W9124J-18-R-MILC_Atch_03_Provisions_and_Clauses_20_Jun_18.pdf

Attachment 03

Combined Synopsis/Solicitation for

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

Military Construction (MILCON) Technical and Analytical Support Services

W9124J-18-R-MILC

Clauses and Provisions

a. The following Clauses/Provisions are incorporated by reference in combined synopsis/solicitation W9124J-18-

R-MILC

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government SEP 2006

Alternate I

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

52.203-18 Prohibition on Contracting With Entities That Require Certain JAN 2017

Internal Confidentiality Agreements or Statements—

Representation

52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017

Agreements or Statements

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 OCT 2016

Subcontract Awards

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 Government’s Interest When Subcontracting OCT 2015

With Contractors Debarred, Suspended, or Proposed for

Debarment

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-9 Updates of Publicly Available Information Regarding JUL 2013

Responsibility Matters

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

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 Representation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-37 Employment reports on Veterans FEB 2016

52.222-42 Statement of Equivalent Rates For Federal Hires MAY 2014

52.222-43 Fair Labor Standards Act and Service Contract Labor MAY 2014

Standards-Price Adjustment (Multiple Year And Option

Contracts)

52.222-46 Evaluation of Compensation For Professional Employees FEB 1993

52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011

While Driving

52.232-33 Payment by Electronic Funds Transfer—System for Award AUG 2012

Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors

52.233-2 Service of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

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

52.237-2 Protection of Government Buildings, Equipment, and APR 1984

Vegetation

52.237-3 Continuity of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.252-6 Authorized Deviations In Clauses APR 1984

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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

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 System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016

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

252.232-7010 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

52.212-1 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 is 541611, Administrative Management and General

Management Consulting Services with a size standard of $15M.

(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. As a minimum, offers must show --

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

(11) 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 pre-award 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 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 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.

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 (CDT) Friday, 20 July 2018.

b. All proposals shall be submitted electronically via email to the attention of:

CONTRACT SPECIALIST: Major Andrew Graham, e-mail: andrew.s.graham6.mil@mail.mil

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

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 Military Construction

(MILCON) Technical and Analytical Support Services, W9124J-18-R-MILC. All inquiries, questions and or comments shall be directed to the attention of:

CONTRACT SPECIALIST: Major Andrew Graham, e-mail: andrew.s.graham6.mil@mail.mil

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

The deadline for the submittal of all Questions/Comments/Exceptions is Friday, 05 Jul 2018 at 12:00 P.M.

(noon) 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.

https://www.acquisition.gov/ mailto:angelic.m.hatcher.civ@mail.mil mailto:angelic.m.hatcher.civ@mail.mil

B. General Instructions

1. The selection of a source for award purposes will be conducted in accordance with Federal Acquisition

Regulation (FAR) Part 12, “Acquisition of Commercial Items,” in conjunction with FAR Subpart 13.5 “Simplified

Procedures 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 Quote (RFQ) 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 RFQ and contract type.

5. The applicable NAICS Code for this RFQ is 541611, Administrative Management and General Management

Consulting Services, with a corresponding Small Business Size Standard of $15 million.

6. 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.

7. 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.

8. 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.

9. 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.

10. Debriefings: The Contracting Officer will notify Offerors who are not selected for award via the Federal

Business Opportunities website. Upon such notification, unsuccessful offerors may request to receive a brief explanation in accordance with the requirements of FAR 52.212-1(1) and FAR 15.506.

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 electronic copy of their proposal via electronic 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 Friday, 20 Jul 2018 at 12:00 p.m. (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. General

2. Technical Capability: 50 pages (excluding resumes)

3. Past Performance: 10 pages

4. Price: N/A

Note 1: Resume pages shall not be counted against the 50 pages allowed for Volumes 1, 2, 3 or 4 (collectively).

Note 2: Page limits includes all appendices, charts, graphs, diagrams, tables, photographs, drawings, and other information provided in the proposal.

Note 3: Representation and Certifications will be excluded from the page limits identified for all three portions

(Technical Capability, Past Performance, and Price).

D. Proposal Content:

Volume I – General. Offerors are required to include all Representation, Certifications, and Other Statements of

Offerors. Failure to follow Contract Proposal preparation instructions may cause Offeror’s proposal to be deemed unacceptable by the Government. The General Volume shall be organized as follows and contain the identified information.

The Offeror shall acknowledge any amendments to the RFQ 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.

Complete FAR Provisions 52.212-3—Offeror Representations 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.

In the event the Offeror is a joint venture, the Offeror shall provide a copy of the 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 the managing partner are significantly more important than the responsibilities of all other partners combined.

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.

Volume 2: 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 Approach

-- Subfactor 2: Staffing Approach/Key Personnel Qualifications

Subfactor 1: Technical Competency. This subfactor will evaluate the Offeror’s understanding of the specific requirements in the Performance Work Statement (PWS) and will evaluate whether the Offeror’s methods and approach have adequately defined and satisfied the requirements specified in the solicitation. This subfactor will be evaluated on terms of comprehension and feasibility. To be considered acceptable, the Offeror shall describe/demonstrate their knowledge of the requirement identified in the solicitation and how the Offeror will meet mission support requirements of the Operations Directorate, Construction (ODC). The Government will evaluate the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine whether the Offeror’s methods and approach in meeting the requirements, provide the

Government with a high level of confidence to ensure successful performance as defined in PWS paragraphs 5.0 through 5.3.2.3.

Subfactor 2: Staffing Approach/Key Personnel Qualifications. This subfactor will evaluate the Offeror’s proposed staffing plan/approach and their ability to satisfactorily perform/execute the requirements as identified in the

Performance Work Statement. To be considered acceptable, the Offeror must provide a staffing plan/approach that addresses the qualifications as identified in the PWS (paragraph 1.8.5.) and clearly demonstrates the Offeror’s knowledge, years of experience, and ability to undertake the requirement as defined. To be considered technically acceptable, the proposal at a minimum must address the following areas:

i. The staffing approach narrative shall be based on performance requirements as identified in Part 5 of the

Performance Work Statement and address successful performance.

ii. The Offeror shall provide a Staffing Plan (e.g., skill mix, personnel experience or qualifications and their personnel availability) that identifies proposed labor categories and mix. The Offeror shall demonstrate the ability to achieve necessary staffing levels as indicated in the solicitation. At a minimum, the offeror’s proposal must address in detail each of the following specified minimum requirements by providing resumes for all key personnel:

MILCON Key Personnel

Formal Education from an

Accredited College or

University

5 Years General Work

Experience

5 Years Specialized

Work Experience

Subject Matter Expert Bachelor’s Degree in a recognized National Society of Professional Engineers discipline

U.S. Army or Other

Department of Defense

(DOD) Military

Construction experience.

1. Direct Field

Construction

Support,

2. Technical Project

Management

3. Construction

Estimating

4. Programming Cost

Management

(Must have 5 years of experience in all areas)

Volume III 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. 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.

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.

Volume IV Price: The Offeror shall submit prices for each Contract Line Item (CLIN) in the attached CLIN Cost

Schedule (Attachment 02).

(1) All information relating to the proposed price must be included in this volume. All Excel formulas, look up 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.

(2) 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.

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 Approach

Subfactor 2: Staffing Approach/Key Personnel Qualifications

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 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).

(c) 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

Evaluation Factors for Award

a. Basis for Contract Award

(1) This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) Part

12, “Acquisition of Commercial Items,” in conjunction with FAR Subpart 13.5 “Simplified Procedures 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). Award will be made to a single Offeror who is deemed responsible whose proposal conforms to the solicitation requirements, and 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.

(2) Trade-offs between cost/price and non-cost/price factors are not permitted. Unrealistically low, unbalanced, inaccurate, or incomplete price proposals may be the grounds for eliminating a proposal from competition.

The Government will evaluate proposed prices for reasonableness using proposal analysis techniques as delineated in FAR 15.404-1, “Proposal Analysis.” Proposed prices evaluated as unreasonable may be grounds for eliminating a proposal from competition.

b. Award for All of the Work.

The Government intends to award a Firm Fixed Price contract as a result of this solicitation. Offers received for less than the stated number of items listed in the Bid Schedule will be considered ineligible for award. The Government intends to evaluate proposals and award a contract without discussions with Offerors with the exception of clarifications. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In the event that discussions are held, a competitive range determination will be made. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

c. Evaluation Criteria

(1) Evaluation criteria will consist of factors and subfactors. The proposals will be evaluated under three (3) evaluation factors: Technical Capability, Past Performance, and Price.

Factor 1: Technical Capability

Subfactor 1: Technical Approach

Subfactor 2: Staffing Approach/Key Personnel Qualification

Factor 2: Past Performance

Factor 3: Price

(2) 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 Approach. This sub-factor will evaluate the Offeror’s ability to successfully perform all contractual requirements as stated within the solicitation. To be acceptable, the Offeror’s proposal shall demonstrate understanding of the technical and functional tasks outlined in paragraphs 5.0. through 5.3.2.3 of the Performance

Work Statement (PWS).

Subfactor 2: Staffing Approach/Key Personnel Qualifications. In this sub-factor, the Government will evaluate the 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 the cross utilization of Key

Personnel, Offeror’s 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 proposed Staffing Plan (e.g., skill mix, personnel experience or qualifications and their personnel availability) to include resumes and certifications for all key personnel. This Subfactor will evaluate documented evidence of the Offeror’s ability to provide personnel who meet all contract qualifications requirements for both prime or subcontractor (if utilized) personnel. To be considered acceptable, the proposal shall clearly demonstrate the key personnel’s knowledge, years of experience, and certifications below:

MILCON Key Personnel

Formal Education from an

Accredited College or

University

5 Years General Work

Experience

5 Years Specialized

Work Experience

Subject Matter Expert Bachelor’s Degree in a recognized National Society of Professional Engineers discipline

U.S. Army or Other

Department of Defense

Military Construction experience.

1. Direct Field Construction Support,

2. Technical Project Management

3. Construction

Estimating

4. Programming Cost Management

(Must have 5 years of experience in all areas)

The 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 meets the requirements of the solicitation.

Unacceptable Proposal does not meet the 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 relevant to the services being procured under this solicitation. Offerors are cautioned that in conducting the performance risk assessment, the Government may use data provided in the Offeror’s proposal and data obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems and

State Department Watch Lists. Past performance areas of evaluation include:

- Business Relations

- Quality of Service

- Schedule

- Customer Satisfaction

i. Each Offeror will receive a performance confidence assessment rating based on the Offeror’s recent past performance, focusing on performance that is relevant to the Contract requirements.

ii. Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

iii. Relevancy Assessment. To be relevant, the effort must be similar in nature of work, size, and complexity. The

Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature of work, size, and complexity to the services/products being procured under this solicitation with a specific emphasis on experience in Military Construction Data; Sustainment, Restoration and

Modernization data; and Real Property data. Recent past performance is defined as not more than three (3) years from the RFP release date; relevant in terms of similar nature of work, size and complexity.

A relevancy determination of the offeror’s (including joint venture partner(s) and major and critical subcontractor(s)) past performance will be made. In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. In establishing what is relevant for the acquisition, consideration should be given to what aspects of an offeror’s contract history would give the most confidence that the offeror will satisfy the current procurement. The past performance information provided in the proposal and obtained from other sources will be used to establish the relevancy of past performance.

iv. The Past Performance Evaluation Team will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

v. Assigned Ratings. The Past Performance Factor will be assigned one of the ratings defined below.

Table 4. Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror’s performance record, the

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

Unacceptable Based on the offeror’s performance record, the

Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

vi. Offerors without a record of relevant past performance or for 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 on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered

“acceptable.”

Factor 3 – Price.

(a) Price will not be assigned an adjectival rating. The Offeror’s CLIN prices will be evaluated for realism, reasonableness, and balance.

(1) Realism: Price realism analysis will be performed on the base labor rates and fringe benefit rates for each labor category proposed to ensure the offeror is able to hire and retain qualified individuals for the work to be performed. Price realism will be performed in accordance with FAR 15.404-1(d)(3). Price

Realism is the process of independently reviewing and evaluating specific elements of each offeror’s proposal to determine whether the proposed cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the unique methods of performance and materials described in the offeror’s technical proposal. Results of the analysis will be used in performance risk assessments and responsibility determinations. The offered prices will not be adjusted as a result of the analysis. Unrealistically low prices, may be grounds for eliminating a proposal from competition on the basis that the offeror does not understand the requirement.

(2) Reasonableness – The existence of adequate price competition is expected to support a determination of reasonableness. Other price analysis techniques in accordance with FAR 15.404-1(b) may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.402(a) may be required from the offeror to support the proposed price. Unreasonably high proposed prices may be grounds for eliminating a proposal from competition.

(b) Options. As part of price evaluation, the Government will evaluate its option to extend services (see FAR clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the

Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance period.

(c) Unbalanced Pricing will be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items (including base and option years) is significantly overstated or understated as indicated by the application of price analysis techniques. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

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

2017)

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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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—

(6) 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

(7) 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.

“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;

http://www.sam.gov/portal

(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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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)…