency of past performance.

The past performance factor will be assigned one of the rating defined below:

Table A-2. Past Performance Acceptable/Unacceptable Ratings

Rating Description

Acceptable Based upon the offeror’s performance record, the

Government has a reasonable expectation the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based upon the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 3-Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques, the Government will determine whether prices are fair and reasonable.

If the Government is unsure of the reasonableness and/or realism of the prices, the Government reserves the right to request other than Cost or Pricing Data.

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition

Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer.

Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause

52.217-8) by adding one-half of the offeror’s final option period price to the offeror’s total price. Thus, the offeror’s total price for the purposes of evaluation will include the base period, 1st option, 2nd option and ½ f the 2nd option.

Offerors are not required to enter a price for the six month period.

(end of provision)

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (NOV

2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

http://www.acquisition.gov/

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic

Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation

(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned…