W91QEX-24-R-0002-0004 Update FAR Clauses (KO).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document referenced in Item 9A or 10A, as heretofore changed, remai ns unchanged and in ful l force and effect .

15A. NAME AND TIT LE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to (1) replace 52.212-1 w ith 52.215-1, (2) replace Addendum to FAR 52.212-1 w ith Addendum to FAR 52.215-1, (3) delete 52.212-2 title w ith Evaluation Cr iter ia, (4) delete 52.212-3 and replace w ith 52.204-8, (5) delete 52.212-4, and (6) delete 52.212-5 and insert required clauses contained in the af orementioned clause.

1. CONTRACT ID CODE P AGE OF P AGES

S 1 24

16A. NAME AND T ITLE OF CONTRACTING OFFICER (Type or print)

16C. DAT E SIGNED

BY 09-Apr-2024

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer)(Signature of person author ized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X W91QEX24R0002

X 9B. DAT ED (SEE IT EM 11)

20-Feb-2024

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer X is ext ended, is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning 1 copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s amendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE P LACE DESIGNATED FOR THE RECEIPT OF OFFERS P RIOR TO THE HOUR AND DATE SP ECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of thi s amendment you desire t o change an offer already submit ted, s uch change may be made by t elegram or let ter, provided each t elegram or l ett er makes re ference to the sol ici tat ion and this amendment , and is received prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORT H IN ITEM 14 ARE MADE IN THE

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/cont ract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO.(If appli cable )

6. ISSUED BY

3. EFFECTIVE DATE

10-Apr-2024

CODE

410TH CSB - RCO M IAM I

9301 NW 33RD ST

DORAL FL 33172

W91QEX 7. ADMINISTERED BY (If other t han item 6)

4. REQUISITION/P URCHASE REQ. NO.

CODE

See I tem 6

FACILITY CODECODE

EMAIL:TEL:

W91QEX24R0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-1 Buy American--Supplies OCT 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

The following have been deleted:

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

SEP 2023

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210.

(2) The small business size standard is $47,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

ADDENDUM TO 52.215-1

A. PROPOSAL SUBMISSION

1. Proposals shall be submitted prior to the closing date and time identified on Block 8 of the SF 1449.

2. Offerors are required to submit a complete proposal package in accordance with the instructions below. Only electronic offers will be received via email. The Offeror shall submit electronic copies of their proposal to the Antonio Jones, antonio.r.jones6.civ@mail.mil, Contract Specialist and Catherine P. Richardson, catherine.p.richardson.civ@mail.mil, Contracting Officer; unless otherwise directed by the Contracting Officer.

3. The Offer. The submission of the documentation specified below will constitute the offeror's acceptance of the terms and conditions of the RFP, concurrence with the Performance Work Statement, and contract type.

4. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and cost/prices in their initial proposal submission. However, in accordance with (IAW) FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If discussions are conducted, a competitive range will be determined and offerors will be notified. The competitive range may be limited for purposes of efficiency IAW FAR Part 15.306 (c) (2).

NOTE: PROPOSALS WILL NOT BE ACCEPTED FROM THIRD PARTY AGENCIES OR BROKERS.

PROPOSALS FROM THIRD PARTIES WILL BE CONSIDERED NON-RESPONSIVE AND WILL BE

EXCLUDED FROM CONSIDERATION FOR AWARD.

B. PROPOSAL SUBMISSION REQUIREMENTS

1. Offeror’s proposal shall be organized into four (4) volumes titled as follows: Volume I – Solicitation, Offer and Award Documents, and Certifications / Representations, Volume II - Technical; Volume III -Past Performance; Volume IV - Cost/Price. Each volume of the proposal shall be clearly marked with volume number, title, solicitation number and offeror’s name.

VOLUME II – TECHNICAL INSTRUCTIONS. The offeror shall provide their technical proposal with no company identifying information on any page expect the first page. The technical proposal shall have the following: Times New Roman, Size 10 Font, single spaced, 8.5 x 11 format. Failure to follow this instruction may result in rejection of their proposal.

a. Each volume shall be submitted electronically. Any portion of the proposal that is changed (as a result of negotiations or proposal revisions) should be annotated and dated. Each volume shall be clearly labeled with its Title and a copy number (e.g., copy 1 of 5).

b. Each paragraph should be single spaced, and shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be produced in landscape mode.

c. The following volumes of material shall be submitted:

Volume Title Digital Copies Maximum Pages

I Solicitation, Offer and Award Documents, and Certifications / Representations

1 No page limit

II Technical 1 100*

III Past Performance 1 5 pages per reference

IV Cost/Price 1 No page limit Signed SF1449 CLIN

Structure**

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

*Manpower charts and the small business subcontracting plan are excluded from the page count.

** Volume Page Limitations: Signed SF 1449 with filled in pricing under all CLINs, all Subsequent Amendments signed, and filled in representations and certifications (optional) under FAR 52.204-8.

2. PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

b. File Packaging. All of the proposal files shall be compressed (zipped) into one file entitled proposal zip using WinZip version 6.2 or later, or as separate uploads in their native format, i.e., doc, xls, ppt, etc. Files shall be in read-only format, using PDF files. All price breakdown information to aide in the cost/price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2007. **Please note – Self extracting exe files are not acceptable.

c. Content Requirement. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

(i) VOLUME I – SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND

CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations – Each offeror shall complete (fill-in and signatures) the solicitation sections indicated below using the file (without modification to the file) provided with the RFP. An authorized official of the firm shall sign the SF 1449 and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.

Section A – Standard Form 1449 (SF 1449), Solicitation, Offer and Award Section G – Contract Administration Data Section K – Representations, Certification and Other Statements of Offerors

Solicitations, Offer and Award Documents and Certifications/Representations shall not be addressed separately from that submitted in VOLUME V – SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND

CERTIFICATIONS /REPRESENTATIONS.

(ii) VOLUME II – Technical. The volume shall be organized into the following sections:

(1) Section 1 – Subfactor 1. This subfactor evaluates the offeror’s MANAGEMENT APPROACH.

The Offeror will provide information to substantiate the following:

(a) Element 1: The contractor’s management approach clearly specifies how the contractor will receive work requirements from the government; transmit these requirements to its own or sub-contractor personnel and acquire materials to allow accomplishment of work within specified time frames.

(b) Element 2: The contractor’s approach clearly defines how the contractor will communicate with

Government personnel.

(c) Element 3: The contractor’s approach addresses how the contractor will resolve disputes. The approach demonstrates a commitment to timely resolution and proper managerial processing of disputes with the objective toward satisfying the Government’s concerns.

(d) Element 4: The contractor provided proof that it has an approved cost accounting system.

(e) Element 5: The contractor provided evidence that its management personnel have experience in working within a classified environment.

(f) Element 6: The contractor provided evidence that it is able to manage multiple sub-contractors simultaneously.

(2) Section 2 – Subfactor 2. This subfactor evaluates the offeror’s STAFFING APPROACH. The offeror will provide information to substantiate the following:

(a) Element 1: The contractor provided documentation that it has personnel fully qualified and possessing all required licenses and clearances to complete the work specified in the

PWS.

(b) Element 2: The contractor has demonstrated that it has sufficient personnel identified, or has the ability to acquire personnel, to be able to accomplish multiple projects at the same time.

(3) Section 3 – Subfactor 3. This sub-factor evaluates the offeror’s QUALITY CONTROL PLAN.

The offer will provide information to substantiate the following:

The QCP clearly demonstrates that the contractor will be able to detect and correct unacceptable work performance within the timeframe specified by the Government.

(4) Section 4 - Subfactor 4: This sub-factor evaluates the offeror’s ability to utilize the mandatory ABILITY ONE CONTRACTOR. Major emphasis will be placed on the following:

(1) Element 1- The offeror will be evaluated on the extent to which the offeror is committed to using the mandatory AbilityOne contractor (Goodwill Industries of South Florida LLC) for Grounds Maintenance (GRASS CUTTING). The Government will consider the extent to which the offeror will utilize the AbilityOne contractor to perform Grounds Maintenance (GRASS CUTTING) of the requirement of the PWS. The offeror will also be evaluated on meeting AbilityOne usage of Goodwill of South Florida LLC for Grounds Maintenance (GRASS CUTTING) for the contract.

(2) Element 2 - The contractor understands and acknowledges that this requirement is a material part of the contract and will use its best efforts to obtain or surpass the AbilityOne goal.

Failure to meet this requirement may, at the Contracting Officer’s discretion, result in an impact to their performance evaluation ratings documented within the annual Contractor Performance Assessment Reporting System (CPARS) submission as a result of the contractor’s failure to meet minimum mandatory requirements.

(3) Element 3 – The contractor understands and acknowledges that annually, on the anniversary of the contract effective date, the contractor shall provide written notification to the Contracting Officer identifying the percentage of the total dollar obligated under the AbilityOne per PWS section for the preceding 12 months. The notification shall identify best efforts made towards achieving the AbilityOne requirement during the preceding 12 months and, if applicable, any rationale for failure to meet the requirement. The contractor shall immediately notify the Contracting Officer if an AbilityOne source is unable to provide the services by the time required, or if the quality of supplies or services provided by the AbilityOne source is unsatisfactory.

(iii) VOLUME III – Past Performance. This volume shall contain past performance information regarding similar contracts. This volume shall not exceed 25 pages plus five pages for each major subcontractor, excluding Past Performance Questionnaire Forms. Offerors shall submit all Government and/or commercial contracts for the prime offeror and each major subcontractor in performance or awarded during the past three years, from the issue date of this RFP, which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the effort (as compared to North American Industry Classification System (NAICS) code 561210) required by the RFP. Data concerning the offeror shall be provided first, followed by each proposed major subcontractor, in alphabetical order. The Offeror shall also submit the written consent of its major subcontractors to allow the disclosure of its subcontractor’s past performance information to the Offeror. In addition, letters of commitment shall be included for all major subcontractors for their past performance to be considered. This volume shall be organized into the following sections:

(1) Section 1 – Contract Descriptions. This section shall include the following information in the following format.

(a) Contractor/Subcontractor place of performance, CAGE Code and UEI Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers).

(b) Government contracting activity, and current address, Procuring Contracting Officer’s name, e-mail address, telephone and fax numbers.

(c) Government’s technical representative/Contracting Officer’s Representative and current email address, telephone, and fax numbers.

(d) Government contract administration activity and the Administrative Contracting Officer’s name, and current e-mail address, telephone, and fax number.

(e) Government contract administration activity’s Pre-Award Monitor’s name, and current e-mail address, telephone, and fax numbers.

(f) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers.

(g) Contract Type (specific type such as Fixed-Price (FP), Cost Reimbursement (CR), Time & Material (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc.).

(h) Awarded price/cost.

(i) Final or projected final price/cost.

(j) Original delivery schedule, including dates of start and completion or work.

(k) Final or projected final, delivery schedule, including dates of start and completion of work.

(2) Section 2 – Performance. Offerors shall provide a specific narrative explanation of each contract listed in Section 1, Contract Description, describing the objectives achieved and detailing how the effort is relevant to the requirement of this RFP.

(a) For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. The offerors shall also provide copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the offeror or proposed subcontractor. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

(b) For all contracts, the offeror shall provide data on all manufacturing warranty returns. Data shall delineate total number of warranty returns, number of Could Not Duplicate (CND), number of failures attributable to GFE component failures, and number and nature of failures attributable to the offeror’s delivered product.

(3) Section 3 – Subcontracts. Offerors shall provide an outline of how the effort required by the RFP will be assigned for performance within the offeror’s corporate entity and among the proposed subcontractors. The information provided for the prime offeror and each proposed major subcontractor must include the entire company name, company address, CAGE Code, UEIsi Number and type of work to be performed by citing the applicable Government PWS subparagraph number. This includes all subcontractors who will be providing critical hardware/services or whose subcontract is for more than (insert percentage) % of the total proposed cost/price. This section will further include written consent of major subcontractors to allow the disclosure of their subcontractor’s past performance information to the Offeror. In addition, letters of commitment shall be included for all major subcontractors

(4) Section 4 – New Corporate Entities. New corporate entities may submit data on prior contracts involving its offices and employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. Letters of Commitment shall be included in the proposal for these employees in order to be considered.

(5) Past Performance Questionnaire. For all contracts identified in Section 1, Contract Descriptions, a Past Performance Questionnaire must be completed and submitted. The offeror shall complete Part I of the Past Performance Questionnaire and e-mail the questionnaire to both the Government contracting activity and technical representative responsible for the past/current contract. The POCs shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contracting Office no later than the proposal due date, to (insert email address). The offeror shall e-mail to the Contracting Officer a list of all the POCs who were sent a questionnaire. The Government must receive this list no later than the proposal due date. The POC List shall be submitted in Word for Windows Table Format to include the following fields: Solicitation Number; Company Name; Contract Number; Government Agency; POC Last Name, First Name; POC Title; POC Telephone Number;

POC E-mail Address; and Date E-Mail to POC (month/day).

(6) Submissions. Offerors are discouraged from providing points of contact with another contractors’ facility, i.e., in case an offeror (or one of his/her team members) is in a subcontract with another contractor who has submitted a proposal on the same requirement. Offerors shall provide and submit the prime contract number and all Governmental agency POCs in lieu of subcontract numbers or prime contract POCs in situations as described above.

(7) Small Business Participation Past Performance. All Offerors shall submit information substantiating the Offerors’ past performance in complying with FAR 52.219-8, Utilization of Small Business Concerns, maximizing opportunities for U.S. small business subcontractors. Offerors shall also provide a statement indicating whether any negative information has been reported in the past six years concerning the Offerors’ past compliance with FAR 52.219-8. If any such negative information has been reported, the Offeror may submit explanations or comments responding to such negative information. Offerors with no prior contracts containing FAR 52.219-8 shall certify the same.

(iv) VOLUME IV – Cost/Price. The offeror shall complete Section B (Services and Costs) of the solicitation.

Section B shall be submitted fully completed and error free. It shall contain the offeror’s prices for the established Contract Line Items Numbers (CLINS). The offeror shall submit prices for each SubCLIN. The SubCLIN prices shall total to the respective CLIN prices on that attachment, which shall be transferred to Schedule B of the Request for Proposals, and shall be submitted with Volume IV. All other proposal Volumes shall be void of cost/pricing data.

(1) The offerors shall provide all data required to make assessments of realism, and reasonableness. The cost/price proposal shall consist of the offeror’s estimated costs and associated profit (fee), when applicable, to successfully complete the proposed work identified in the PWS. The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a determination of fair and reasonable price.

(2) The offerors shall ensure that no pricing information is displayed in the Technical Proposal; however, this restriction does not preclude offerors from describing staffing levels relevant to its proposal.

(3) All final monetary extensions shall be in whole dollars only. Electronic copies of the cost/price proposal are required. Electronic copies shall be submitted to the Contracting Officer and Contract Specialist (catherine.p.richardson.civ@mail.mil and antonio.r.jones6.civ@mail.mil), using Microsoft Excel. No worksheets shall be hidden.

(4) The cost/price proposal shall contain two sections, cost rationale and cost substantiation.

a) The cost rationale section shall contain all narrative explanations used in deriving calculated costs/prices, including any overtime costs. These narratives shall clearly explain methodologies, calculations, and assumptions used in developing each cost/price element. At a minimum, the offeror shall address the notes identified below (following SUMMARY ROLL-UP).

b) The cost substantiation section shall be submitted using the two formats described below (cost summary roll-up and direct labor table) for the base and all option periods. In addition, a detailed cost/price proposal for each major subcontractor shall be submitted. Offerors are required to provide the same format and level of detail for subcontractor as for the prime. Offerors are also required to evaluate subcontractor’s proposals and provide a detailed explanation of how the subcontractor’s proposal was determined to be fair and reasonable pursuant to FAR 15.404-3. Offerors shall include any costs proposed for overtime.

The Service Contract Act (SCA) and the Davis Bacon (DB) Wage determinations have been attached. The Davis Bacon Wage Determination will only apply to construction related services. The SCA applies to all other services.

In the form of a chart, offerors shall list each labor category using labor classification in one column with the wage determination code and title in the others. The offeror shall indicate whether the labor classification is classified as Exempt (E), SCA, or DB; indicate the hours and the proposed hourly rate. The offeror shall list the fringe benefits and payroll burden cost for each labor classification.

For each of the cost CLINs, the offeror shall submit an escalated cost summary roll-up and a direct labor table as shown below in Microsoft Excel format.

SUMMARY ROLL-UP

Direct Labor Hours _____ Overtime Hours _____

TOTAL DIRECT HOURS _____

TOTAL FTEs _____

Direct Labor Dollars $_______

Overtime Dollars $_______

TOTAL OVERALL DIRECT LABOR DOLLARS $_______

Labor Overhead $_______

Other Direct Costs $_______

Material Costs $_______

(Material Overhead Rate ____%)

Subcontract Costs $_______

SUBTOTAL $_______

Overhead _____% Rate

G&A _____% Rate $_______

Fixed Fee _____% Rate $_______

TOTAL $_______

NOTES:

In the cost rationale section:

(1) Specify the use and extent of proposed overtime, including backup details/rationale and composition of overtime labor.

(2) Provide backup details/rationale stating composition of other direct costs.

(3) Provide backup details/rationale stating composition of material costs, including an explanation of the method of cost build-up plus the base used in applying any material overhead rate.

(4) Provide an explanation of the method of cost buildup, including bases used in applying rates and factors. Identify source of rates and factors. For instance, forward pricing rate agreements should be noted. If rates are based on current experience in your organization, provide the history base used and clearly identify all escalation, by year, that applies to derived rates.

DIRECT LABOR TABLE

WBS/

PWS

SCA/

Exempt

Labor Category

Productive Hours

Equivalent

FTE

Paid Hrs

Wage Rate

Fringe Benefits

Taxes/ Ins.

Total

Notes:

(1) The offeror shall provide cost elements by WBS associated with the appropriate PWS paragraph.

Provide cost data to the fourth level of the WBS/PWS, except for general information and work classified and management, for which data provided to the third level is adequate. If multiple WBS/PWS paragraphs are being performed by one cross-utilized employee and the employee is listed under only one of the paragraphs, ensure that paragraphs for which cost is not included is cross referenced to the paragraph containing the cost/price. For example, if an employee performs duties under WBS/PWS paragraphs 4.0, 4.5, and 5.5, and you only listed a cost/price under paragraph 4.0, insert “see paragraph 4.0” in the pricing section for paragraphs 4.5 and 5.5. Cross-references should be utilized to preclude unnecessary duplication of data between sections.

(2) The offeror shall identify each position as exempt or non-exempt. If the position is non-exempt, the offeror shall clearly identify the specific level and title of the labor category.

(3) In the cost/price rationale section of the cost proposal, the offeror shall explain how productive hours were developed. For example, paid hours of 2087 minus 80 hours sick leave, 20 hours training, etc.

(4) In the cost/price rationale section of the cost/price proposal, the offeror shall explain how fringe benefits were developed. For example, if costs for non-exempt positions are based on rates identified in the applicable wage determination simply state this with the applicable rate. For exempt positions explain the method of cost buildup, including any specific rates and bases used. Provide rationale used in developing any applicable rates.

(5) In the cost rationale section of the cost/price proposal, the offeror shall provide the following rates used:

_______% Rate FICA

_______% Rate FUTA

_______% Rate SUTA

_______% Workers Compensation

_______% Personal Liability Insurance

Failure to follow the above cost proposal preparation instructions may cause your proposal to be deemed unacceptable by the Government.

The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a determination of fair and reasonable price.

(6) For proposal preparation purposes, the expected or approximate date for initiation of contract performance is 1 July 2024.

(1) Electronic Copy. Cost requirements: Files contained on the Volume IV Cost/Price may not be password protected. Electronic links are only permissible within the Cost/Price Volume. If files contain links, the links must be intact and maintained through all revisions. The Offeror shall not include pivot tables in Excel spreadsheets. The Offeror shall provide a completed Section B Supplies or Services and Prices/Costs and shall be complete.

(2) Compliance. Failure to comply with the RFP requirements for Cost information may result in an adverse assessment of an offeror’s proposal and reduce or eliminate its chance of being selected for award. Offerors shall ensure that the information presented in this volume is consistent and correlates with the information contained in the other proposal volumes. Also, the Offeror shall ensure that the information submitted in this volume is consistent with and fully supports the amounts set forth in the SF1449 and continuation sheets.

(3) General Instructions. In accordance with Federal Acquisition Regulation (FAR) 15.402 and 15.403-

1, certified cost or pricing data are not required based on the fact that adequate competition is expected for this procurement. Information other than certified cost or pricing data may be provided in contractor format providing that sufficient information is made available. Information submitted shall be prepared following the instruction in FAR 15.403-5. If after receipt of proposals the Contracting Officer determines that there is insufficient information available to determine price reasonableness and none of the exceptions at FAR 15.403-1 apply, the Offeror may be required to submit cost or pricing data. Additionally, in the event that adequate competition is not obtained, the Contracting Officer may incorporate FAR 52.215-20 entitled, “Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data,” into the solicitation and request a Certificate of Current Cost or Pricing Data.

There are no page limitations for this volume. Proposal information included in this volume which is not directly related to Cost will be disregarded.

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, 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 proposal or revision is due.

(ii)(A) Any proposal, modification, or revision 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--

(1) 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 proposals; or

(2) 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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award.