Atch03-CombS-SProvisionsandClauses-25Feb16.pdf

Attachment 03

Combined Synopsis/Solicitation

For

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

Technical Engineering and Professional Services

W9124J-16-R-TEPS

Clauses and Provisions

a. The following Clauses/Provisions are incorporated by reference in combined synopsis/solicitation W9124J-16-

R-TEPS

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

52.204-13 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

52.212-4 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

52.223-6 Drug-Free Workplace MAY 2001

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

Activities or Transactions Relating to Iran--Representations and Certifications

52.232-23 Assignment of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors

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

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

R-TEPS

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;

(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 https://www.acquisition.gov/

(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).

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ 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.

(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.

https://assist.dla.mil/wizard/index.cfm http://fedgov.dnb.com/webform

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 STANDARD TIME ON Friday, 11 March 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, 210-466-2204

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, 210-466-2204

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 Technical Engineering and Professional Services, W9124J-16-R-TEPS. The deadline for the submittal of all

Questions/Comments/Exceptions is Tuesday, 1 March 2016 at 12:00 P.M. CST.

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 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.

mailto:michael.t.bilicki.civ@mail.mil mailto:angelic.m.hatcher.civ@mail.mil mailto:angelic.m.hatcher.civ@mail.mil

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 four (4) volumes:

Volume I- General

Volume II- Technical Capability

Volume III-Past Performance

Volume IV: Price

2. Proposal Format

a. Offerors shall submit an original copy in accordance with paragraph (c) of their proposal via email as outline above in paragraph A.

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 Friday, 11 March 2016 at 12:00 P.M. (noon)(CST), which is prior to the closing of the solicitation. If the Offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify the applicable exceptions(s) with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any, and its impact, if any, on the performance, schedule, price and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken.

Offerors are cautioned that taking an exception without prior approval from the Contracting Officer may render the offer ineligible for award.

Table 1-Solicitation Exceptions

Solicitation Document Page/Paragraph Requirement/Portion Rationale and Impact

Solicitation (blocks 1-13), PWS/SOO/SOW, Addendum to Clauses

52.212-1 and 52.212-2, etc.

Applicable Page and

Paragraph Numbers

Identify the requirement or portion to which exception is taken

Describe the rationale and impact of the exception

c. The proposals shall be organized into four (4) volumes:

Volume I: General

Volume II: Technical Capability

Volume III: Past Performance

Volume IV: Price

d. All text shall be single spaced and printed black on white paper. Black and white requirement does not apply to graphics, photos, Company stationary and logos. Times New Roman or Arial font required. Text shall be a minimum font size 10 and be easily readable. Cross-references (if necessary) should be utilized to preclude unnecessary duplication of data between sections. Page numbers, headers and footers may be outside the page margins and are not bound by the 10 font size, but shall be no smaller than 8-point. Additionally, fonts as small as

8-point can also be used in tables, charts, graphs, and figures as well as sued in callout boxes and figure captions, but must be easily readable. Each paragraph shall be separated by at least one blank line. 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.

e. 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:

Table 2: Proposal Page Length Limitations

Volume Title Page Limits

I General N/A

II Technical Capability 20 (excluding resumes)

III Past Performance 10

IV Price N/A

Page limits includes all appendices, charts, graphs, diagrams, tables, photographs, drawing, and other information provided in the proposal. See table above regarding exclusion of resumes.

D. Proposal Content:

1. Volume I-General: Offerors are required to complete the combined synopsis/solicitation W9124J-16-R-TEPS.

Offeror shall provide pricing for all CLINs (including option years) in Attachment 2 and submit the completed solicitation for commercial items (including written acknowledgment of Amendments). Failure to follow Contract

Proposal preparation instructions may cause Offeror’s proposal to be deemed unacceptable by the Government.

a. Solicitation W9124J-16-R-TEPS shall be submitted fully completed and in accordance with FAR 52.215-1(b), Instruction to Offerors-Competitive Acquisition and Addendum to Clause 52.212-1. 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; and 52.222-22-Previous Contract and Compliance

Reports. 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 is a joint venture, the Offeror shall provide a copy of the joint venture agreement (JVA) signed by all partners. The JVA shall specify the rights and responsibilities of each partner and shall identify the managing partner. In addition, the Offeror shall provide a summary narrative that specifically delineates what each partner will do in regard to performing the contract. The responsibilities of a managing partner are significantly more important than responsibility of all other partners combined.

d. 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.

e. In accordance with FAR 9.504(a) and PWS paragraph 1.6.20 Offerors shall address in proposal submission any potential Organizational Conflict of Interest (OCI) concerns. Offerors shall submit an OCI Mitigation Plan outlining the offeror’s plan to avoid and mitigate potential or current OCI’s that may arise as a result of providing TEPS support services.

2. Volume II-Technical Capability (Factor 1): The Technical Capability Volume 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 Volume shall be organized according to the following general outline:

--Table of Contents

--Factor 1: Technical Capability

--Subfactor 1: Technical Competency

--Subfactor 2: Staffing Approach/Key Personnel Qualifications

--Subfactor 3: Quality Control Approach

a. Technical Competency (Subfactor 1): This subfactor will evaluate the Offeror’s ability to successfully perform all contractual 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 at a minimum clearly meet ALL of the following requirements:

i. Offeror’s proposal shall demonstrate relevant experience and understanding of the Accompanied and

Unaccompanied Master Plans to include subject matter expertise on development of Army Family

Housing/Unaccompanied Housing Master Plans; on site housing and barracks condition assessments; and analysis of inventory databases (RPLANS, HQIIS, ISR and eMH) in accordance with PWS Paragraphs 5.1.0-5.1.5. To accomplish this, an Offeror’s proposal shall at a minimum clearly meet ALL of the following requirements:

(1) AFH/UH Master Planning (5.1.1): Demonstrate ability to understand, extract, analyze and assemble data from multiple systems into a comprehensive plan that follows current policy.

(2) Inventory analysis (5.1.2): Demonstrate ability observe, inspect, assess condition, identify condition, measure adequacy against established standards, and compare data across various databases to analyze date for errors, anomalies and changes.

(3) Facility condition assessment (5.1.2): Demonstrate ability to observe, inspect, assess condition, identify and recommend capital improvement requirements; identify and develop Current Replacement Value (CRV).

Ability to identify Facility Condition Index (FCI) and identify course of action needed to maintain an acceptable level of maintenance standards to achieve normal facility life expectancy.

(4) Analysis of inventory databases (5.1.3, 5.1.4): Demonstrate ability to understand and extract data from multiple systems and appropriately depict data using spreadsheets. Ability to understand modeling processes, how algorithms affect models, data elements and data sets, and the ability to provide recommended solutions sets. Ability to write and develop queries, generate formulas, apply algorithms and leverage application functions to execute scenarios, complete comparative analysis and build applicable datasets.

ii. Offeror’s proposal shall demonstrate relevant experience and understanding of the Independent Housing

Review Analysis (IHRA) to include life-cycle economic analysis to evaluate Army Owned, Army-leased or

Privatized Housing and Barracks projects and conducting on-site housing and barracks condition assessments in accordance with PWS paragraphs 5.2.0 – 5.2.2. To accomplish this, an Offeror’s proposal shall at a minimum clearly meet the following requirement:

(1) Life-cycle analysis (5.2.1): Demonstrate ability to understand and extract data from multiple systems and utilizing the government provided ECONPACK software or other commercial software that develops life-cycle analysis – appropriately enter data, to reflect housing systems/components, life expectancies and replacement schedules and provide Facilities Engineer reports.

iii. Offeror’s proposal shall demonstrate relevant experience and understanding of the Program Objective

Memoranda (POM), Budget Estimate Submission requirement to include housing budget development and

Planning, Programing, Budget and Execution (PPBE) processes; Housing facility investment programs; and, preparation of the annual President’s budget submission; conducting facility engineering reviews of housing and barracks condition assessments and the development of life-cycle economic analysis models in accordance with

PWS paragraph 5.3.0 - 5.3.1 To accomplish this, an Offeror’s proposal shall at a minimum clearly meet the following requirement:

(1) Life-cycle analysis (5.3.1): Demonstrate ability to understand and extract data from multiple systems and utilizing the government provided ECONPACK software or other commercial software that develops life-cycle analysis – appropriately enter data, to reflect housing systems/components, life expectancies and replacement schedules formatted for POM budget exhibits.

iv. Offeror’s proposal shall demonstrate relevant experience analyzing DD1391s, industry trends for Green

Building Construction, industry EPA and Construction standards, and Housing life cycle economic analysis in accordance with PWS Paragraph 5.4.0 – 5.4.3. To accomplish this, an Offeror’s proposal shall at a minimum clearly meet ALL of the following requirements:

(1) Analyze DD1931 (5.4.1): Demonstrate ability to analyze DD1391 form, review data elements are accurately identified in the form, and evaluate that data provided supports the level of maintenance, repair, or construction requested in the form.

(2) Green Building, Energy & Construction Standards (5.4.2): Demonstrate ability to research, identify state of the art industry data on Green building, Energy, Efficiency and Sustainability technology, and provide analysis as it relates to existing and future housing inventory. Ability to quantify, energy system performance, life cycle cost economics and emissions reduction potential.

(3) Energy and Construction Standards (5.4.3): Demonstrate ability to research, identify state of the art industry data on energy, construction and conservation standards, and provide analysis as it relates to existing and future housing inventory. Ability to identify, quantify and optimize energy savings opportunities in building design and existing facilities.

b. Staffing Approach/Key Personnel Qualifications (Subfactor 2) In this subfactor, the Government will evaluate proposed staffing approach and key 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. If the approach contains cross utilization of Key

Personnel, the Offeror shall provide a clear explanation (to include the identification of the labor category) which demonstrates how the use of this approach will not compromise the completion of the contract tasks.

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

Table 3: Key Personnel Qualifications

Role Minimum Education Minimum Experience Minimum

Certifications

Senior

Analyst/Engineer/Program

Manager (Engineer IV)

Master’s Degree in

Engineering

Requires at least ten

(10) years of experience in facilities engineering, master planning and database management.

Individual will functions as the senior manager directing the

Engineering Program

Must be (1) a

Registered

Professional Engineer, and (2) Either Energy

Manager certified, or, Leadership in Energy and Environmental

Design (LEED) certified

Senior Analyst/Engineer

(Engineer III)

Bachelor’s Degree in

Engineering

Requires at least six

(6) years energy systems experience in the home building industry, to include building energy systems, energy analysis, thermal science, energy modeling software, building energy codes, green building rating systems and

ASHRAE standards

Either Leadership in

Energy &

Environmental Design or Energy Manager certified.

Senior Analyst (Analyst III) Master’s Degree in a

Business-related field

Requires at least six

(6) years experience in economic and statistical data analysis, production methods, inventory and cost analysis, and development of economic programs

N/A

--The Contractor’s firm and the key personnel assigned to work these contract tasks shall have previous and/or current working experience with DoD real property lifecycle business policies, practices, and procedures. The work associated with this contract is highly complex in nature. The Contractor shall assign a Senior Program

Manager to oversee the work execution.

--An emergency notification list shall be maintained for all key Contractor personnel and made available to the

COR and PM.

--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

iii. Subcontract Management Plan – If a subcontractor arrangement exists, Offeror’s are required to provide a

Subcontract Management Plan. The Subcontract Management Plan shall identify the contractor to subcontractor business relationship employed to successfully accomplish all tasks and deliverables stated within the PWS. The Subcontract Management Plan shall identify the name of the subcontractors, and the responsibility that each subcontractor will have in the accomplishment of the PWS.

c. Quality Control Approach (Subfactor 3): To be acceptable, the Offeror’s quality control approach shall address in detail each of the following:

i. How the Offeror will monitor the performance of the contract tasks;

ii. Offeror’s internal quality inspection process of deliverables prior to submission to COR to ensure correctness and timeliness;

iii. How the Offeror intends to meet the deliverables schedule outlined in Technical Exhibit 2 including a separate schedule that chronologically depicts the 1st years deliverables in calendar format.

iv. How the Offeror will correct any deficiencies identified by internal reviews or by COR.

3. Volume III: Past Performance (Factor 2):

a. Past Performance information described herein is required on the Offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform any portion of the proposed effort based on the total proposed price. The Offeror shall submit, along with the information required in this section, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the Offeror so the Offeror can respond to such information. For each identified effort for a commercial customer, the Offeror shall also submit a client authorization letter, authorizing release of adverse past performance information to the Offeror so the Offeror can respond to such information. For each identified effort for a commercial customer, the Offeror shall also submit a client authorization letter, authorizing release to the

Government of requested information on the Offeror’s performance.

b. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the Offeror’s Past Performance portion and information obtained from other sources, such as the Past

Performance Information Retrieval System (PPIRS) or similar systems, Defense Contract Management Agency

(DCMA), and commercial sources.

c. The Offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. Please refer to Addendum to FAR Clause 52.212-2 as to what the

Government defines as recent and relevant past performance. The past performance data shall document a successful history of past contract performance. To illustrate the Offeror’s past performance, the following documentation shall be submitted:

d. The Offeror shall provide documentation outlining the Offeror’s past performance with contracts, as a prime or major subcontractor, which or the same or similar in nature, size, and complexity to the services being procured under this combined synopsis/solicitation with a specific emphasis in experience in life cycle cost analysis, housing and barracks condition assessments, development of master plans, inventory database analysis and review.

e. The submittal shall include rationale on how it was determined that the work performed previously was the same or similar in nature, size and complexity to the work specified by this combined synopsis/solicitation. Non-

Government contracts may be used if Government contracts are not available. The documentation shall be submitted in the following format:

--Contract Number, Award Date and Contract Type

--Price/Cost-original awarded AND final (or projected final, if the contract is current)

--Delivery Schedule-original AND final (or projected final, if the contract is current)

--Address and telephone number for the Government (or commercial) procuring contracting agency AND contract administrative activity (if applicable)

--Name, telephone number and e-mail address for the following:

--Procuring Contracting Officer (PCO)

--Administering Contracting Officer (ACO)

--Government or commercial technical representative or Contracting Officer Representative (COR)

--Identify in specific detail for each contract listed, why or how you consider that effort relevant or similar to the effort required by this solicitation. In determining relevancy, consideration should be given but not limited to such things as product/service similarity, product/service size and complexity, contract type, contract environment, division of company proposing and subcontractor interaction

--A narrative explanation on each contract listed describing the objectives achieved and the following data; any cost growth or schedule delays encountered. For any Government contracts which did not/do not meet original requirements with regard to cost, schedule or technical performance, a brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid recurrence.

--A copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the Offeror or proposed subcontractor.

--The contractor shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary.

f. For the contracts identified in paragraph (3)(e) above, the Offeror shall forward a copy of the Past Performance

Questionnaire (see Attachment 4) to the points of contract responsible for monitoring performance under such contracts. These questionnaires shall be returned directly to Mr. Michael Bilicki via e-mail at michael.t.bilicki.civ@mail.mil. Any questionnaires not returned directly to the Contracting Officer will not be reviewed and evaluated. The information contained in the questionnaires will be used to evaluate the Offeror’s past performance. If any negative past performance information is received, the contractor will be given an opportunity to provide rebuttal. A minimum of three (3) questionnaires must be received by the Contracting Officer (KO) prior to the date and time established for the combined synopsis/solicitation closing. The Offeror is responsible for ensuring that the KO has received a minimum of three (3) questionnaires prior to that date/time. In the case of an

Offeror without a record of relevant past performance or from whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

g. Offerors are reminded that both independent data and data provided by Offerors in their proposals may be used by the Government to evaluate Offeror past performance. However, the burden of providing thorough, complete and current past performance information as requested in this paragraph remains with the Offerors. Proposals that do not contain the information requested by this paragraph risk rejection or a less than acceptable performance rating by the Government.

h. All past performance comments received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the whole of all data received. Offerors with no past performance may provide the equivalent information on company official and/or personnel proposed for this action. In the case of an Offeror without a record of relevant past performance or from whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the

Offeror may not be evaluated favorably or unfavorably. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

4. Volume IV: Price (Factor 3): The Offeror shall submit prices for each Contract Line Item (CLIN), and in format, beginning on Page 1 of this combined synopsis/solicitation.

a. All information relating to the proposal price must be included in this portion. All Excel formulas, lookup tables, and links should be intact, and no link should exist to files not included with the submission. Excel workbooks should not contain hidden spreadsheets. PDF or flat files will not be accepted.

b. Certified Cost or Pricing data is not anticipated for the award of this contract due to expected competition;

however, the Government reserves the right to request such information should it become necessary for the Offeror to submit. The Government also reserves the right to require the submission of Other Than Certified Cost or Pricing

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

c. Travel: THERE IS NO NEED TO PROPOSE TRAVEL COSTS. All travel in support of this requirement will be in accordance with the Joint Travel Regulation and will be reviewed and approved by the assigned

Contracting Officer’s Representative prior to travel occurring. Travel costs will be established on a NOT TO

EXCEED basis for all three years of the contract (base year and two one-year option periods).

The Price Volume shall be organized as follows:

--CLIN summary

--Labor Categories and Rates

(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

Subfactor 3: Quality Control 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. Trade offs between cost/price and non-cost/price factors are not permitted. Please see Addendum to FAR Clause 52.212-2 for further information.

(b) Options. The Government will evaluate offers for award purposes by adding the…