SOLICITATION OFFER AND AWARD
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
0005521772
Release Decision:
RIFPUB
Original Classification:
U
Document Page Count:
109
Document Creation Date:
June 24, 2015
Document Release Date:
April 16, 2010
Sequence Number:
Case Number:
F-2009-01001
Publication Date:
April 10, 2003
File:
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';(/i'.If ITATIf1N flF,'ANTI AWARil
2. CONTRACT NO. 3. SOLICITATION NO!
ACA
12310 Sunrise Valley Drive MS P-65
Reston, VA 20165
I SS PArFe
6. REQUISITION/PURCHASE
NO. 11
SOLICITATION
9. Scaled offers in original and See Section L copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if handcarried, located in
Section L, until noon local time 28 May 2003.
CAUTION - LATE Submissions, Modifications, and Withdrawals: See S ection L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all forms and
Conditions contained in this solicitation.
SE
A. NAME
Jean Appel
PAGE
X
A
SOLICITATION/CONTRACT FORM
X
I CONTRACT CLAUSES
X
B
SUPPLIES OR SERVICES AND PRICES/COSTS
PART Ill - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X
C
DESCRIPTION/SPECS./WORK STATEMENT
X
J LIST OF ATTACHMENTS
X
D
PACKAGING AND MARKING
PART IV -- REPRESENTATIONS AND INSTRUCTIONS
X
E
INSPECTION AND ACCEPTANCE
X
K
REPRESENTATIONS, CERTIFICATIONS AND
X
F
OF.LIVFRIFS OR PFRFORMANCF.
OTHER STATEMENTS OF OFFERORS
X
G
CONTRACT ADMINISTRATION DATA
X
L
INSTRS., CONDS. AND NOTICES TO OFFERORS
X
H
SPECIAL CONTRACT REQUIREMENTS
X
M
EVALUATION FACTORS FOR AWARD
OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted with calendar days (60 calendar days unless a
different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the
price set opposite each item, delivered at the desi nated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
(See Section 1, Clause No. 52.232-8)
%
%
%
%
14. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT NO.
DATE
AMENDMENT NO.
DATE
(7'he offeror acknowledges receipt ofamend-
anic in ihn W)r Jr'1T4770At !nr nir rnrc and
related documents numbered and dated):
15A. NAME
CODE
FACILITY
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
AND
OFFER 1Tvne or nrintl
ADDRESS
OF
OFFEROR
15B. TELEPHONE NO. (Include area
1SC CHECK IF REMITTANCE ADDRESS
.
17. SIGNATURE
18. OFFER DATE
code) 6
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE
TION:
F] 10 U.S.C. 2304(c)( 41 U.
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS ( 1 5 CFR 700) E- ' A
703-755-5341
PAGE(S) (3) SEC.
U SEALED BID (IFB)
X NEGOTIATED (RFP)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS USABLE APPROVED FOR RELEASED
DATE: 15-Apr-2010
STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
-Jr
UNCLASSIFIED
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 152.215-707 Scope of Contract (Cost-Reimbursement/Award Fee/Award Term
Option, with a Statement of Work)(Modified)(APR 1984)
The Contractor shall, in accordance with the terms and conditions set forth
hereafter, furnish the necessary qualified personnel, services, travel,
facilities, and materials (except those specifically designated to be
provided by the Government) and do all things necessary and incident to
completion of the contractual effort in accordance with the Section C,
Statement of Work (SOW) and Task Orders.
B.2 152.216-703 Type of Contract and Consideration (CPAF/AT) (Modified)(SEP
2001)
This is a Cost-Plus-Award Fee/Award Term Option(CPAF/AT) level of effort type
contract, as described under Federal Acquisition Regulation (FAR) 16.405-1
and 16.405-2, in the total estimated amounts set forth below for the period
of performance through FY TBD:
CLIN 0001 - Base Period
(a) Estimated Cost:
(b) Travel
(c) Base Fee:
(d) Award Fee:
(e) Total Estimated CPAF:
(f) Hours
CLIN 0002 - Ad Hoc - Base Period
(a) Estimated Cost: $[ ]
(b) Travel $ 0
(c) Base Fee: $ 0
(d) Award Fee: $[ ]
(e) Total Estimated CPAF: $[ ]
(f) Hours
UNCLASSIFIED
CLIN 0003 - First Award Term Option Period
(a) Estimated Cost: $[ ]
(b) Travel $1,000,000
(c) Base Fee: $ 0
(d) Award Fee: $[ ]
(e) Total Estimated CPAF: $[
(f) Hours
CLIN 0004 - AdHoc Support for First Award Term Option
(a) Estimated Cost: $[ ]
(b) Travel $ 0
(c) Base Fee: $ 0
(d) Award Fee: $[ ]
(e) Total Estimated CPAF: $[ ]
(f) Hours
CLIN 0005 - Second Award Term Option
(a) Estimated Cost: $[ ]
(b) Travel $1,000,000
(c) Base Fee: $( 0
(d) Award Fee: $[ ]
(e) Total Estimated CPAF: $[ ]
(f) Hours
CLIN 0006 - Ad Hoc for Second Award Term Option
(a) Estimated Cost: $[ ]
(b) Travel $ 0
(c) Base Fee: $ 0
(d) Award Fee: $[ ]
(e) Total Estimated CPAF: $[
(f) Hours
UNCLASSIFIED
CLIN 0007 - Third Award Term Option
(a) Estimated Cost:
(b) Travel
(c) Base Fee:
(d) Award Fee:
(e) Total Estimated CPAF:
(f) Hours
CLIN 0008 - AdHoc Support for Third Award Term Option
(a)
Estimated Cost:
$[
(b)
Travel
$ 0
(c)
Base Fee:
$ 0
(d)
(e)
(f)
Award Fee:
Total Estimated CPAF:
Hours
CLIN 0009 - Fourth Award Term Period
(a)
Estimated Cost:
$[
l
(b)
Travel
$1,000,000
(c)
Base Fee:
$ 0
(d)
(e)
(f)
Award Fee:
Total Estimated CPAF:
Hours
(a)
(b)
Estimated Cost:
Travel
$ $ 0
(c)
Base Fee:
$ 0
(d)
(e)
(f)
Award Fee:
Total Estimated CPAF:
Hours
(a) It is estimated that the total cost of this contract will not exceed $[
TBD ], exclusive of the Contractor's fee, and the work will be completed on
or before FY TBD, but neither the Government nor the Contractor guarantees
the accuracy of these estimates.
(b) As consideration for its undertakings under this contract, the
Contractor shall receive the following:
(1) Extension of the base period of performance as set forth in the Award
Term Plan under Attachment 2 of this contract.
(2) Reimbursement of cost in accordance with the contract clause entitled,
"Allowable Cost and Payment."
(3) A maximum possible Fee (Award) in the amount of $[ TBD ], which
together with the reimbursement(s) provided for under "Allowable Cost and
Payment" shall constitute complete compensation for the Contractor's services
or performance in connection with this contract, subject to the withholding
provision under this contract.
(4) The estimated cost and award fee is predicated upon the Contractor
furnishing the total effort specified under this contract. In the event that
the total effort is not provided, as specified, the fee may be adjusted
accordingly.
(5) Award Fee shall be available for consideration of payment under the
terms of the "Award Fee Provisions" set forth under Attachment 3 of this
contract. The availability of maximum Award Fee dollars, with respect to the
evaluation periods is as follows:
No. Period
Available
Award Fee
Earned
(0001) ( )
$[
]
$[
(0002) ( )
$ [
l
$ [ ]
(0003) ( )
$[
]
$[ ]
(0004) ( )
$ [
l
$ [ l
(0005) ( )
$(
)
$(
(0006) ( )
$ [
]
$ [ ]
(0007) ( )
$ [
l
$ [ )
(0008) ( )
$[
]
$[ l
(0009) ( )
$ [
]
$ [ ]
(0010) ( )
$(
)
$(
B.4 152.216-725 Incorporation of Award, Schedule, Performance and Cost
Incentives (APR 1990)
The parties hereto agree that the fee payable under this contract shall be
established by applying award, performance, schedule and cost incentives
(both positive and negative) in accordance with the award fee schedule
attached hereto and made a part hereof.
Pursuant to the "Limitation of Funds" clause, the funding presently available
and allotted for the performance of this contract is set forth below. The
Government shall not be obligated to reimburse the Contractor for costs
incurred in excess of this amount and the Contractor shall not be obligated
to continue performance under this contract or otherwise incur costs in
excess of the stipulated amount. The period of performance estimated to be
covered by the allotted amount is set forth below.
CLIN
0001 Allotted: [ ]
Period: [ ]
CLIN
0002 Allotted: [ ]
Period: [ ]
CLIN
0003 Allotted: [ ]
Period: [ ]
CLIN
0004 Allotted: [ ]
Period:
CLIN
0005 Allotted: ( )
Period:
CLIN
0006 Allotted: [ ]
Period: [ ]
CLIN
0007 Allotted: [ ]
Period: [ ]
CLIN
0008 Allotted: [ ]
Period: [ ]
CLIN
0009 Allotted: [ ]
Period:
CLIN
0010 Allotted: ( )
Period:
The Sponsor's Statement of Work entitled Enterprise Engineering dated 9 April
2003, which is incorporated by reference, or attached hereto, and made a part
of this contract.
SECTION D - PACKAGING AND MARKING
D.1 152.247-701 Identification and Marking of Shipments (AUG 1996)
(a) General:
It is an express condition of this contract that the Contractor will make no
reference of any nature to the purchaser in connection with the shipment of
materials or the shipping documents pertaining to this contract. This
includes, but is not limited to the items being furnished, instruction books,
blueprints, manuals, packing lists, instruction plates or identification
plates. There shall be no reference to the purchaser on or in any shipping
container, shipping documents or billing documents.
The Bill of Lading shall show the consignee as cited on Schedule "A" of the
contract.
(1) No stenciling shall be applied to the shipping container except for the
following:
(ii) Caution markings for handling purposes, such as: "DELICATE
INSTRUMENT," "THIS SIDE UP," "FRAGILE," and "CENTER OF BALANCE" (on large
items), etc.
(2) The consignee address as given above in paragraph (b) shall be marked on
a shipping tag or label that shall be securely fixed on the container by use
of a waterproof adhesive or stapled to the container. Such markings shall be
protected by a coat of transparent water-repellent material.
(i) Each exterior container shall bear a number relative to the total number
of containers in the shipment, e.g., PKG. 1 of 5.
(ii) Set marking - where an equipment item constitutes a set, and is packed
and shipped unassembled in two or more separate pieces, each container shall
be marked with the set or assembly number, the number of the container
relative to the number of containers comprising the complete set, and the
total number of containers in the particular set or assembly, together with a
brief description of the component part contained therein. Thus, a box
containing a control panel which is the third container of a group of four
making up set number two would require the following special set markings:
Set No. 2, Package 3 of 4, Control Panel.
(iii) Container numbering shall not be stenciled on the containers but shall
be applied by tag or label as described in paragraph (c)(2).
(1) No markings shall be applied on any interior packaging material or
container that would identify the purchaser.
(2) Each primary wrapper, envelope, bag, folding carton or other packaging
material enclosing each assembly, part or group of similar parts shall be
marked so that it may be readily identified against the packaging list. Each
secondary and all other overwrap material shall be marked as to the contents
enclosed in the package. The markings shall include the following:
(i)
One of the following headings:
(A)
Part of the Basic Unit
(removed to facilitate packing)
(B)
(C)
(D)
(E)
Operating Spare Parts
Base Spare Parts
Tools
Service Equipment
UNCLASSIFIED
(E) Other category indicated in the contract.
(ii) Brief nomenclature
(iii) Quantity
Items that are not enclosed in a wrapper or carton shall be identified with a
tag that includes the above information.
(e) Packing Lists:
A master packing list shall accompany each shipment or be forwarded
under
separate cover so that it reaches the consignee prior to the
shipment. The master packing list shall include:
receipt
of
the
(1)
Name and address of consignor
(2)
Name and address of consignee as in paragraph (b) above
(3)
Contract or Purchase Order Number
(4)
Government Bill of Lading Number covering the shipment,
if any
(5)
Items being shipped shall be listed as required under one or more of the
headings listed in paragraph (d)(2)(i) above
(6) Stock and item number
(7) Nomenclature of item
(8) Quantity of each item
(9) Location of each item by container number and set number when applicable
(10) Any data specifically required to be included on the packing list, by
the terms of the contract.
(f) Unassembled Items:
(1) Identification of connection components. When it is necessary to remove
components to facilitate packing, all connecting wires, conduits, leads and
other objects disconnected shall be tagged in such a manner so as to readily
identify lines of the various components.
(2) Shipping bolts, collars, etc. All objects that are attached to
assemblies for packing purposes that require removal before the item can be
put in operation, shall be labeled accordingly in a conspicuous manner.
D.2 152.247-703 Additional Packaging and Marking Instructions (AUG 1996)
(a) Packing and shipment will be the responsibility of the Contractor and
is included in the contract price.
(b) The Contractor will clearly mark both the external shipping container
and shipping invoice with the status of the item being shipped to the
Government (i.e., "First Article," "prototype/exemplar", or "production
deliverable"). In addition, the carton shall also be marked with the Document
Control Number (DCN) and Contract Number.
(c) The exemplar shall be returned in working condition to the Government
with the delivery of the production First Article. If needed, the accepted
First Article will be returned to the Contractor.
(d) The contract price includes the return shipment costs incurred when
returning the Government supplied prototype/exemplar.
Packing and packaging shall be in accordance with those specifications
and/or statement of work indicated under Sections C and J of this contract.
In the event such are not applicable, packing and packaging shall be in
accordance with standard commercial practice for domestic shipment, as set
forth in the Uniform Freight Classification for commercial practice, to
assure arrival at destination in serviceable condition. Exterior of the
container(s) shall bear the item numbers, and (consignee) address,
order/contract number, and consignor address.
The shipping indicator (mark for number) must appear on all boxes and
packing lists. The packing lists shall be affixed conspicuously on the
outside of all boxes, or transmitted by hand at time of delivery. Failure to
follow the packing and packaging instructions, as well as the identification
and marking instructions (including marking all boxes with the mark for
number), shall be considered noncompliance with this contract/order; packages
may be rejected and returned to the contractor, at the contractor's expense.
Compliance with these instructions will aid in the receipt and acceptance of
deliverable items, and facilitate the payment of invoices.
This contract incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. Also, the full text
of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far/
E.2 52.246-3 Inspection of Supplies - Cost-Reimbursement. MAY 2001
E.3 52.246-5 Inspection of Services - Cost-Reimbursement. APR 1984
E.4 152.215-718 Testing Related to Electronic Communication Equipment (APR
1984)
The Contractor understands and agrees that any testing plan or activity
related to electronic communications equipment developed, produced, or used
under this contract will require approval of the Contracting Officer to
ensure compliance with provisions of Executive Order 12333 and Attorney
General-approved implementing procedures. If such testing is contemplated
under this contract, Contractor must communicate with the Contracting Officer
or a designated customer representative as early as possible for specific
information and guidance concerning approved Executive Order procedures.
Prior to receipt of approval, the Contractor will not engage in any such
testing which may, in any way, involve the collection of the contents of
nonpublic communications of individuals without their consent.
E.5 152.246-702 Inspection and Acceptance at Destination (General) (APR 1990)
Final inspection and acceptance of work accomplished, services provided
and/or items produced or deliverable under this contract shall be performed
at destination by cognizant Government personnel.
E.6 152.246-703 Inspection and Acceptance Test Procedures (APR 1984)
The inspection or acceptance of work accomplished and/or items produced or
deliverable under this contract shall be performed in accordance with the
procedures and prerequisites established under the Inspection and Acceptance
Test Procedures developed by the Contractor and approved by the Government
for application under the contract provision entitled "Inspection and
Acceptance."
F.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. Also, the full text
of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far/
F.2 52.242-15 Stop-Work Order. AUG 1989
F.3 52.242-17 Government Delay of Work. APR 1984
When the Contractor encounters difficulty in meeting performance
requirements, or anticipates difficulty in complying with the contract
delivery schedule or date, it shall immediately notify the Contracting Office
in writing giving pertinent details; provided, however, that this data shall
be informational only in character and that this provision shall not be
construed as a waiver by the Government of any delivery schedule or any
rights or remedies provided by law or under this contract.
At a minimum, the period of performance of this contract shall begin at date
of award. At a maximum, the period of performance of this contract shall be
from Award of Contract to July 21 2013 (depending on Award Term Option Plan).
The base period shall be approximately two years with any additional option
periods in accordance with the Award Term Option Plan.
The principal place of performance under this contract shall be the
Contractor's facility located at TBD.
F.7 152.242-708 Contract Status Report (DEC 2001) (MODIFIED)
Monthly contract status reports shall be submitted in 5 copies to the
Contracting Officer not later than 10 calendar days after the close of the
month covered by the report. Such report shall be contractor format in
providing the information reflected in the statement of work. Failure to
submit this report will result in delay in payment of invoices.
F.8 152.242-709 Shipping Instruction - Consignees (AUG 1996)
If not specified in the contract, the Contractor shall request the names of
consignees of all supplies or equipment to be delivered by the Contractor not
later than thirty (30) days prior to the date on which any of the articles
are ready for shipment.
F.9 152.242-710 Protected Shipment (AUG 1996)
(a) In the event any material or items are, or may later become, SECRET or
CONFIDENTIAL, and when the size or weight of such material or items
classified SECRET or CONFIDENTIAL makes shipment by registered mail
impractical, commercial shipment shall be made as directed by the Contracting
Officer. The material must be securely crated and banded and, prior to
shipment, the Contractor shall advise the Contracting Officer of:
(1) the date the material shall be shipped;
(2) the approximate date of arrival; and
(3) the approximate weight, size, and number of cartons.
(b) Bulk shipments of TOP SECRET material shall be made only after the
Contractor notifies the Contracting Officer that the material is ready for
shipment and requests specific instructions regarding such shipment.
F.10 152.242-711 Shipping Instructions - COTR Directed (AUG 1996)
Deliverable reports and data submissions shall be delivered in accordance
with instructions to be provided by the Contracting Officer's Technical
Representative (COTR).
In the event deliverable items are classified TOP SECRET, SI/TK or other
compartmented categories they shall be sent through Government approved
courier channels to [ TBD ]. Other contract documentation or
noncompartmented classification through SECRET may be forwarded by registered
mail to [ TBD ].
F.12 152.242-714 Personal Delivery (AUG 1996)
In the event any item under this contract is personally delivered to the
COTR, the Contractor shall obtain a signed receipt in duplicate from the
COTR. One copy of the receipt shall be attached to the Contractor's invoice
submitted for payment for such item(s). Failure to do so may result in
delayed payment.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 152.204-717 Settlement - Cost Type Contracts (JUN 2002)
Upon completion of the subject contract, the Contractor shall submit the
following documents:
(a) Level-of-Effort Certification (if applicable, breakdown by labor category
and hours expensed) (Three (3) copies required)
(b) Electronic Funds Transfer Information (EFT) - The submission of this
information is required to keep our payment database current. (One (1) copy
required)
(c) Final Government Furnished Property/Contractor Acquired Property
(GFP/CAP) Statement - Disposition of Government Property (One (1) copy
required)
(d) Final Patent and Royalty Statement (in accordance with FAR 52.227-11,
52.227-12, and 52.227-13, as appropriate) (One (1) copy required)
(e) Final Voucher (also referred to as Final Cumulative Claim and
Reconciliation [FCCR]). Once final annual indirect expense rates have been
established or the contractor wishes to use approved quick-close rates,
Contractor shall submit a "FINAL" voucher. The receipt of an invoice marked
"FINAL" shall initiate the settlement of this contract. (Three (3) copies
required)
One set of closeout documentation (a), (b), (c), and (d) shall be mailed,
postage prepaid, to the Contracting Officer at the address on page 1 of this
contract.
One complete set of closeout documentation shall be mailed, postage prepaid,
to:
Unclassified Address
Contract Settlement
2A039 ND1
Washington, DC 20505
(703) 613-9746
If you have any questions in regard to the closeout procedure, please contact
the settlements office directly.
G.2 152.232-717 Invoicing and Payment Instructions (General) - Unclassified
Association (JUN 2002)
Invoices may be mailed to the following payment office:
Commercial Claims Officer
Post Office Box 70967
Southwest Station
Washington, DC 20024-0967
Room 1N330, Attn: Kevin Hall.
serving to accomplish the technical objectives and requirements of the
contract. In addition and unless specified elsewhere in this contract, the
authority of the designated representative is specifically limited to the
technical administration of this contract and the inspection of supplies
being produced, services being provided or work being performed to assess
compliance with the scope, estimated cost (if Cost-Reimbursement), schedule
and technical requirements of the contract.
(b) Designation. Designation of a Contracting Officer's Technical
Representative (COTR) will be accomplished by issuance of a letter signed by
the Contracting Officer. Two copies of the letter, with reference to this
clause, will be provided to the Contractor. The Contractor will acknowledge
both the receipt of the designation and its understanding of the limited
authority specified herein, by signing and returning a copy of the letter to
the address indicated.
(c) Notification. The Contracting Officer is the only representative of the
Government authorized to negotiate, enter into, modify or take any other
action with respect to this contract. Therefore, no other employee or
representative of the Government has the authority to initiate a course of
action which may alter the terms of this contract. All revisions to
specifications, requirements or informal commitments which may involve a
change in either the total cost/price, scope, delivery schedule or legal
aspects of this contract must be accomplished by change order or supplemental
agreement, to be negotiated and signed by the Contracting Officer. Should any
action by Government personnel (other than the Contracting Officer) imply a
commitment on the part of the Government, which would effect the terms of
this contract, the Contractor must notify the Contracting Officer and obtain
approval prior to proceeding. Otherwise, the Contractor proceeds at its own
risk.
G.5 152.242-718 Novation/Change-of-Name Notification Requirement (JUN 2002)
(a) For the purposes of this contract, any transfer of the contractor's
assets to a third party, or change to the contractor's name, that fall under
FAR 42.12, will be processed in a centralized manner by the staff at the
following address:
Office of the Procurement Executive
CFO/OPE/PES
OHB 1B27
Washington, DC 20505
Secure Fax: (703) 482-9781
Unclassified Fax: (703) 482-9777
(b) Until the settlement of this contract is completed, the Contractor shall
provide written notification to this staff via facsimile within (30) thirty
days of any fore-mentioned changes. Along with details of the change, your
notification shall provide a point of contact name, title, clearance level,
and phone and fax numbers.
(c) After receiving this notification, your designee will receive a letter
with instructions to assist in the preparation of the novation/change-of-name
package. Our organization will typically recognize Other Government Agency
(OGA) Agreements; however, we have unique security requirements that must be
addressed prior to formally accepting these agreements.
(d) You are reminded that you must continue to invoice under your former
name on existing contracts until this Agency accepts your novation and/or
change-of-name agreement by issuance of a letter recognizing the agreement.
In addition, you are NOT authorized to request changes to your banking
information to recognize a successor company on existing contracts until this
Agency accepts your novation and/or change-of-name agreement. Any delays in
submitting the required information may impact your ability to invoice.
(e) A submission of a novation or name change agreement does not guarantee
approval by this organization and if a change is deemed unacceptable, the
contractor will remain under contractual obligation to perform. The contract
may be terminated for reasons of default should the contractor not perform.
G.6 152.245-700 Government Property (Nonscheduled) (AUG 1996)
(a) The following clause is incorporated by reference:
[X] 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or
Labor-Hour Contracts.)
(b) Government furnished property shall be provided under this contract.
Under the FAR clause reference above, the Government shall deliver to the
Contractor the property identified in the TBD for use in the performance of
this contract or such other contract(s) as may be authorized by the
Contracting Officer, in the quantities and at the times specified.
(c) The contractor shall verify the quantity and condition of the property
identified above immediately upon receipt. Shortages and/or damaged or
defective property shall be promptly reported to the Contracting Officer
after having a confirming inspection thereof made by a designated
representative of the Contracting Officer. The Contractor may also request a
confirming inspection by the carrier's representative where it considers the
damage to be attributable, in some degree, to the carrier.
(d) When deemed necessary, a representative of the Contracting Officer will
be present to inspect the condition of the property prior to packaging
thereof for return to the Government. In order to accommodate this inspection
requirement, the Contractor shall provide the Contracting Officer with at
least 24 hours' prior notice so that personnel may be assigned for these
examinations.
(e) The contractor's property control system shall provide annually the total
acquisition cost for Government property for which the contractor is
accountable under this contract, including Government property at
subcontractor's plants and alternate locations. The contractor's annual
report shall be prepared on a form provided by the Property Administrator and
submitted no later than the date prescribed by the Property Administrator.
(f) All inquiries regarding the issuance and disposition of the above
property should be directed to the Contracting Officer. Note: The provision
for reporting property at the completion or termination of a contract is
contained in the standard FAR clauses that must be incorporated into the
contract by reference. Standard FAR clauses 52.245-2 and 52.245-5 state that
the contractor "shall comply with FAR subpart 45.5 as in effect on the date
of this contract."
G.7 152.245-704 Government-Furnished Property, Facilities And Services (AUG
1996)
52.245-5 Government Property (Cost-Reimbursement, Time and Material, or
Labor-Hour Contracts).
(b) Under the contract FAR clause for Government-Furnished Property, and at
no expense to the Contractor, the Government shall provide the property,
facilities and/or services identified below, for use in the performance of
this contract or other such contract(s) as may be authorized by the
Contracting Officer.
Where applicable, the Government will provide desk space, phone(s), computer
and office supplies.
(c) The contractor's property control system shall provide annually the total
acquisition cost for Government property for which the contractor is
accountable under this contract, including Government property at
subcontractor's plants and alternate locations. The contractor's annual
report shall be prepared on a form provided by the Property Administrator and
submitted no later than the date prescribed by the Property Administrator.
(d) All inquiries regarding the issuance and disposition of the above
property should be directed to the Contracting Officer. Note: The provision
for reporting property at the completion or termination of a contract is
contained in the standard FAR clauses that must be incorporated into the
contract by reference. Standard FAR clauses 52.245-2 and 52.245-5 state that
the contractor "shall comply with FAR subpart 45.5 as in effect on the date
of this contract."
(a) For the purposes of this contract, property administration authority is
delegated to the Agency Property Administrator.
(b) The Contractor shall maintain adequate property control procedures and
records and a system of identification of all Government property whether
Government Furnished Property (GFP) or Contractor Acquired Property (CAP).
(c) The Contractor shall designate a property administrator for establishing
and maintaining control over Government Property accountable to this contract
in accordance with FAR Part 45. The Contractor shall provide written
notification of the name and telephone number of the designated property
administrator to the Agency Property Administrator at the address indicated
below, within thirty (30) days after receipt of this contract.
Contract Settlement
2A039 ND1
Washington, DC 20505
Attn: Property Administrator
703-613-9725
(d) Upon contract completion or when GFP or CAP is no longer needed for
contract performance, the Contractor shall request property disposition
instructions from the Contracting Officer.
However, the preferred method of submitting invoices to the payment office is
via facsimile (FAX) machine to the phone number that corresponds to the first
letter of the contractor's name. In the event, the number is unavailable;
the contractor may use the number of the next alpha group as an alternate.
When original invoices are transmitted via FAX, do not follow up with
additional mailed copies; doing so will result in the FAX option being made
unavailable to your company.
A -
D
(703)
613-9817
E -
K
(703)
613-9824
L -
R
(703)
613-9831
S -
Z
(703)
733-8576
The payment periods designated in the FAR provisions for Prompt Payment
contained in this contract will begin the date a proper invoice is received
in the payment office. A proper invoice must include:
(a) Name of the business concern, invoice date, and date(s) supplies
delivered or services performed.
(b) Contract, purchase order, or delivery order number. An invoice that
lacks a contract, purchase order, or delivery order number cannot be
processed for payment. No other 'authorizations' are valid or acceptable.
(c) Itemized cost elements and fee amount for both the current invoice's
costs and for the cumulative cost elements and fee amounts (for cost
reimbursable contracts); Itemized labor categories (for time and material or
labor hour contracts); Description, price, and quantity of supplies and
services actually delivered or rendered (for fixed price contracts, purchase
orders and delivery orders).
(d) Shipping and payment terms (for fixed price contracts, purchase orders,
or delivery orders).
(e) Name, title, phone number, and complete mailing address of responsible
official to whom payment is to be sent.
Notice of an apparent error, defect, or impropriety in an invoice shall be
given to the Contractor within 7 days of receipt of the invoice by the
payment office. Inquiries regarding invoices can be made to the payment
office on (703) 613-3530.
G.3 152.232-719 - Submission of Invoices (MAR 2002)
Notwithstanding the provisions of the clause of this contract at FAR 52.216-
7, Allowable Cost and Payment, invoices or requests for contract financing
payment shall be submitted not more often than once a month.
G.4 152.242-700 Authority and Designation of a Contracting Officer's
Technical Representative (COTR) (A) (AUG 1996)
(a) Authority. Performance of this contract is subject to the technical
guidance, supervision and approval of the Contracting Officer or his
designated representative. As used herein, "technical guidance" is restricted
to scientific, engineering or other technical field-of-discipline matters
directly related to the work to be performed. Such guidance may be provided
for the purposes of filling in details, clarifying, interpreting or otherwise
The association of the Sponsor with the Contractor is unclassified. The
maximum work to be performed is classified TS/SI/TK/B. The maximum
classification of reports is classified TS/SI/TK/B. The maximum
classification of hardware is classified TS/SI/TK/B. This classified
information shall be divulged only on a need to know basis, and then only to
those who have been authorized in writing by the Contracting Officer.
Correspondence originated by the contractor and/or data to be submitted, the
contents of which contain classified information shall be stamped by you with
the classification up to TS/SI/TK/B.
The attached CONTRACT DATA CLASSIFICATION GUIDE (CDCG) is incorporated into
this contract. The CDCG is not all inclusive, but serves as a guide in
connection with Contractor handling of classified materials.
(a) Contracting Officer's Security Representatives (COSR) are the designated
representatives of the Contracting Officer (CO) and derive their authorities
directly from the CO. They are responsible for certifying the Contractor's
capability for handling classified material and ensuring that customer
security policies and procedures are met. The COSR is the focal point for
the Contractor, CO, and COTR regarding security issues. The COSR cannot
initiate any course of action that may alter the terms of the contract. The
COSR for this contract is Kevin B. and can be reached on (202) 264-5934.
(b) The provisions of this clause shall apply to the extent that any aspect
of this contract is classified.
(c) The Contractor is obligated to comply with all relevant clauses and
provisions incorporated into this contract and with the "Contractor Secrecy
and Security Agreement", Form 4177, and as referenced therein, the "National
Industrial Security Program Operating Manual (NISPOM) dated January 1995 and
a special classified compartment area security manual referenced in the
contract as Addendum A, including any successor documents, revisions, or
amendments to either or both documents when furnished to the Contractor and
maintain a security program that meets the requirements of these documents.
(d) Security requirements are a material condition of this contract. This
contract shall be subject to immediate termination for default, without the
requirement for a 10-day cure notice, when it has been determined by the
Contracting Officer that a failure to fully comply with the security
requirements of this contract resulted from the willful misconduct or lack of
good faith on the part of any one of the Contractor's directors or officers,
or on the part of any of the managers, superintendents, or equivalent
representatives of the Contractor who have supervision or direction of:
(2) All or substantially all of the Contractor's operations at any one plant
or separate location in which this contract is being performed, or
(3) A separate and complete major industrial operation in connection with
the performance of this contract.
(e) When deficiencies in the Contractor's security program are noted which
do not warrant immediate default, the Contractor shall be provided a written
notice of the deficiencies and be given a period of 90 days in which to take
corrective action. If the Contractor fails to take the necessary corrective
action, the Contracting Officer may terminate the whole or any part of this
contract for default. The Contractor shall maintain and administer, in
accordance with all relevant clauses and provisions set forth or incorporated
into this contract and with a security program that meets the requirements of
these documents.
(f) When it is deemed necessary to disclose classified information to a
Subcontractor in order to accomplish the purposes of this contract, the
Contractor shall request permission of the Contracting Officer prior to such
disclosure. The Contractor agrees to include in all subcontracts all
appropriate security provisions pertaining to this contract.
(g) Classification Authority -- Executive Order 12958 dated 20 April 1995,
"Classified National Security Information," and implementation directives,
provides principles and procedures for the proper classification and
declassification of material. These principles and procedures are applicable
to classified documents or materials generated by the Contractor in
performance of this contract.
(h) Identification and Markings -- The classification of documentation shall
comply with the guidelines set forth in Executive Order 12958.
(i) In addition, each classified document shall be stamped or marked in the
lower right-hand corner of the first page (or on the inside front cover of
bound publications, provided that the overall classification is marked on the
outside cover), as follows:
CL BY: [customer contract number]
CL REASON: [ ]
DECL ON:
DRV FROM: [ ]
Derived From: (Use the classification guidance from the CDCG, i.e., MET 2-
82, COV 1-82, etc.)
(j) Each classified document shall indicate which paragraphs or, other
portions, including subjects and titles, are classified and which are
unclassified. The symbol "(TS)" for Top Secret, "(S)" for Secret, "(C)" for
Confidential, and "(U)" for Unclassified will be placed at the beginning of
the text to which it applies. Non-text portions of a document, such as
photographs, graphs, charts, and maps, will be marked in a readily
discernible manner, as will their captions.
(k) Subjects and titles should be selected so as not to require
classification. When a classified subject or title must be used, a short
title or other unclassified identifier should be assigned to facilitate
receipting and reference, if such an identifier (e.g., a report number or
registry number) will not otherwise be assigned.
(1) Downgrading and Declassification -- No classified document or material
provided by the Customer, or generated by the Contractor pursuant to the
contract, may be downgraded or declassified unless authorized in writing by
the Customer's Contracting Officer.
(m) References made to the clause entitled "Non-Publicity" -- Violations of
this clause constitute a major breach of contract and the contract may be
terminated for default, without the requirement of a 10-day cure notice.
(n) The contractor shall report all contacts described in the NISPOM section
3-Reporting Requirements as promptly as possible, but in no event later than
two business days after receipt of such knowledge to the contracting officer
or COSR.
(o) If, subsequent to the date of this contract, the security requirements
under this contract are changed by the Government, as provided in this
clause, and the security costs or time required for delivery under this
contract are thereby increased or decreased, the contract price, delivery
schedule, or both, and any other provision of this contract which may be
affected shall be subject to an equitable adjustment in accordance with the
procedures in the Changes clause of this contract.
(a) The Agency only conducts security screening on contractor personnel who
are employees of the contractor company at the time the contractor requests a
security clearance or access approval. In order to access an Agency facility,
the contractor employee must be a U.S. citizen. In order to receive a
security clearance or access approval, contractor personnel shall be U.S.
citizens and provide the following information for use in the clearance
process:
(2) "Questionnaire for National Security Positions," SF 86 for Top
Secret and Secret;
(3) An FBI fingerprint card; and
(4) Fair Credit Reporting Act Release form.
The contractor shall plan for expected attrition by advanced preparation and
submission of the aforementioned items.
(b) Those contractor personnel needing unescorted access to Government
facilities (to include Government automated information systems) and access
to sensitive compartmented information (SCI) or information classified at the
Top Secret level shall be required to have an Industrial Security Staff
Approval/Top Secret (ISSA/TS) security clearance along with any required SCI
access approvals. The granting or denial of an ISSA/TS or SCI access approval
is based on a comparison of the results of a full field background
investigation and full scope polygraph testing against the adjudicative
guidelines issued pursuant to Executive Order 12968 or other applicable law
or regulation. The adjudicative guidelines have also been adopted as an annex
to DCID 6/4; and have been incorporated by reference in Agency Regulation 10-
1. Full scope polygraph examinations cover both counterintelligence (CI) and
security issues to include involvement in illegal drug use and criminal
activity. Full scope polygraph examinations are an integral part of ISSA/TS
security screening.
(c) Those contractor personnel needing access to Top Secret or SCI material
but only limited or no access to Government facilities shall be required to
have an Industrial Security Approval/Top Secret (ISA/TS) security clearance,
along with any required SCI access approval. The granting or denial of an
ISA/TS or SCI access approval is based on a comparison of the results of a
full field background investigation and CI scope polygraph testing against
the adjudicative guidelines issued pursuant to Executive Order 12968; adopted
as an annex to DCID 6/4; and incorporated by reference in Agency Regulation
10-1.
(d) Those contractor personnel needing access to Secret material and little
or no access to Government facilities shall be required to have an Industrial
Security Approval/Secret (ISA/S) security clearance. The granting or denial
of an ISA/S is based on a comparison of the results of a more limited inquiry
(generally National Agency Checks (NAC), Local Agency Checks (LAC), and
credit checks) against the adjudicative guidelines issued pursuant to
Executive Order 12968 and incorporated by reference in Agency Regulation 10-
(e) Those contractor personnel needing unescorted access to Government
facilities and who may, as a result, receive inadvertent access to classified
material shall be required to have a Facility Access Approval (FAA). The
granting or denial of an FAA is based on a comparison of the results of a
background investigation and full scope polygraph testing against the
adjudicative guidelines issued pursuant to Executive Order 12968 and
incorporated by reference in Agency Regulation 10-1.
(f) Four and one-half years from the cleared personnel's last background
investigation, the contractor shall resubmit to the Sponsor portions one, two
and four of the clearance package to be used to re-investigate such
individuals' continued eligibility for security clearance or access approval.
(g) If portions of this work under this contract occur at Government
facilities, all Sponsor regulations and procedures that relate to security
management shall be adhered to by contractor personnel. In the event that the
development of information or material is not clearly covered by the contract
or regulations, the contractor is required to seek Government guidance
regarding its handling. Any questions that the contractor or contractor
personnel may have on the applicability of these requirements shall be
addressed to the Contracting Officer's Security Representative.
(h) Only such persons who have been authorized by the Contracting Officer of
the Contracting Officer's Technical Representative shall be assigned to this
work. In this connection, for identification purposes, the contractor will be
required to submit the name, address, place and date of birth of all
personnel who will be involved in the work hereunder. Said information will
be required not later than three (3) days in advance of the scheduled date of
such work.
(i) All contractor personnel who receive a security clearance or access
approval under the terms of this contract will be required to execute an
Agency specified secrecy agreement and/or nondisclosure agreement.
(j) The Contractor agrees to abide by all applicable Agency security
regulations governing personnel, facilities, technical, information systems,
communications, and protective programs.
The Contractor shall not use or allow to be used any aspect of this
solicitation and/or contract for publicity, advertisement purposes, or as a
reference for new business. This shall include, but, is not limited to, the
use of the terms "ISSA or ISA" or any other sponsor specific terms in any
public employment advertisements. It is further understood that this
obligation shall not expire upon completion or termination of this contract,
but will continue indefinitely. The Contractor may request a waiver or
release from the foregoing but shall not deviate therefrom unless authorized
to do so in writing by the Contracting Officer. Contractors are not required
to obtain waivers when informing offices within this Agency of contracts it
has performed or is in the process of performing provided there are no
security restrictions. Contractors may include the requirement for security
clearances up to the TS, SCI level in public employment advertisements.
H.5 152.204-704 Request for Clause Waiver Due to Security Requirements (JUL
1997)
When the Contractor, in performance of the work under this contract, finds
the requirements of any of the clauses in this contract to be in conflict
with security instructions, the Contractor shall call such conflict to the
attention of the Contracting Officer and/or COSR. The Contracting Officer may
issue a waiver in writing to:
H.6 152.204-706 Security Requirements - Software Certification (JUN 1998)
(a) The contractor certifies that it will undertake to ensure that any
software to be provided or any Government Furnished Software to be returned,
under this contract will be provided or returned free from computer virus,
which could damage, destroy, or maliciously alter software, firmware, or
hardware, or which could reveal to unauthorized persons any data or other
information accessed through or processed by the software.
(b) The contractor shall immediately inform the Contracting Officer when it
has a reasonable suspicion that any software provided or returned, to be
provided or returned, or associated with the production may cause the harm
described in paragraph (a) above.
(c) If the contractor intends to include in the delivered software any
computer code not essential to the contractual requirement, this shall be
explained in full detail to the Contracting Officer and Contracting Officer's
Technical Representative (COTR).
(d) The contractor acknowledges its duty to exercise reasonable care, to
include the following, in the course of contract performance:
(1) using on a regular basis current versions of commercially available
23
anti-virus software to guard against computer viruses when introducing
maintenance, diagnostic, or other software into computers; and
(2) prohibiting the use of non-contract related software on computers,
especially from unknown or unreliable sources.
The Contractor shall maintain an overall Security Program in accordance with
the requirements of the Contract Data Classification Guide dated 9 April
2003, which is hereby incorporated by reference and made a part hereof. All
automated information systems utilized to process project information will be
operated in accordance with the requirements of the National Industrial
Security Program Operating Manual Supplement dated February 1995, its
successor documents; or Director of Central Intelligence Directive (DCID)
6/3. Revisions to these documents, when published, will be provided to the
Contractor and will become a part hereof upon such issuance.
(a) The Contractor and its employees shall comply with the conduct
requirements in effect at the Government's work site. The Government reserves
the right to exclude or remove from the site any employee of the Contractor
or of a subcontractor whom the Government deems careless, uncooperative, or
whose continued employment on the work is deemed by the Government to be
contrary to the public interest.
(b) The Contractor shall inform its employees that the Agency has a zero
tolerance policy for harassing behavior and that it shall not be tolerated.
Any Contractor employee who is found to be culpable in incidents of
harassment shall be immediately escorted from the premises and denied further
access. This policy creates a greater burden upon the conduct of Contractor
employees. The Contractor shall emphasize this fact to its employees.
(c) Exclusion under the circumstances described in this clause shall not
relieve the Contractor from full performance of the requirements of this
contract, nor will it provide the basis for any claims against the
Government.
The Industrial Contractor who has staff-like (ISSA/TS) access, who is
currently cleared for both unescorted physical access to Agency controlled
buildings (green badge) and access to Agency automated information systems,
must submit a completed Financial Disclosure Form (FDF 444V). The FDF 444V is
available for electronic submission via Lotus Notes. Personnel with ADSN
Lotus Notes access must utilize the on-line database when filing. The
database can be accessed from the AGNS Database Catalogue under the title
Financial Disclosure Forms. The Industrial Contractor assigned to a domestic
or foreign field station will receive the FDF 444V and submission
instructions either as an attachment to a Lotus Note; a document sent via a
secure fax; a document transmitted via cable; or a form forwarded in a secure
pouch. For those that do not have access to Lotus Notes, hardcopy FDF 444V
are available from the Center for CIA Security, Financial Analysis Staff
(CCS/FAS). For more specific information, refer to CCS EB 0006-00, 3 April
UNCLASSIFIED
H.10 152.204-719 Notification of Issuance of Classified Subcontracts (DEC
2001)
(a) The contractor shall provide to the Contracting Officer written notice
of all subcontracts issued hereunder wherein any aspect of the subcontract is
classified or when directed by the Contracting Officer. The notice shall
include: (1) the name and address of the subcontractor, (2) a description of
the supplies or services that are being acquired pursuant to the subcontract,
and (3) a SF328 and KMP List as required by clause 152.204-705 of this
contract. Such notice shall be provided to the Contracting Officer within 14
days of entering into such subcontracts.
(b) For the purpose of this clause, subcontract means a contract, as defined
in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or
services for performance of the prime contract or a subcontract. It includes,
but is not limited to, purchase orders, and changes and modifications to
purchase orders.
(c) The contractor's obligations under this clause are in addition to any
other provision of this contract, if any, relating to subcontracting.
(d) The contractor shall include a similar requirement in each subcontract
issued under this contract wherein any aspect of the subcontract is
classified. Subcontractors shall submit notices through the prime contractor
to the Contracting Officer.
H.11 152.211-703 Usage of the Metric System of Measurement (SI) (AUG 1996)
(a) The metric system of measurement is the preferred system of weights and
measures for United States trade and commerce. Each Federal agency must use
the metric system of measurement in its procurements, grants and other
business-related activities to the extent economically feasible.
(b) This contract requires, unless specified otherwise, that all supplies,
components, reports, documentation, or services which are designed,
fabricated, assembled, delivered or performed under this contract shall
utilize, to the extent necessary to be competitive in and to the extent
dictated by the world marketplace, the "International System of Units" (ISU),
as established by the General Conference of Weights and Measures in 1960. The
ISU is also known as "System International (SI)" or "Metric System"; and it
is interpreted for US usage by the Department of Commerce's "Interpretation
of the International System of Units for the United States" (IISU) and
supplemented for the Federal Government's usage by the General Services
Administration's Federal Standard 376, "Preferred Metric Units of General Use
by the Federal Government."
(c) In the event there is a conflict between the IISU, Federal Standard 376,
or the contract schedule, the order of precedence in resolving the conflict
shall be the contract schedule first, followed by Federal Standard 376, the
IISU, and the ISU. The versions of these documents current as of the date of
contract award shall prevail.
H.12 152.215-719 Incorporation of Section K, Representation Certifications,
and Other Statements of Offeror (APR 1990)
SECTION K which has been completed and submitted with Contractor's proposal
dated [ TBD ] is incorporated herein by reference and made a part of this
contract.
(a) Any inconsistency in this contractual document (inclusive of documents,
provisions or exhibits referenced herein or attached hereto) shall be
resolved by giving precedence in the following order:
(3) Other provisions of the contract when attached or incorporated by
reference
(b) If a conflict or inconsistency arises out of the schedule, SOW, etc. of
this contract, the Contractor shall notify the Contracting Officer of the
conflict or inconsistency for final and unilateral resolution. Under no
circumstances will such conflicts or inconsistencies result in increases to
target cost, target fee, award fee or schedule extensions.
(a) The Contractor shall identify the key technical, management and
administrative personnel to be assigned to work under this contract:
Title
Program Manager ]
Chief Engineer ]
Chief Architect ]
(b) The personnel specified above are considered to be essential to the work
performed hereunder. Prior to diverting any of the specified individuals to
other programs, the Contractor shall provide advance notification of at least
forty-five (45) calendar days to the Contracting Officer and shall submit
resumes of the proposed substitutes in sufficient detail to permit evaluation
of the impact on the program. No diversion from the above procedure shall be
made by the Contractor without the written consent of the Contracting
Officer, provided that the Contracting Officer may ratify in writing such
diversion and such ratification shall constitute the consent of the
Contracting Officer required by this clause.
Promptly upon the establishment of firm prices for each of the subcontracts
listed below, the Contractor will submit, in such form and detail as the
Contracting Officer may reasonably require, a statement of costs incurred in
the performance of such subcontract and the firm price established therefore.
Thereupon, notwithstanding any other provisions of this contract, the
Contractor and the Contracting Officer may negotiate an equitable adjustment
in the total amount paid or to be paid under this contract to reflect such
subcontract price revision. The equitable adjustment will be evidenced by a
modification to this contract.
Travel costs incurred under this contract are allowable subject to the
limitations contained in Federal Acquisition Regulation (FAR) 31.205-46.
(a) First class airfare will not be an allowable cost under this contract.
(b) All Travel shall be non-fee bearing.
H.18 152.242-715 Contractor Performance Evaluation (JAN 1997)
(a) In accordance with FAR 42.15, and as otherwise provided by this
contract, the Contractor's performance under this contract shall be subject
to evaluation as follows:
(1) final evaluation shall be conducted for all contracts after completion
of contract performance; and
(2) interim evaluations may be conducted at the government's discretion.
(b) Past performance evaluation reports shall be retained by the Government
to provide source selection information for a period not to exceed three
years after contract completion. In accordance with FAR 9.105, the
contracting officer shall also consider relevant past performance information
when making responsibility determinations.
(c) The Contracting Officer shall provide appropriate extracted information
from the completed interim (if applicable) and final reports to the
Contractor as soon as practicable after completion of the evaluation. The
Contractor shall have a maximum of 45 calendar days after the date of the
letter forwarding the information to submit written comments, rebutting
statements, or additional information. "Day" shall mean calendar day, except
that the period will run until a day that is not a Saturday, Sunday or legal
holiday. The Government shall consider rebuttals and other information
provided by the Contractor and shall render a final determination regarding
the contractor's performance during that period of the evaluation.
(d) The performance evaluation conducted pursuant to this clause shall be
separate from the award fee determination(s) rendered under the terms of this
contract.
H.19 152.242-716 Past Performance Information - Referencing Agency Contracts
(JUL 1997)
This contract may be listed as a reference for past performance purposes in
offers submitted to agencies and organizations within the Intelligence
Community, provided the Contractor first requests and is granted a waiver
from clause 152.204-703 - Non-Publicity (JUL 1997), of this contract. Failure
to comply with this requirement may result in the Agency being unable to
respond to a reference request and may also result in a termination for
default, pursuant to paragraph (d), 152.204-701 - Security Requirements
General (JUL 1997).
(a) Purpose. The purpose of this paragraph is to establish a procedure
whereby one contractual modification will be used both to direct a change
pursuant to the "Changes" clause of this contract and to settle any question
of equitable adjustments that might arise. This procedure shall apply only to
those changes which will have no effect on the contract price, delivery
schedule, or other provisions of the contract.
(b) Procedure. When a change under the "Changes" clause is proposed, and
both parties can agree that such proposed change will not necessitate any
equitable adjustment as contemplated by said clause and this paragraph, the
Contractor shall submit a written proposal or offer to accomplish the
proposed change without an equitable adjustment. If, after receipt of the
proposal or offer, the Contracting Officer determines that no adjustment is
necessary, he or she may accept the Contractor's proposal or offer by issuing
an acceptance modification. The modification shall (i) cite this paragraph,
(ii) reference the Contractor's proposal or offer, and (iii) direct the
changes to be accomplished. The issuance of the modification shall
constitute acceptance of the Contractor's proposal or offer; shall be binding
on both parties; and shall constitute a full, complete, and final settlement
for the changes so directed.
Technical guidance provided at meetings of Working Groups established by the
Government and/or construed from the minutes of such meetings shall not
constitute authorization for the Contractor to alter the scope of this
contract. Such direction may only be given to the Contractor by the
Contracting Officer in writing through the "Changes" clause of the contract
(a) The Contracting Officer may ask the Contractor to prepare engineering
change proposals for engineering changes within the scope of this contract.
Upon receipt of a written request from the Contracting Officer, the
Contractor shall prepare and submit an engineering change proposal in
accordance with the Contracting Officer's instructions.
(b) The Contractor may initiate engineering change proposals. Contractor
initiated engineering change proposals shall include a "not to exceed" cost
or price or a "not less than" cost or price and delivery adjustment. If the
Contracting Officer orders the engineering change, the increase shall not
exceed nor the decrease be less than the "not to exceed" or "not less than"
amounts.
(c) A change proposal accepted in accordance with the Changes clause of the
contract shall not be considered an authorization to the contractor to exceed
the estimated cost in the contract schedule, unless the estimated cost is
(d) When the cost or price of the engineering change is $550,000 or more,
the Contractor shall submit
(1) A contract pricing proposal using the format in Table 15-2, Section
15.408, of the Federal Acquisition Regulation; and,
(2) At the time of agreement on cost or price, a signed Certificate of
Current Cost or Pricing Data.
(a) The initial performance period (base year plus one) may be modified to
include additional priced option periods earned on the basis of contractor
performance. Therefore, the contractor may earn up to a maximum of four
additional performance period of two years each for a total contract period
of no more than ten years.
(b) Monitoring Performance. The contractor's performance shall be
continually monitored by performance monitors whose findings are reported to
the Award Term Review Board (ATRB). The ATRB recommends award term points to
the Term Determining Official (TDO) who shall make the final award term
points decision based on the contractor's performance during the award term
evaluation period.
(c ) Award Term Plan and Performance Criteria. The Award Term Plan
specifies the evaluation periods, potential award term option periods, and
evaluation criteria.
(d) Award Term Extension. The period of performance authorized under this
contract shall be modified to reflect the TDO's decisions to add optional
award term periods resulting from contractor performance. If at any time an
option period is not exercised, the operation of the award term plan shall
cease and the performance period shall not be extended beyond the then
current completion date.
(e) The addition of any priced option period does not guarantee that the
Government will exercise that option.
H.24 AWARD FEE PROVISIONS
1. GENERAL: The Contracting Officer may unilaterally change this award fee
plan. Changes to award fee criteria will be provided to the contractor ten
(10) calendar days prior to the start of the award fee period. The
Government's fee determination, criteria, and plan are unilateral decisions
made solely at the discretion of the Government. Changes to the award fee
plan, award fee criteria, evaluation periods will be executed by modification
of the contract.
2. SELF-EVALUATION REPORT: The contractor, at its discretion, may submit a
self-evaluation report to the Contracting Officer within ten (10) calendar
days after the end of the evaluation period which the Government may use in
determining award fee. The report is an appraisal of its performance in each
award fee category, and should identify strengths and weaknesses. The self-
evaluation may not exceed fifteen (15) pages.
3. AWARD FEE: The Contractor may earn a maximum possible award fee in the
amount specified in Schedule B. The Contractor's performance will be
evaluated and fee will be awarded in accordance with the procedures, terms
and criteria set forth throughout this plan.
4. DISPOSITION OF UNEARNED AWARD FEE: Unearned award fee is that portion of
the award fee not earned during an evaluation period. The Contracting
Officer may make the following disposition of all or any portion of the
unearned award fee:
(a) Apply the unearned award fee to estimated cost. This disposition
would be accomplished by administrative modification to the contract.
(b) Deobligate and thereby remove the unearned award fee from further
consideration of payment under the terms of the contract. This disposition
would be accomplished by administrative modification to the contract.
5. GENERAL EVALUATION CATEGORIES AND CRITERIA: Recognizing that all of the
criteria within each of the evaluation categories identified below may not be
applicable to the work expected to be accomplished during any given period of
evaluation, the Government may develop individual and more specific sets of
criteria for each evaluation period.
Each evaluation category is listed in order of importance with the first
category listed as having the highest weighting to the last category having
the lowest weighting.
Excellent: Totally responsive, flexible, and proactive to changes in
direction and adapting resources to successfully deal with the changes.
Project organization consistently assures on time or early responses to all
deadlines. No adverse effect on productivity, performance or delivery.
Quality of product or service exceeds all contract requirements and exceeds
customer expectations.
Good: Very responsive and flexible to changes in direction and adapting
resources to successfully deal with the changes. Project organization
assures on time responses to short fuse deadlines in almost all cases.
Rarely is there an adverse effect on productivity, performance or delivery.
Delivered quality of product or service meets all contract requirements and
meets customer expectations.
Average: Met Contract requirements. Adjusts easily to changes on many
occasions. Little adverse effects on productivity, performance or delivery.
Quality of delivered product or service is such that the product or service
can reasonably be used and product or service meets most of the customer
expectations.
Marginal: Meets contract requirements, generally. Occasional delays or
difficulty in meeting suspenses. Overall responsiveness could be improved.
UNCLASSIFIED`--!,
Excellent: Impeccable record in meeting milestone/due dates, all of which
are completed early, unless otherwise directed by the Contracting Officer.
Good: Exemplary record in meeting milestone/due dates, many of which are
completed early.
Average: Met requirements. Schedule problems are usually identified in time
for corrective action; milestones/due dates are almost always achieved and
instances where they are not are of minor impact.
Marginal: Meets contract requirements generally, but some work may be late
or need to be redone.
Excellent: Provides extraordinarily motivated, competent and professional
personnel. Positive attitudes. Strong teamwork. Personnel need virtually
no supervision and are highly proficient in their work. The contractor
anticipates and plans for problem areas. Minimal personnel turnover.
Resources are replaced, when necessary, without impacting workload or mission
activities. Exceptionally formatted and complete reports are submitted in a
timely and accurate manner. Teams leads assemble a highly organized and
successful team in which the members provide NIMA with all needed skills and
the members demonstrate strong skills and teamwork.
Good: Cost controls are highly effective and result in considerable savings
on occasion. Costs are usually below estimates and there are no cost
overruns unless directed by NIMA due to factors beyond contractor control.
Average: Costs are in accordance with estimates and there are no cost
overruns, unless directed by NIMA due to factors beyond contractor control.
There are initiatives and tools in place to facilitate cost control.
Documentation for pricing in award term and option years, if applicable,
adequately supports the request(s) without requests for clarification and
follow-up.
Marginal: Meets contract requirements, generally but it appears some
projects could have been performed more efficiently with fewer labor hours or
lower scaled labor categories. Neglect in meeting the requirements of the
agreed labor, qualification and rates matrix.
6. AWARD FEE PERCENTAGE: The Government will use the following award fee
percentage table for the purpose of determining the amount of award fee
earned for the period evaluated. The percentage value will be multiplied by
the amount of award fee dollars made available for the period evaluated to
obtain the award fee paid to the contractor.
Adjective Rating Numerical Score and Award Fee Percent (o)
31
UNCLASSIFIED
Excellent
Good
Average
Marginal
Poor
90-100
80-89
70-79
50-69
0-49
Award
Fee Period
1
July 21, 2003 to January
21,
2004
Award
Fee Period
2
January 22, 2004 to July
20,
2004
Award
Fee Period
3
July 21, 2004 to January
21,
2005
Award
Fee Period
4
January 22, 2005 to July
20,
2005
If award term options are awarded additional award fee periods will be added.
w UNCLASSIFIED
1.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. Also, the full text
of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far/
1.2
52.202-1
Definitions.
DEC 2001
1.3
52.203-3
Gratuities.
APR 1984
1.4
52.203-5
Covenant Against Contingent Fees.
APR 1984
1.5
52.203-6
Restrictions on Subcontractor Sales
to the Government.
1.7
52.203-8
Cancellation, Rescission, and Recovery of
Funds for Illegal or Improper Activity.
JAN 1997
1.8
52.203-10
Price or Fee Adjustment for Illegal or
Improper Activity.
1.9
52.203-12
Limitation on Payments to Influence
Certain Federal Transactions.
1.10
52.204-4
Printed or Copied Double-Sided on Recycled
Paper.
AUG 2000
1.11
52.209-6
Protecting the Government's Interest When
Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment.
Price Reduction for Defective Cost or
JUL 1995
Pricing Data.
OCT 1997
1.13
52.215-12
Subcontractor Cost or Pricing Data.
OCT 1997
1.14
52.215-15
1.15
52.215-18
Reversion or Adjustment of Plans for
Postretirement Benefits (PRB) Other
Than Pensions.
1.16
52.215-21
Requirements for Cost or Pricing Data or
Information Other Than Cost or Pricing
Data - Modifications.
1.17
52.215-21
Requirements for Cost or Pricing Data or
Information Other Than Cost or Pricing
Data - Modifications. (OCT 1997) Alternate II
OCT 1997
1.18
52.216-7
Allowable Cost and Payment. (FEB 2002)
1.19
52.219-8
Utilization of Small Business Concerns.
OCT 2000
1.20
52.219-9
Small Business Subcontracting Plan Alt I.
OCT 2001
1.21
52.219-16
Liquidated Damages - Subcontracting Plan.
JAN 1999
1.22
52.222-1
Notice to the Government of Labor Disputes.
FEB 1997
1.23
52.222-2
Payment for Overtime Premiums. (JUL 1990)
(a) The use of overtime is authorized under this contract if the
overtime premium does not exceed TBD or the overtime premium is paid
for work -
1.24
52.222-21
Prohibition of Segregated Facilities.
FEB 1999
1.25
52.222-26
Equal Opportunity.
APR 2002
1.26
52.222-29
Notification of Visa Denial.
FEB 1999
1.27
52.222-35
Equal Opportunity for Special Disabled
Veterans, Veterans of the Vietnam Era,
and Other Eligible Veterans.
1.28
52.222-36
Affirmative Action for Workers with
Disabilities.
Employment Reports on Special Disabled
Veterans, Veterans of the Vietnam Era,
and Other Eligible Veterans.
JUN 1998
1.30
52.223-5
Pollution Prevention and Right-to-Know
Information.
APR 1998
1.31
52.223-6
1.32
52.223-14
Toxic Chemical Release Reporting.
OCT 2000
1.33
52.224-1
Privacy Act Notification.
APR 1984
1.34
52.224-2
Privacy Act.
APR 1984
1.35
52.225-1
Buy American Act - Supplies.
MAY 2002
1.36
52.225-13
Restrictions on Certain Foreign Purchases.
JUL 2000
1.37
52.227-1
Authorization and Consent
JUL 1995
1.38
52.227-2
Notice and Assistance Regarding Patent and
Copyright Infringement
AUG 1996
Patent Indemnity.
APR 1984
1.40
52.227-10
Filing of Patent Applications -
Classified Subject Matter.
APR 1984
1.41
52.227-11
Patient Rights-Retention by the Contractor
(Short Form)
JUN 1997
1.42
52.227-14
Rights in Data - General.(Alt II, III,V)
JUN 1987
1.43
52.227-16
Additional Data Requirements
JUN 1987
1.44
52.227-18
Rights in Data - Existing Works.
JUN 1987
1.45
52.227-23
Rights to Proposal Data (Technical). (JUN 1987)
1.46
52.230-2
APR 1998
1.47
52.230-3
Disclosure and Consistency of Cost
Accounting Practices.
APR 1998
Administration of Cost Accounting
Standards.
NOV 1999
1.49
52.232-17
Interest.
1.50
52.232-20
Limitation of Cost.
1.51
52.232-22
Limitation of Funds.
1.52
52.232-25
Prompt payment.
1.53
52.232-34
Payment by Electronic Funds Transfer -
Other than Central Contractor Registration. MAY 1999
1.54
52.233-1
Disputes. (JUL 2002) Alternate I
DEC 1991
1.55
52.233-3
Protest after Award. (AUG 1996) Alternate I JUN 1985
1.56
52.237-2
Protection of Government Buildings,
Equipment, and Vegetation.
APR 1984
Continuity of Services.
JAN 1991
Privacy or Security Safeguards.
AUG 1996
35
UNCLASSIFIED
1.59
52.242-1
Notice of Intent to Disallow Costs.
APR 1984
1.60
52.242-3
Penalties for Unallowable Costs.
MAY 2001
1.61
52.242-4
Certification of Final Indirect Costs.
JAN 1997
1.62
52.242-12
Report of Shipment (REPSHIP).
JUL 1995
1.64
52.243-2
Changes - Cost-Reimbursement
AUG 1987
Alternate II
APR 1984
1.65
52.243-7
1.66
52.244-2
Subcontracts.
AUG 1998
1.67
52.244-5
Competition in Subcontracting.
DEC 1996
1.68
52.244-6
Subcontracts for Commercial Item
MAY 2002
1.69
52.245-5
Government Property (Cost-Reimbursement,
Time-and-Material, or Labor-Hour
Contracts).
JAN 1986
1.70
52.245-19
Government Property Furnished "As Is."
APR 1984
1.71
52.249-6
Termination (Cost-Reimbursement).
SEP 1996
1.72
52.249-14
Excusable Delays.
APR 1984
1.73
52.251-1
Government Supply Sources.
APR 1984
1.74
52.252-4
Alterations in Contract.
APR 1984
1.75
52.252-6
Authorized Deviations in Clauses.
APR 1984
1.76
52.253-1
Computer Generated Forms.
JAN 1991
1.77
152.203-700
Compliance With the Constitution
and Statutes of the United
States
Nothing in this contract shall be construed to authorize any activity in
violation of the Constitution or Statutes of the United States.
Audit and Records - Negotiation
Timely Notice Of Litigation
(a) The Contractor hereby agrees to immediately give written notice to the
Contracting Officer of any anticipated or current litigation or any
litigation that may arise during the course of the performance of this
contract, that involves or in any way relates to or affects any aspect of
this contract, its terms or costs, pertinent subcontracts, or the Customer's
relationship with the Contractor or Subcontractors. Said notice shall include
all relevant information with respect thereto.
(b) The Contractor agrees to insert this requirement in any subcontract
under this contract. In the event of litigation, the Subcontractor shall
immediately notify its next tier Subcontractor or the Prime Contractor, as
the case may be, of all relevant information with respect to such litigation.
(c) The Contracting Officer shall have access to and the right to examine
any pertinent books, documents, papers and records of the Prime Contractor or
Subcontractor(s) involving customer transactions related to any contract
litigation.
(a) The Government intends to utilize the services of nongovernment
engineering organizations in technical, advisory and consulting roles for
overall technical review of the activities covered by this contract. Although
the consultants shall not have the right of technical direction, they shall
from time to time and on a frequent basis attend technical reviews,
participate in technical interchange meetings, observe national processing,
witness fabrication and assembly, and monitor testing within the Contractor
and Subcontractor facilities. Such consultants will be involved in providing
advice to the Government concerning viability of technical approaches,
utilization of acceptable procedures, value and results of tests, and the
like. The consultants will thus require access to program-related Contractor
facilities and documentation. Contractor proprietary data shall not be made
available to consultants unless and until a protection agreement has been
generated between the consultant and the Contractor and evidence of such
agreement made available to the Government. Contractor proprietary cost and
accounting data will not be available to consultant organizations.
(b) It is expressly understood that the operations of this clause will not
be the basis for an equitable adjustment.
The term "pricing adjustment" as used in paragraph (a) of the clauses
entitled "Price Reduction for Defective Cost or Pricing Data -
Modifications," "Subcontractor Cost or Pricing Data," and "Subcontractor Cost
or Pricing Data - Modifications," means the aggregate increases and/or
decreases in cost plus applicable profits.
(a) The Contractor shall comply with all applicable federal and state equal
employment opportunity laws and regulations and Agency policies and practices
with respect to equal employment opportunity and a harassment-free workplace
whenever work is being performed on federal property.
(b) If either the Contracting Officer or a designated representative of the
Agency's Office of Equal Employment Opportunity provides the Contractor
notice of noncompliance with the applicable statutory or regulatory
requirements which are enumerated in paragraph (a), the Contractor at no cost
to the Government shall promptly take appropriate action. A copy of any
documentation shall be provided to the designated representative of the
Agency's Office of Equal Employment Opportunity. If the Contractor fails or
refuses to promptly take appropriate action, the Contracting Officer may
issue an order stopping all or part of the work until such appropriate action
is taken.
(c) Nothing in this clause shall relieve the Contractor from full
performance of the requirements of this contract, nor shall it provide the
basis for any claims against the Government.
(d) The Contractor shall provide oral notification within two business days
and written notification with in five business days to the Contracting
Officer of the following.
(i)
The Contractor's receipt of a claim;
(ii)
made by a Contractor employee;
(iii)
alleging
any violation of an equal employment opportunity
requirement;
(1)
connected
to performance of this contract or;
(2)
connected
to activities occurring on Federal property.
(e) The Government may elect to conduct an investigation surrounding the
claim if it is potentially a joint employer under EEOC Notice 915.002. In all
such instances, the Contractor shall cooperate with the Government's
investigation. In accordance with applicable law and to the extent possible,
the Government shall treat all information obtained from the investigation as
information proprietary to the Contractor.
(f) The Contractor's noncompliance with the provisions of this clause may be
grounds for termination under the default provisions of this contract.
(g) The Contractor shall insert this clause, including this paragraph (g) in
all subcontracts, with appropriate changes in the designation of the parties.
The prime contractor shall provide the Contracting Officer with a copy of all
notifications made pursuant to the provisions of this clause.
1.84 152.223-704 Workplace Health and Safety (AUG 1996)
(a) The Contractor shall comply with the Occupational Safety and Health Act
of 1970 (29 U.S.C. Section 651 et seq.) and regulations promulgated
thereunder including, but not limited to, the standards issued by the
Secretary of Labor at Part 1926 and Part 1910 of Title 29 of the Code of
Federal Regulations. The Contractor shall also comply with all applicable
state occupational safety and health laws and regulations. Noncompliance
shall be grounds for termination of this contract in accordance with its
default provisions.
(b) Whenever the Contracting Officer becomes aware of any noncompliance with
these requirements or any condition which poses a serious or imminent danger
to health or safety, the Contracting Officer or the authorized representative
of the Contracting Officer shall notify the Contractor orally, with written
confirmation from the Contracting Officer, and request immediate initiation
of corrective action. This notice, when delivered to the Contractor or the
representative of the Contractor at the worksite, shall be deemed sufficient
notice of the noncompliance and that corrective action is required. After
receiving the notice, the Contractor shall immediately take corrective
action. If the Contractor fails or refuses to promptly take corrective
action, the Contracting Officer may issue an order stopping all or part of
the work until satisfactory corrective action has been taken. The Contracting
Officer or the authorized representative of the Contracting Officer may
inform the Occupational Safety and Health Administration, or other cognizant
federal, state, or local officials, of such notification. The Contractor
shall not be entitled to any equitable adjustment of the contract price or
extension of the performance schedule on any stop work order issued under
this clause.
(c) The Contractor shall insert this clause, including this paragraph (c)
in all subcontracts, with appropriate changes in the designation of the
parties. The prime contractor shall provide the Contracting Officer with a
copy of all notifications made by the prime contractor to a subcontractor
pursuant to paragraph (b) of this clause.
(a) The Contractor shall provide oral notification to the Contracting
Officer or the authorized representative of the Contracting Officer when an
accident occurs on Federal property in connection with performance of this
contract. Notification must be given not later than twenty-four (24) hours
after the accident occurs.
(b) When requested by the Contracting Officer or the authorized
representative of the Contracting Officer, the Contractor shall conduct an
investigation of the accident and shall prepare a report that identifies all
pertinent facts related to the accident. The report shall include, but not be
limited to, the underlying cause(s) of the accident and the actions the
Contractor shall take to prevent the recurrence of similar accidents. The
Contractor shall submit the report to the Contracting Officer or the
authorized representative of the Contracting Officer not later than fourteen
(14) calendar days from the date the accident occurs.
(c) The Government may elect to conduct an investigation of the accident
with the assistance of the Contractor.
(d) Compliance with the provisions of this clause shall not entitle the
Contractor to an equitable adjustment in contract price or to an extension of
performance schedule.
(e) The Contractor shall incorporate this clause, including this paragraph
(e), in all subcontracts, with appropriate changes in the designation of the
parties.
1.86 152.227-7030 Technical Data - Withholding of Payment (MAY 1994)
(Modified)
(a) If technical data specified to be delivered under this contract, is not
delivered within the time specified by this contract or is deficient upon
delivery (including having restrictive markings not specifically authorized
by this contract), the Contracting Officer may until such data is accepted by
the Government, withhold payment to the Contractor of five percent (5%) of
the total contract price or amount unless a lesser withholding is specified
in the contract. Payments shall not be withheld nor any other action taken
pursuant to this paragraph when the Contractor's failure to make timely
delivery or to deliver such data without deficiencies arises out of causes
beyond the control and without the fault or negligence of the Contractor.
(b) After payments total ninety-five percent (95%) of the total contract
price or amount and if all technical data specified to be delivered under
this contract has not been accepted, the Contracting Officer may withhold
from further payment such sum as the Contracting Officer considers
appropriate, unless a lesser withholding limit is specified in the contract.
(c) The withholding of any amount or subsequent payment to the Contractor
shall not be construed as a waiver of any rights accruing to the Government
under this contract.
If federal, state, or local tax officials request access to information
under this contract, the contractor shall immediately notify the Contracting
Officer. The contractor shall also request that the tax officials identify,
in writing, the specific information sought for review and shall forward the
response and any related documentation to the Contracting Officer. Failure to
provide notice to the Contracting Officer may be grounds for denying a
cost/price adjustment for the resulting tax liability, if an adjustment is
otherwise authorized by law and the terms of this contract.
The Contractor's personnel shall at all times be considered and recognized
as employees of the Contractor and under the Contractor's control. In order
to ensure that the services defined in the Statement of Work are
satisfactorily performed, the Contracting Officer, or designee, shall issue
directions and requirements concerning the work to the designated supervisory
personnel of the Contractor who shall, in turn, ensure that the requested
services are performed in a manner satisfactory to such Contracting Officer
or designee.
(a) FAR Clause 52.245-5, Government Property (Cost-Reimbursement, Time-and-
Material, or Labor-Hour Contracts) is modified only as indicated below:
(g)(5) The contractor shall notify the contracting officer upon loss or
destruction of, or damage to, Government property provided under this
contract with the exception of low-value property for which loss, damage, or
destruction is reported at contract termination, completion, or when needed
for continued contract performance. The contractor shall take all reasonable
action to protect the Government property from further damage, separate the
damaged and undamaged Government property, put all the affected Government
property in the best possible order, and furnish to the Contracting officer a
statement of--
(b) All other parts of FAR clause 52.245-5 remain unchanged.
1.90 152.252-700 Clauses Requiring Access by Other Government Entities
(AUG 1996)
Several clauses in this contract require access by, or require reporting to,
other Federal agencies to the Contractor's records for compliance
determinations or other reviews. To the extent any such review involves this
contract, the Contractor shall obtain the Contracting officer's written
permission or guidance before participating in any such review or
determination.
Attachment 1 - Statement of Work entitled Enterprise
Engineering Contract dated 9 April 2003
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR QUOTERS
K.1 52.203-11 Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions. APR 1991
"Common parent," as used in this provision, means that corporate entity
that owns or controls an affiliated group of corporations that files
its Federal income tax returns on a consolidated basis, and of which
the offeror is a member.
"Taxpayer Identification Number (TIN),"as used in this provision, means
the number required by the Internal Revenue Service (IRS) to be used by
the offeror in reporting income tax and other returns. The TIN may be
either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d)
through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
issued by the IRS. If the resulting contract is subject to the payment
reporting requirements described in Federal Acquisition Regulation
(FAR) 4.904, the failure or refusal by the offeror to furnish the
information may result in a 31 percent reduction of payments otherwise
due under the contract.
(c) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
TIN:
TIN has been applied for.
TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have
an office or place of business or a fiscal paying agent in the United
States;
Offeror is an agency or instrumentality of a foreign government;
Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
UNCLASSIFIED
Sole proprietorship;
Partnership;
Corporate entity (not tax-exempt);
Corporate entity (tax-exempt);
Government entity (Federal, State, or local);
Foreign government;
International organization per 26 CFR 1.6049-4;
Other
(f) Common parent.
[ ] Offeror is not owned or controlled by a common parent as defined in
paragraph (a) of this provision.
[ ] Name and TIN of common parent:
Name
TIN
(b) Representation. [Complete only if the offeror is a women-owned business
concern and has not represented itself as a small business concern in
paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of
this solicitation.] The offeror represents that it * is a women-owned
business concern.
K.4 52.209-5 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters. (DEC 2001)
(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that -
(i) The Offeror and/or any of its Principals -
(A) Are * are not * presently debarred, suspended,
proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency;
(B) Have [*J have not [*], within a three-year period
preceding this offer, been convicted of or had a
civil judgment rendered against them for: commission
of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a
public (Federal, state, or local) contract or
subcontract; violation of Federal or state antitrust
statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, tax evasion, or receiving stolen
property; and
(C) Are [*] are not [*J presently indicted for, or
otherwise criminally or civilly charged by a
governmental entity with, commission of any of the
offenses enumerated in paragraph (a)(1)(i)(B) of this
provision.
(ii) The Offeror has [ ] has not [ 1, within a three-year
period preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having
primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a
subsidiary, division, or business segment, and similar
positions).
This Certification Concerns a Matter Within the Jurisdiction of
an Agency of the United States and the Making of a False,
Fictitious, or Fraudulent Certification May Render the Maker
Subject to Prosecution Under Section 1001, Title 18, United
States Code.
(b) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the
Offeror learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.
(e)The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making
award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract
resulting from this solicitation for default.
(a) The offeror or respondent, in the performance of any contract
resulting from this solicitation, [ ] intends, [ ] does not intend
[check applicable block] to use one or more plants or facilities
located at a different address from the address of the offeror or
respondent as indicated in this proposal or response to request for
information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:
Place of Performance Name and Address of Owner
(Street Address, City, and Operator of the Plant
State, County, Zip Code) or Facility if Other than
Offeror or Respondent
(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is [insert NAICS code].
(3) The small business size standard for a concern which submits
an offer in its own name, other than on a construction or service
contract, but which proposes to furnish a product which it did
not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer
that it [ ] is, [ ] is not a small business concern.
(2) [Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.] The
offeror represents, for general statistical purposes, that it [ ]
is, [ ] is not, a small disadvantaged business concern as defined
in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.] The
offeror represents as part of its offer that it [ ] is, [ ] is
not a women-owned small business concern.
(4) [Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.] The
offeror represents as part of its offer that it [ ] is, [ ] is
not a veteran-owned small business concern.
(5) [Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (b)(4) of this
provision.] The offeror represents as part of its offer that it [
] is, [ ] is not a service-disabled veteran-owned small business
(6) [Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.] The
offeror represents, as part of its offer, that-
(i) It [ ] is, [ ] is not a HUBZone small business concern
listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material change in
ownership and control, principal office, or HUBZone
employee percentage has occurred since it was certified by
the Small Business Administration in accordance with 13 CFR
part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies
with the requirements of 13 CFR part 126, and the
representation in paragraph (b)(6)(i) of this provision is
accurate for the HUBZone small business concern or concerns
that are participating in the joint venture. [The offeror
shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint
venture: .] Each HUBZone small business concern
participating in the joint venture shall submit a separate
signed copy of the HUBZone representation.
(c) Definitions. As used in this provision -
"Service-disabled veteran-owned small business concern" -
(1) Means a small business concern -
(i) Not less than 51 percent of which is owned by one or
more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the
stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which
are controlled by one or more service-disabled veterans or,
in the case of a veteran with permanent and severe
disability, the spouse or permanent caregiver of such
veteran.
(2) Service-disabled veteran means a veteran, as defined in 38
U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR part 121 and the size
standard in paragraph (a) of this provision.
(1) Not less than 51 percent of which is owned by one or more
47
veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are
controlled by one or more veterans.
(1) That is at least 51 percent owned by one or more women; or in
the case of any publicly owned business, at least 51 percent of
the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled
by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the
clause in this solicitation providing notice of the set-aside contains
restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's
status as a small, HUBZone small, small disadvantaged, or women-
owned small business concern in order to obtain a contract to be
awarded under the preference programs established pursuant to
section 8(a), 8(d), 9, or 15 of the Small Business Act or any
other provision of Federal law that specifically references
section 8(d) for a definition of program eligibility, shall -
(i) Be punished by imposition of fine, imprisonment, or
both;
(ii) Be subject to administrative remedies, including
suspension and debarment; and
(iii) Be ineligible for participation in programs conducted
under the authority of the Act.
K.7 52.222-25 Affirmative Action Compliance. (APR 1984)
(a) It [ ] has developed and has on file, [ ] has not
developed and does not have on file, at each
establishment, affirmative action programs required
by the rules and regulations of the Secretary of
Labor (41 CFR 60-1 and 60-2); or
(b) It [ ] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.
K.8 52.222-38 Compliance with Veterans' Employment Reporting
Requirements. DEC 2001
(a) The offeror certifies that each end product, except those listed in
paragraph (b) of this provision, is a domestic end product as defined
in the clause of this solicitation entitled "Buy American Act -
Supplies" and that the offeror has considered components of unknown
origin to have been mined, produced, or manufactured outside the United
States. The offeror shall list as foreign end products those end
products manufactured in the United States that do not qualify as
domestic end products.
Line Item No Country of Origin
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies
and procedures of Part 25 of the Federal Acquisition Regulation.
(a) Cost or charges for royalties. When the response to this
solicitation contains costs or charges for royalties totaling more than
$250, the following information shall be included in the response
relating to each separate item of royalty or license fee:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers, or other
basis on which the royalty is payable.
(4) Brief description, including any part or model numbers of
each contract item or component on which the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically requested
by the Contracting Officer before execution of the contract, the
offeror shall furnish a copy of the current license agreement and an
identification of applicable claims of specific patents.
The Government is obligated to pay a royalty applicable to the proposed
49
acquisition because of a license agreement between the Government and the
patent owner. The patent number is [Contracting Officer fill in], and the
royalty rate is [Contracting Officer fill in]. If the offeror is the owner
of, or a licensee under, the patent, indicate below:
If an offeror does not indicate that it is the owner or a licensee of the
patent, its offer will be evaluated by adding thereto an amount equal to the
royalty.
K.12 52.227-15 Representation of Limited Rights Data and Restricted Computer
Software. (MAY 1999)
(a) This solicitation sets forth the work to be performed if a contract
award results, and the Government's known delivery requirements for
data (as defined in FAR 27.401). Any resulting contract may also
provide the Government the option to order additional data under the
Additional Data Requirements clause at 52.227-16 of the FAR, if
included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data - General clause at
52.227-14 that is to be included in this contract. Under the latter
clause, a Contractor may withhold from delivery data that qualify as
limited rights data or restricted computer software, and deliver form,
fit, and function data in lieu thereof. The latter clause also may be
used with its Alternates II and/or III to obtain delivery of limited
rights data or restricted computer software, marked with limited rights
or restricted rights notices, as appropriate. In addition, use of
Alternate V with this latter clause provides the Government the right
to inspect such data at the Contractor's facility.
(b) As an aid in determining the Government's need to include Alternate
II or Alternate III in the clause at 52.227-14, Rights in Data -
General, the offeror shall complete paragraph (c) of this provision to
either state that none of the data qualify as limited rights data or
restricted computer software, or identify, to the extent feasible,
which of the data qualifies as limited rights data or restricted
computer software. Any identification of limited rights data or
restricted computer software in the offeror's response is not
determinative of the status of such data should a contract be awarded
to the offeror.
(c) The offeror has reviewed the requirements for the delivery of data
or software and states [offeror check appropriate block] -
[ ] None of the data proposed for fulfilling such requirements qualifies as
limited rights data or restricted computer software.
[ ] Data proposed for fulfilling such requirements qualify as limited rights
data or restricted computer software and are identified as follows:
Note: "Limited rights data" and "Restricted computer software" are defined in
the contract clause entitled "Rights in Data - General."
Note: This notice does not apply to small businesses or foreign governments.
This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in
order to determine Cost Accounting Standards (CAS) requirements applicable to
any resultant contract.
If the offeror is an educational institution, Part II does not apply unless
the contemplated contract will be subject to full or modified CAS coverage
pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
(a) Any contract in excess of $500,000 resulting from this solicitation
will be subject to the requirements of the Cost Accounting Standards
Board (48 CFR Chapter 99), except for those contracts which are exempt
as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result
in a contract subject to the requirements of 48 CFR Chapter 99 must, as
a condition of contracting, submit a Disclosure Statement as required
by 48 CFR 9903.202. When required, the Disclosure Statement must be
submitted as a part of the offeror's proposal under this solicitation
unless the offeror has already submitted a Disclosure Statement
disclosing the practices used in connection with the pricing of this
proposal. If an applicable Disclosure Statement has already been
submitted, the offeror may satisfy the requirement for submission by
providing the information requested in paragraph (c) of Part I of this
provision.
Caution: In the absence of specific regulations or agreement, a practice
disclosed in a Disclosure Statement shall not, by virtue of such disclosure,
be deemed to be a proper, approved, or agreed-to practice for pricing
proposals or accumulating and reporting contract performance cost data.
[[ ]] (1) Certificate of Concurrent Submission of Disclosure
Statement. The offeror hereby certifies that, as a part of the
offer, copies of the Disclosure Statement have been submitted as
follows:
(i) Original and one copy to the cognizant Administrative
Contracting Officer (ACO) or cognizant Federal agency
official authorized to act in that capacity (Federal
official), as applicable; and
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms
may be obtained from the cognizant ACO or Federal official and/or from the
loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: [Name and Address of Cognizant ACO or Federal
Official Where Filed:]
The offeror further certifies that the practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.
[[ ]] (2) Certificate of Previously Submitted Disclosure
Statement. The offeror hereby certifies that the required
Disclosure Statement was filed as follows:
Date of Disclosure Statement: [ ]
Name and Address of Cognizant ACO or Federal Official Where Filed: [ ]
The offeror further certifies that the practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the applicable Disclosure Statement.
[[ ]] (3) Certificate of Monetary Exemption. The offeror hereby
certifies that the offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts
subject to CAS totaling $50 million or more in the cost
accounting period immediately preceding the period in which this
proposal was submitted. The offeror further certifies that if
such status changes before an award resulting from this proposal,
the offeror will advise the Contracting Officer immediately.
[[ ]] (4) Certificate of Interim Exemption. The offeror hereby
certifies that (i) the offeror first exceeded the monetary
exemption for disclosure, as defined in (3) of this subsection,
in the cost accounting period immediately preceding the period in
which this offer was submitted and (ii) in accordance with 48 CFR
9903.202-1, the offeror is not yet required to submit a
Disclosure Statement. The offeror further certifies that if an
award resulting from this proposal has not been made within 90
days after the end of that period, the offeror will immediately
submit a revised certificate to the Contracting Officer, in the
form specified under subparagraph (c)(1) or (c)(2) of Part I of
this provision, as appropriate, to verify submission of a
completed Disclosure Statement.
Caution: Offerors currently required to disclose because they were awarded a
CAS-covered prime contract or subcontract of $50 million or more in the
current cost accounting period may not claim this exemption (4). Further, the
exemption applies only in connection with proposals submitted before
expiration of the 90-day period following the cost accounting period in which
the monetary exemption was exceeded.
II. Cost Accounting Standards - Eligibility for Modified Contract Coverage
If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-
2(b) and elects to do so, the offeror shall indicate by checking the box
below. Checking the box below shall mean that the resultant contract is
subject to the Disclosure and Consistency of Cost Accounting Practices
clause in lieu of the Cost Accounting Standards clause.
[[ ]] The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies
that the offeror is eligible for use of the Disclosure and Consistency of
Cost Accounting Practices clause because during the cost accounting period
immediately preceding the period in which this proposal was submitted, the
offeror received less than $50 million in awards of CAS-covered prime
contracts and subcontracts. The offeror further certifies that if such status
changes before an award resulting from this proposal, the offeror will advise
the Contracting Officer immediately.
Caution: An offeror may not claim the above eligibility for modified contract
coverage if this proposal is expected to result in the award of a CAS-covered
contract of $50 million or more or if, during its current cost accounting
period, the offeror has been awarded a single CAS-covered prime contract or
subcontract of $50 million or more.
III. Additional Cost Accounting Standards Applicable to Existing Contracts
The offeror shall indicate below whether award of the contemplated contract
would, in accordance with subparagraph (a)(3) of the Cost Accounting
Standards clause, require a change in established cost accounting practices
affecting existing contracts and subcontracts.
K.14 52.230-1 Cost Accounting Standards Notices and Certification. (JUN 2000)
Alternate I (APR 1996)
Note: This notice does not apply to small businesses or foreign governments.
This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in
order to determine Cost Accounting Standards (CAS) requirements applicable to
any resultant contract.
If the offeror is an educational institution, Part II does not apply unless
the contemplated contract will be subject to full or modified CAS coverage
pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. Disclosure Statement - Cost Accounting Practices and Certification
(a) Any contract in excess of $500,000 resulting from this solicitation
will be subject to the requirements of the Cost Accounting Standards
Board (48 CFR Chapter 99), except for those contracts which are exempt
as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result
in a contract subject to the requirements of 48 CFR Chapter 99 must, as
a condition of contracting, submit a Disclosure Statement as required
by 48 CFR 9903.202. When required, the Disclosure Statement must be
submitted as a part of the offeror's proposal under this solicitation
unless the offeror has already submitted a Disclosure Statement
disclosing the practices used in connection with the pricing of this
proposal. If an applicable Disclosure Statement has already been
submitted, the offeror may satisfy the requirement for submission by
providing the information requested in paragraph (c) of Part I of this
Caution:
In
the absence of specific regulations or agreement, a practice
disclosed
in
a Disclosure Statement shall not, by virtue of such disclosure,
be deemed
to
be a proper, approved, or agreed-to practice for pricing
proposals
or
accumulating and reporting contract performance cost data.
[[ ] ] (1) Certificate of Concurrent Submission of Disclosure
Statement. The offeror hereby certifies that, as a part of the
offer, copies of the Disclosure Statement have been submitted as
follows:
(i) Original and one copy to the cognizant Administrative
Contracting Officer (ACO) or cognizant Federal agency
official authorized to act in that capacity (Federal
official), as applicable; and
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms
may be obtained from the cognizant ACO or Federal official and/or from the
loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: [Name and Address of Cognizant ACO or Federal
Official Where Filed:]
The offeror further certifies that the practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.
[[ ]] (2) Certificate of Previously Submitted Disclosure
Statement. The offeror hereby certifies that the required
Disclosure Statement was filed as follows:
Date of Disclosure Statement: [ ]
Name and Address of Cognizant ACO or Federal Official Where Filed: [ ]
The offeror further certifies that the practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the applicable Disclosure Statement.
[[ ]] (3) Certificate of Monetary Exemption. The offeror hereby
certifies that the offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts
subject to CAS totaling $50 million or more in the cost
accounting period immediately preceding the period in which this
proposal was submitted. The offeror further certifies that if
such status changes before an award resulting from this proposal,
the offeror will advise the Contracting Officer immediately.
[[ ]] (4) Certificate of Interim Exemption. The offeror hereby
certifies that (i) the offeror first exceeded the monetary
exemption for disclosure, as defined in (3) of this subsection,
in the cost accounting period immediately preceding the period in
which this offer was submitted and (ii) in accordance with 48 CFR
9903.202-1, the offeror is not yet required to submit a
Disclosure Statement. The offeror further certifies that if an
award resulting from this proposal has not been made within 90
days after the end of that period, the offeror will immediately
submit a revised certificate to the Contracting Officer, in the
form specified under subparagraph (c)(1) or (c)(2) of Part I of
this provision, as appropriate, to verify submission of a
completed Disclosure Statement.
[[ ]] (5) Certificate of Disclosure Statement Due Date by
Educational Institution. If the offeror is an educational
institution that, under the transition provisions of 48 CFR
9903.202-1(f), is or will be required to submit a Disclosure
Statement after receipt of this award, the offeror hereby
certifies that (check one and complete):
[[ ]] (i) A Disclosure Statement Filing Due Date of [ ]
has been established with the cognizant Federal agency.
[[ ]] (ii) The Disclosure Statement will be submitted
within the 6-month period ending [ ] months after receipt
of this award.
Name and Address of Cognizant ACO or Federal Official
Where Disclosure Statement is to be Filed: [ ]
Caution: Offerors currently required to disclose because they were awarded a
CAS-covered prime contract or subcontract of $50 million or more in the
current cost accounting period may not claim this exemption (4). Further, the
exemption applies only in connection with proposals submitted before
expiration of the 90-day period following the cost accounting period in which
the monetary exemption was exceeded.
II. Cost Accounting Standards - Eligibility for Modified Contract Coverage
If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-
2(b) and elects to do so, the offeror shall indicate by checking the box
below. Checking the box below shall mean that the resultant contract is
subject to the Disclosure and Consistency of Cost Accounting Practices clause
in lieu of the Cost Accounting Standards clause.
[[ ]] The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies
that the offeror is eligible for use of the Disclosure and Consistency of
Cost Accounting Practices clause because during the cost accounting period
immediately preceding the period in which this proposal was submitted, the
offeror received less than $50 million in awards of CAS-covered prime
contracts and subcontracts. The offeror further certifies that if such status
changes before an award resulting from this proposal, the offeror will
advise the Contracting Officer immediately.
Caution: An offeror may not claim the above eligibility for modified contract
coverage if this proposal is expected to result in the award of a CAS-covered
contract of $50 million or more or if, during its current cost accounting
period, the offeror has been awarded a single CAS-covered prime contract or
subcontract of $50 million or more.
.,. UNCLASSIFIED
The offeror shall indicate below whether award of the contemplated contract
would, in accordance with subparagraph (a)(3) of the Cost Accounting
Standards clause, require a change in established cost accounting practices
affecting existing contracts and subcontracts.
K.15 52.237-8 Restriction on Severance Payments to Foreign Nationals.
(OCT 1995)
Security is a criterion in the evaluation of proposals received in response
to this solicitation. Participation in the Industrial Polygraph Program is a
mandatory requirement. The polygraph coverage under this program consists of
counterintelligence issues and lifestyle polygraph interview for an ISSA/TS
and a counterintelligence issue polygraph for an ISA/TS. Please indicate your
willingness to participate in this Industrial Polygraph Program by checking
the appropriate box below.
[ ] Will Participate
[ ] Will Not Participate
K.18 152.211-702 Certification of Metric Measurement System (SI) Usage (AUG
1996)
The metric system of measurement is the preferred system of weights and
measures for United States trade and commerce. Each Federal agency must use
the metric system of measurement in its procurements, grants, and other
business-related activities to the extent economically feasible.
Unless this solicitation specifies otherwise, the Offeror certifies by
signing this offer that the supplies, components, reports, documentation, or
services to be designed, fabricated assembled, delivered or performed under
the contract are in accordance with the "International System of Units (SI)",
or the "Metric System", as defined by clause 152.211-703 of this contract.
UNCLASSIFIED
ENTERPRISE ENGINEER
RFP
Sections L&M
April 9, 2003
Instructions, Conditions, and
Notices to Offerors
UNCLASSIFIED(
SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 General
To compete for the Contract described in this Request for Proposal (RFP), the Offeror must
submit a proposal that consists of the following: (1) a Cover Letter/Offer Volume, (2)
Management Volume, (3) Technical (Oral Presentation) Volume, (4) a Past Performance
Volume, (5) a Cost Volume, and (6) a Security Plan Volume.
Please note that, when the Government evaluates the Offeror's proposal, it will consider how
well the Offeror complied with these instructions. The Government will consider any failure to
comply with these instructions to be indicative of what could be expected from the Offeror
during Contract performance. Please contact the Contracting Officer (appelj@nima.mil) for
elaboration of any part of these instructions.
L.2 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same
force and effect as if they were given in full text. Upon request, the Contracting Officer will
make their full text available. The Offeror is cautioned that the listed provisions may include
blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of
submitting the full text of those provisions, the Offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or offer. Also, the full text
of a solicitation provision may be accessed electronically at this/these address(es):
http://www.amet.gov/far/
NOTICE: Pursuant to FAR subpart 52.252-1 "Solicitation Provisions Incorporated by
Reference" the following contract clauses are hereby incorporated herein by reference:
NUMBER
TITLE
52-232-38
Submission of Electronic Funds Transfer
(MAY 1999)
52.215-1
Information with Offer.
Instructions to Offerors - Competitive Acquisition
(MAY 2001)
L.3 52.211-14 Notice of Priority Rating for National Defense Use (Sep 1990)
Any contract awarded as a result of this solicitation will be a DO rated order certified for
national defense use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700),
and the Contractor will be required to follow all of the requirements of this regulation.
L.4 Organizational Conflict of Interest
The prime contractor for the GeoScout effort is prohibited from performing as the prime
contractor for the Enterprise Engineer effort. Furthermore, the GeoScout prime contractor is
restricted to performing substantially less than 50% of the Enterprise Engineering subcontracting
effort. Contractors will be required to submit Organizational Conflict of Interest (OCI) plans to
mitigate the potential conflict caused by any contract team overlap.
L.5 52.216-1 Type of Contract (Apr 1984)
The Government contemplates awarding a Cost Plus Award Fee (CPAF)/Award Term Level
of Effort contract resulting from this solicitation.
The resultant contract will consist of two Award Fee Incentive Arrangements as well as an
Award Term Incentive Arrangement.
One Award Fee arrangement will be used primarily to motivate the desired level of Enterprise
Engineer interaction and cooperation with other elements within and external to NIMA (i.e.
GeoScout, NJVC etc.).
The other Award Fee arrangement will be used to motivate the Enterprise Engineer contractor's
progress in achieving the overall goals of the Enterprise Engineer Statement of Work (SOW).
The Award Term arrangement will identify the criteria and timing the Government will use to
determine Award Term extensions to the Enterprise Engineer contract.
UNCLASSIFIED
Informational Award
. Term Session
EE Award Term Timeline
.Award Term
Evaluation
Award Term
. Evaluation
mom Base r Base Yr 2 Year I Year 2
Award Term
Eval & Announce
Term Yrs 1-2
.Award Term
Evaluation
A Award Term
Eval & Announce
Term Yrs 3-4
.Award Term
Evaluation
Year 3 Year 4 Year 5 Year 6
Award Term
Aw
Eval & Announce
Ev
Term Yrs 5-6
Te
Year
Year 8
*The information displayed by this chart is notional
L.6 52.233-2 Service of Protest (Aug 1996)
New Contract
ard Term
al & Announce
rm Yrs 7-8
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the General
Accounting Office (GAO), shall be served on the Contracting Officer (addressed as
follows) by obtaining written and dated acknowledgement of receipt from Jean Appel,
ACA, National Imagery and Mapping Agency, MS P-65, 12310 Sunrise Valley Drive,
Reston, VA 22091-3449 and, General Counsel, MS D-10, National Imagery and
Mapping Agency, 4600 Sangamore Road, Bethesda, MD 20816.
The copy of any protest shall be received in the office designated above within one (1)
day of filing a protest with GAO.
2003-K-0004
L.7 152.215-1 Agency Alternate to FAR Clause 52.215-1 (JAN 1998)
FAR Clause 52.215-1, Instructions to Offerors - Competitive Acquisition, is
modified only as indicated below:
(f) Contract Award:
(1)
The Government intends to award a contract to a contractor resulting from this
solicitation whose proposal represents the best value after evaluation in accordance
with the factors and sub-factors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the
Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals
received.
(4) The Government intends to evaluate proposals and select, without discussions, an
Offeror(s) for final negotiations. 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
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.
L.8 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or
Pricing Data. (OCT 1997)
(a) Exceptions from cost or pricing data.
(1) In lieu of submitting cost or pricing data, Offerors may submit a written request
for exception by submitting the information described in the following
subparagraphs. The Contracting Officer may require additional supporting
information, but only to the extent necessary to determine whether an exception
should be granted, and whether the price is fair and reasonable.
2003-K-0004
i. Identification of the law or regulation establishing the price offered. If the
price is controlled under law by periodic rulings, reviews, or similar
actions of a government body, attach a copy of the controlling document,
unless it was previously submitted to the contracting office.
ii. Commercial item exception. For a commercial item exception, the Offeror
shall submit, at a minimum, information on prices at which the same item
or similar items have previously been sold in the commercial market that
is adequate for evaluating the reasonableness of the price for this
acquisition. Such information may include -
1. For catalog items, a copy of or identification of the catalog and its
date, or the appropriate pages for the offered items, or a statement
that the catalog is on file in the buying office to which the proposal
is being submitted. Provide a copy or describe current discount
policies and price lists (published or unpublished), e.g., wholesale,
original equipment manufacturer, or reseller. Also explain the
basis of each offered price and its relationship to the established
catalog price, including how the proposed price relates to the price
of recent sales in quantities similar to the proposed quantities;
2. For market-priced items, the source and date or period of the
market quotation or other basis for market price, the base amount,
and applicable discounts. In addition, describe the nature of the
market;
3. For items included on an active Federal Supply Service Multiple
Award Schedule contract, proof that an exception has been granted
for the schedule item.
(2) The Offeror grants the Contracting Officer or an authorized representative the
right to examine, at any time before award, books, records, documents, or other
directly pertinent records to verify any request for an exception under this
provision, and the reasonableness of price. For items priced using catalog or
prices, or law or regulation, access does not extend to cost or profit information or
other data relevant solely to the Offeror's determination of the prices to be offered
in the catalog or marketplace.
b. Requirements for cost or pricing data. If the Offeror is not granted an exception
from the requirement to submit cost or pricing data, the following applies:
1. The Offeror shall prepare and submit cost or pricing data and
supporting attachments in accordance with Table 15-2 of FAR
subpart 15.408.
2. As soon as practicable after agreement on price, but before
contract award (except for un-priced actions such as letter
contracts), the Offeror shall submit a Certificate of Current Cost or
Pricing Data, as prescribed by FAR subpart 15.406-2.
UNCLASSIFIED,
L.10 Information to Offerors
The completion and submission of the required items in Section L will constitute the proposal.
NIMA acceptance of the proposal will result in a binding contract. Table L.10-1 provides
additional instructions specific to attachments, page limits, and delivery media. Offerors shall
prepare and submit the following proposal materials and copies in accordance with Table L.10-1
Table L.10-1 Proposal Format Summary
Proposal Component
Delivery
CD-ROM File
Page Limits
Media
Names
Volume 1 - Cover Letter/Offer
2 CD-ROM
V 1.XXX
No Limits
(see Section L. 12)
Hard Copy
1- Original
3 - Copies
Volume 2 - Management
2 CD-ROM
V2.XXX
200 pages
(see Section L.13)
Hard Copy
1- Original
14 - Copies
Volume 3 - Technical (Oral Presentation)
2 CD-ROM
Oral.XXX
120 scenes (a scene
(see Section L. 13.2)
Hard Copy
consists of a left
1- Original
and right hand
40 - Copies
slide)
Volume 4 - Past Performance
2 CD-ROM
V4.XXX
Page limits as
(see Section L. 14)
Hard Copy
specified in Section
1- Original
L.14
4 - Copies
Volume 5 - Cost
2 CD-ROM
V5.XXX -
No Limits
(see Section L. 15)
Hard Copy
PPAS
1- Original
CostForm.xls
3 - Copies
Cost.doc
Volume 6 - Security
2 CD-ROM
V6.XXX
No Limits
(see Section L.16)
Hard Copy
1- Original
2 - Copies
UNCLASSIFIED _
L.10.1 Proposal Submission Instructions
All volumes of the proposal, with the exception of Volume 4, shall be received NLT 28 May
2003, 1400 EST at the location specified below:
TICOM, Inc.
ATTN: Jean Appel, CO / John Bayne, AC
RFP No. 2003-K-0004, "Enterprise Engineer"
14520 Avion Parkway, Suite 100
Chantilly, VA 20151
The Past Performance Volume 4 (including a classified addendum, if applicable) shall be
received NLT 8 May 2003, 1.400 EST at the location specified below:
National Imagery and Mapping Agency
ATTN: Jean Appel, ACA, MS P-65
12310 Sunrise Valley Drive
Reston, VA 22091-3449
The contractor shall submit one additional copy of the proposal (hardcopy and softcopy) to the
cognizant DCAA Office no later than 28 May 2003.
The following wording shall be placed in a conspicuous location on the outside of all packages
or envelopes containing offer material.
TICOM, Inc.
ATTN: Jean Appel, CO / John Bayne, AC
RFP No. 2003-K-0004, "Enterprise Engineer"
14520 Avion Parkway, Suite 100
Chantilly, VA 20151
Additional Packing Instructions: Proposal binders shall be packed in boxes. The boxes shall be
sequentially numbered and shall indicate the total number of boxes (i.e., Box 1 of 4). Box
numbers shall be placed on all sides of the box itself. Box one (1) shall include the disks with
the softcopy submission and a master packing list. The master packing list shall list the contents
(i.e., Volume Number, Copy Number, and Name) of each box, by box number.
Classified information: Where classified information is required in your response, it shall be
provided as a classified supplement and bound in a single addendum to Volume 1 "Cover
Letter/Offer." Classified Past Performance information shall be submitted early with the Past
Performance Volume 4. Each entry in the classified addendum shall be referenced to the
proposal volume, page number, and paragraph number to which it applies. Similarly, a reference
shall be placed in the unclassified volume where the classified insert applies, giving the page and
paragraph numbers within the addendum where it can be found. Binding and labeling of the
2003-K-0004
addendum as well as submission shall conform to the same directions as those given in this
instruction to Offerors for unclassified portions. The classified addendum shall be separately
bound with an applicable security designation color cover, conforming to the Contract Data
Classification Guide (CDCG) of this RFP. Pages in classified addenda will be included in the
page count for the applicable volume.
All cost or pricing information shall be UNCLASSIFIED.
L.10.2 Point of Contact
The Contracting Officer (CO), Jean Appel, is the sole point of contact for the Enterprise
Engineer acquisition. Any and all questions regarding any aspect of this RFP must be
addressed only to the Contracting Officer. The CO will use the Acquisition Center of
Excellence (ACE) Acquisition Research Center (ARC) web site (http://arc.westfields.net/ee).
It is the Offeror's sole responsibility to access the web site routinely to obtain current
information relevant to this acquisition (i.e., announcements, updates to the technical data
package, technical and contractual Q&A, amendments to RFP, etc.).
L.10.3 Participation by Acquisition Center of Excellence (ACE) in the Evaluation of
Proposals
NIMA intends to utilize a Government organization, the NRO's Acquisition Center of
Excellence (ACE), relative to this acquisition. The ACE provides both acquisition and facility
support through a number of contracts with various contractors. The companies providing
support to the ACE are identified as follows:
Companies Providing Companies Providing
ACE Acquisition Support ACE Facility Support
TICOM, INC. Booz, Allen, & Hamilton
Welkin Associates, Ltd. MRJ
Scitor Corporation IDS
Telcolote Research, Inc.
TASC
Companies providing support through ACE will NOT participate as evaluators, but will provide
assistance to Government acquisition personnel. The exclusive responsibility for source
selection remains with the Government. Non-Disclosure and Organizational Conflict of Interest
Certificates for all ACE contractor support personnel participating in this source selection are on
file with the NRO Office of Contracts ACE.
L.10.4 Participation of Support Contractors in the Evaluation of Proposals
NIMA has contracted with The MITRE Corporation for advisory assistance during the Enterprise
Engineer source selection. NIMA's contract with MITRE as well as the employment contracts
between MITRE and their personnel, prohibit the unauthorized dissemination of data to which it
or its employees have access. It is the Government's intent to use the services of these personnel
in a purely advisory role in the evaluation of offers. The exclusive responsibility for source
selection remains with the Government. Non-Disclosure and Organizational Conflict of Interest
Certificates are on file with the Contracting Officer.
L.11 PROPOSAL FORMAT AND SPECIFIC CONTENT
L.11.1 General Guidance
This section of the instructions to Offerors provides general guidance for preparing the proposal
as well as specific instructions on the format and content of the proposal. The Offeror shall be
compliant with the requirements as stated in the Enterprise Engineer Statement of Work (SOW).
Furthermore, the Offeror's proposal shall be submitted in accordance with the instructions to
Offerors (Section L of this RFP). Non-conformance with the instructions to Offerors may result
in an unfavorable proposal evaluation.
The Offeror's proposal shall be clear, concise, and shall include sufficient detail for effective
evaluation and for substantiating the validity of stated claims. 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. The Offeror 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.
If an Offeror does not understand these instructions, then it should write to the Contracting
Officer for clarification sufficiently in advance of the deadline for receipt of the offer to get an
answer in time to meet that deadline.
The Government intends to award to one contractor who is deemed responsible in accordance
with the Federal Acquisition Regulation, as supplemented and whose proposal conforms to the
solicitation requirements. In addition, the Government reserves the right to award no contract at
all, depending on the quality of the proposal, the availability of funding, and the continued
existence of the requirement.
In order to award a contract, the Government must have received an acceptable offer. An offer is
acceptable when it manifests assent to all of the terms and conditions of Sections A through K of
this RFP, which includes the solicitation provisions, contract clauses, specification, and
documents, exhibits, and attachments. The Government will declare an offer to be unacceptable
if it does not manifest the Offeror's assent to all such terms and conditions.
The Government may reject the proposal if it is evaluated to be unrealistically high or low in cost
when compared to Government estimates, such that the proposal is deemed to reflect an inherent
lack of competence or failure to comprehend the complexity and risks of the program.
L.11.2 Discrepancies
If the Offeror believes that the requirements in these instructions contain an error, omission, or
are otherwise unsound, the Offeror shall immediately notify the CO in writing with supporting
rationale.
L.11.3 152.215-723 Proposal Preparation Instructions (JAN 2001)
This section is provided to assist the Offeror in preparing a proposal in response to this
solicitation and to assist the Government in determining the Offeror's relative ability to satisfy
the solicitation requirements. These instructions are not intended to unduly restrict the Offeror's
proposal effort. Questions concerning these instructions should be directed to the Contracting
Officer.
(a) Separate volumes for the elements of your proposal shall be prepared according to the
following table. All proposal volumes shall be UNCLASSIFIED to the greatest extent
possible. Every submission, whether hardcopy or softcopy, must be properly identified
and marked with the proper classification. Each volume shall be written or presented on
a stand-alone basis. Information required for proposal evaluation that is not found in its
designated volume or presentation will be assumed to have been omitted from the
proposal.
(b) Cross-reference Matrix.
The offer shall provide a cross-reference matrix indicating by CLIN, Section L, and SOW the
corresponding proposal paragraph(s) in that volume. The Cross-reference Matrix shall contain,
at a minimum, the data shown in the table below:
Proposal
0003 L.8.4 4.18 Vol 2, xx
(c) Proposal Volumes Format.
To aid in evaluation, each proposal volume shall follow the same general format. All Proposal
Volumes shall contain a Title Page, a Table of Contents, a List of Acronyms, Glossary of Terms,
and a Cross-Reference Matrix of the Proposal Volume by CLIN, Section L, & SOW.
(d) Page Limitations.
Page limitations for each volume are identified in Table L.10-1 Proposal Format Summary. Page
limitations include charts and graphic material. The title page, table of contents, a list of
acronyms, glossary of terms, and cross-reference matrix do not count toward the total page count
of each volume and will not be evaluated. Classified information for a particular volume that is
included in Addendum 1 to the Cover Letter/Offer shall count towards the page limitations for
the volume it references. Pages not in the page count shall be numbered with Roman numerals
(i.e., iv).
UNCLASSIFIED
(e) Proposal Page Format.
(1) Format: A "page" will consist of print on one length of 8 1 /2 inch by 11-inch paper. Paper
printed on two sides will count as two pages. In accordance with the clause at FAR subpart
52.204-4, NIMA encourages the use of two sided printing and reproduction. Foldouts shall not
exceed 10% of the total volume page count for any single volume. Each 11X17 foldout page
shall count as two (2) pages, single sided and four (4) pages, double sided, against the page
limitations. Page margins will be a minimum of 1 inch on top, bottom and each side. Volumes 1
and 4 (Cover Letter/Offer and Cost) are exempt from the 1-inch margin rule for mandatory
forms, boilerplate, and exhibits that are pre-formatted and do not conform to the 1-inch margin
requirement, but will be considered in the page count as specified. Partial pages count as a full
page for page limitation purposes. All pages within a page-limited section shall be consecutively
numbered, starting at page one, and shall not exceed the page limitation.
(2) Text Type Size.
Text Type Size shall be 12 point Times New Roman font. Typesetting or other techniques to
reduce character size or spacing are not permitted and are considered a deliberate attempt to
circumvent the page limitations. No pen and ink changes are allowed. Two column presentation
and use of bold face type for paragraph headings is acceptable. Text lines shall be spaced at a
minimum of 14.0 points (i.e., single spaced) and text lines shall not exceed 45 lines per column
per page, including heading.
(3) Illustrations and Tables: Slides, Tables, or Diagrams shall not exceed 8-1/2 X 11 inches.
Color is permitted. Otherwise, all text shall be black. All information (except for document
numbers, classification markings, page numbers, etc.) shall be provided within the page margins
identified in paragraph (e)(1). Figure callouts may be single-spaced. The font size for
illustrations and tables shall be no less than:
Art: 8 point Times New Roman or Sans Serif
Tables: 8 point Times New Roman or Sans Serif
Titles: 10 point Times New Roman, bold, initial cap
(4) Binding.
Each volume shall be complete in itself and shall contain sufficient information to permit a
detailed evaluation. Each volume shall be contained in a separate, loose-leaf, three-ring binder.
The volume title, copy number, and the company's name shall be placed on the spine, on the
front cover, and on the title page of the binder. The pages for the title page, table of contents,
and cross-reference matrix will not be numbered. Page 1 of the volume is defined as the first
page after the title page, table of contents and cross-reference matrix. All pages shall be
numbered sequentially from the first to the last page using only Arabic numerals. Attachments
and appendices may be separately page numbered. Pages printed on both sides shall be
numbered on both sides. Each volume will contain a matrix that identifies those pages within
the main volume, attachments and appendices which contribute towards the page count and are
subject to evaluation.
(f) Any proposal pages submitted which exceed the page limitations set forth in Table L.10-1
Proposal Format Summary or proposal pages failing to meet the format in paragraph L. 11.3 (e)
will not be read or evaluated, and hardcopy pages of the original and all copies will be returned
to the Offeror.
(g) Electronic Format
(1) This section is intended to provide information to the Offeror on the electronic format and
application software to be used for submitting softcopy proposals. Use of the software and
procedures described in this section reduces the amount of time and effort needed by the
Government to receive and install proposals onto the electronic evaluation system and will help
to ensure that proposals are suitable for reading electronically. The information regarding
electronic products listed below should not be construed as Government endorsement for such
products. In the event of inconsistencies between the hardcopy and softcopy versions of the
proposal, the hardcopy version shall take precedence (except for Volume 4 ). Efforts by the
Government to clarify and install electronic proposal submissions in accordance with FAR
subpart 15.207(c) will not be considered discussions. The Offeror is encouraged to load and use
their softcopy submission on a system equivalent to the Government's to ensure that the
Government will be able to load the softcopy submission.
Note: Electronic submission does not satisfy delivery of proposal. Hard copies must be received
to meet the delivery requirements.
(2) Evaluation Hardware
The Government will use the hardware listed in Table A:
Table A: Evaluation Hardware
Item
Equipment
Server
DEC Alpha running Windows NT 4.0
Workstations
IBM-compatible Pentium PCs running
Windows NT Workstation 4.0
Printer
Laser printers: DELN17ps (B/W) and
Tektronix Phaser 350 (color)
Tape Backup (Server)
Digital DLT-tape IV
(3) Evaluation Software
The Government will access the softcopy versions using a network running Microsoft Windows
NT Server 4.0 and Workstation 4.0, Microsoft Office 97, Microsoft Project 98, Microsoft
PowerPoint.
The Government will use Mainstay Software Corporation's Proposal Pricing and Analysis
System (PPAS) product for evaluation and analysis of the cost volume. Detailed instructions for
submitting the cost volume are included at L.15.
(4) Electronic Media
The Offeror shall submit its proposal on CD-ROM formatted to operate on the Government's
proposal evaluation system as described in paragraphs (g) (2) and (g) (3) above. The softcopy
Oral Presentation (Volume 3) shall be submitted on a separate CD-ROM. There is no limit to the
number of CD-ROMs that may be submitted as long as the page limitations of each proposal
volume are met. The Offeror shall virus scan the CD-ROMs prior to submittal.
(5) File Naming Conventions
The Offeror shall name files using standard naming conventions that clearly identify the file.
Valid extensions for files using the above applications are ".xls" for Microsoft Excel 97, ".mpp"
for Microsoft Project 98, and ".ppt" for Microsoft PowerPoint. Each file shall be stored in a
folder that corresponds to the proposal volume it represents. The files within the folder shall be
named in an unambiguous manner, using plain text language, which facilitates the evaluator's
ease of accessing the files for evaluation. The Offeror shall insert the file name in the header of
each document.
(6) Links
The Offeror shall hyperlink information in its proposal when possible and prudent (i.e., cross-
references made to other sections, tables, or figures within that document). The Offeror shall
make the existence of hyperlinks obvious through the use of an outline box, different font color,
underlining, or other highlight method.
(7) Multimedia
Sound or video files shall not be embedded into proposal documents.
(8) Graphics
Graphics, which are embedded into documents, shall be kept as simple as possible. Complex
graphics require longer periods for the computers used in the evaluation system to draw and
redraw these figures, and scrolling through the document is slowed significantly.
a. Limit colors to 256 colors at 1024 x 768 resolution; avoid color gradients.
b. Simplify the color palette used in creating figures.
c. Be aware of size for graphics files. Large files are discouraged.
d. Avoid scanned images.
L.11.4 Site Visit
Each Contractor serving as the role of "Prime" on the offering teams will be provided an
opportunity to preview and coordinate activities during an on-site visit at the orals briefing
facility. This pre-coordination site visit will be held during the week of 12 May 2003 at the
Mission Partners' Facility (MPF), 14520 Avion Parkway, Chantilly, VA 20151. The staff of the
MPF will have the following functions represented at the meeting: Information Technology (IT),
Security, Administrative, and Facility Coordination. The Prime Contractor for each offering
team should be prepared to discuss these several functional areas during the meeting that will last
no longer than one hour. An appointment to schedule a Pre-Coordination Site Visit can be made
UNCLASSIFIED
by calling Claudia Mabry, MPF Facility Manager, at 703-227-1333, or Kelly Miller, MPF
Security, at 703-227-1366 before 1600 on 08 May 2003.
L.12 VOLUME 1 - COVER LETTER/OFFER
L.12.1 Cover Letter
A cover letter, signed by an official authorized to legally bind the Offeror is to be attached to
offers. The first page of the proposal's cover letter must show:
a. The solicitation number.
b. The name, address, and telephone and facsimile numbers of the Offeror.
c. Names, titles, and telephone and facsimile numbers of persons authorized to negotiate on
the Offeror's behalf with the Government in connection with this solicitation.
d. 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.
e. Names and telephone numbers of persons to be contacted for clarification or questions to
this proposal (No more than two (2) people may be listed).
f. Provide the mailing address, telephone, and fax numbers for the cognizant DCAA Office.
g. Statement that the proposal is firm for a period of not less than one hundred twenty (120)
days from the proposal due date.
h. Statement as to the acceptance of the proposed contract provisions and proposed contract
schedule.
L.12.2 Offers
The completion and submission to the Government of the items listed below shall constitute an
offer and shall indicate the Offeror's unconditional consent to the terms and conditions of the
RFP. Objections to any of the terms and conditions of this RFP may be considered by the
Government to be unacceptable.
Standard Form 33, "Solicitation, Offer, and Award," with blocks 12 through 18 completed by the
Offeror.
RFP Section B, "Supplies or Services and Prices/Costs," with the Offeror proposed contract line
item prices inserted in the appropriate spaces.
RFP Section H, "Special Contract Requirements", the Offeror's proposed names of Key
Personnel inserted in the appropriate space.
RFP Section I, "Contract Clauses," with the Offeror's proposed Subcontracting Plan and a
Mitigation Plan IAW the Organizational Conflict of Interest clause.
RFP Section K, "Representations, Certifications, and Other Statements of Offerors," completed
by the Offeror.
UNCLASSIFIEk
L.12.3 Classified Addendum
Where classified information is required in your response, it shall be provided as a classified
supplement and bound in a single addendum to Volume 1 "Cover Letter/Offer." Classified Past
Performance information shall be submitted early as a separate addendum to the Past
Performance Volume. Each entry in the classified addendum shall be referenced to the proposal
volume, page number, and paragraph number to which it applies. Similarly, a reference shall be
placed in the unclassified volume where the classified insert applies, giving the page and
paragraph numbers within the addendum where it can be found. Binding and labeling of the
addendum as well as submission shall conform to the same directions as those given in this
instruction to Offerors for unclassified portions. The classified addendum shall be separately
bound with an applicable security designation color cover, conforming to the CDCG of this RFP.
Pages in classified addenda will be included in the page count for the applicable volume.
L.13 VOLUME 2 -MANAGEMENT VOLUME
L.13.1 Management Plan
The Management Plan shall include, as a minimum, a staffing plan, a staff qualification matrix,
personnel retention strategy, transition plan, and a Sub-Contractor management strategy. The
Offeror's proposed Staffing Plan and Staff Qualifications Matrix shall include the technical
capacity to develop compelling business case analyses and trade studies, including Life Cycle
Cost Estimates (LCCEs).
The Offeror's Management Plan shall be feasible in accomplishing the SOW tasks. The
Management Plan describes an effective means for interaction with GeoScout, Operational &
Sustainment (O&S), heritage and legacy contractors, and NIMA resources over the life of the
contract (i.e., it demonstrates a clear understanding of roles and responsibilities of each group).
The Management Plan shall contain a detailed description describing how the Offeror will
effectively facilitate the interchange of information, coordination of resources, identification of
issues, and resolution of problems among the Offeror, GeoScout, O&S, heritage and legacy
contractors, and Government entities. The Management Plan shall explain how the Offeror plans
to evolve the interaction information interchange processes over the life of the contract. Barriers
to information exchange shall be highlighted with viable risk mitigation activities clearly
identified. The Offeror shall provide a Corporate Organizational Chart that clearly identifies the
corporate office supporting this program which includes all management levels and reporting
channels down through the program office established for this contract. The Management Plan
provides a detailed description of how their proposed organization is designed to quickly and
successfully respond to the changing needs of the customer and the GeoSpatial Intelligence
environment and still maintain a reasonable management span of control.
UNCLASSIFIEt
(a) Staffing Plan
The Offeror's proposed staffing plan shall identify key personnel who are well qualified in their
respective areas of responsibility. The Offeror's proposed staffing plan shall demonstrate that
adequate numbers of qualified, cleared, and skilled personnel are properly allocated to the
contract, including those who are transitioning from other contracts. The staffing plan shall
show that the number of key management positions they have proposed are adequate and similar
to those provided in other successful enterprise engineering projects of similar size, scope and
complexity. Offeror's proposed key personnel in technical positions shall have a Bachelors
Degree or higher and a minimum of ten (10) years experience in intelligence or geospatial
specialties or systems engineering. Offeror's proposed key personnel in management positions
shall have proven project and resource management experience of at least ten (10) years. All
proposed key personnel positions shall have superior communications skills, interpersonal and
organizational skills as well as appropriate experience at both the strategic and tactical levels of
systems engineering.
The Offeror shall submit resumes for proposed key personnel (e.g. Program Manager, Chief
Architect, Chief Engineer, etc.) to demonstrate they have an appropriate depth and breadth of
experience, skills, education and expertise for their respective areas of responsibility.
The Offeror shall provide a description of the Offeror's approach for providing key personnel
with relevant experience, necessary skills and knowledge in the areas defined in the solicitation.
The Offeror shall also provide a summary of the availability of or the ability to propose
personnel with requisite security clearances.
(1) The Offeror must submit resumes for Key Personnel. Proposed Key Personnel are those
persons, whether employed by the Offeror or by one of the Offeror's prospective subcontractors,
who will occupy any of the key personnel positions.
(2) Resume Format - Resumes shall be presented as described in the Offeror's work breakdown
structure. The person's name shall appear centered at the top of the first page of the resume.
Each resume shall conform to the following outline:
a. Job Title: Proposed job title on the Enterprise Engineering
b. Duration: Planned duration of the assignment.
c. Allocation: Percentage of time to be committed.
d. Current Assignment: Position presently occupied, to include title and organization and
employer.
e. Availability: Relationship to the Employer (full/part-time, prime contractor
employee/sub-contractor employee) and length of relationship or letter of commitment.
f. Education: Degree, School, Majors and Minors, and Year Graduated.
g. Qualifications: Provide a brief summary of training and a rationale of why the
individual proposed is qualified to work on the Enterprise Engineering
UNCLASSIFIE>
h. Reasons: Reasons for selection. Why was this individual selected for assignment or
resume presentation?
i. Experience: Provide a list showing the programs on which the individual has worked.
List the highest position held on each program and the duration, including the starting
and ending dates, of assignment to each program.
j. Security Clearance: Current security clearance status and date of most recent SBI.
k. Disclosure Statement: Each resume shall contain the following statement and
signature: "I consent to the disclosure of my resume (or other personal data) for
evaluation purposes regarding the proposal of the Enterprise Engineering Contract. "
(3) Contingency Resume: Submission of personnel resumes of individuals not currently
employed by or with whom the Offeror does not have a bona fide employment contract shall also
provide a phase in plan showing availability of the qualified personnel and length of time
required to reach full support. Contingency resumes must include a statement signed by the
individual being proposed that clearly states their intent to enter into employment with the
contractor.
(b) Staff Qualification Matrix
The Offeror's proposed Staff Qualification Matrix shall provide a technical staff that possesses
extensive System Engineering (SE) expertise (experience and education). The Offeror's
proposed Staff Qualification Matrix shall reflect the appropriate authorization/issuing agency for
the security clearance (i.e. DoD or CIA.) Appendix 3 shall be used to build the Staff
Qualification Matrix.
(c) Personnel Retention Strategy
In the Management Plan, the Offeror shall describe a credible personnel retention strategy for
retaining professional contract staff. The Offeror's proposed personnel retention strategy shall
demonstrate or explain how their strategy will result in a low (10% or less per year) turnover rate
in professional staff. The Offeror shall describe a credible recruiting plan to rapidly fill any
vacant positions with qualified personnel over the life of the contract as part of their proposed
personnel retention strategy. The Offeror shall cite where the proposed personnel retention
strategy has been successfully applied in other projects of similar size and complexity and is a
best practice in the industry.
(d) Sub-Contractors Management Strategy
In the Management Plan, the Offeror shall propose an effective process for the management of
multiple subcontractors (e.g., management control, cost control, work allocation, payment
schedules, incentives.) Only first-tier Sub-Contractors shall be proposed. The Management Plan
shall have a Sub-Contractor management strategy with a detailed description of effective
methods the Offeror intends to use to manage multiple subcontractors, including task allocation,
cost control, payment schedules, and incentives. The Sub-Contractor management strategy shall
demonstrate sufficient means of requiring subcontractors to use "best practice" management
processes. The Offeror shall illustrate how they have successfully used similar strategies or
methods in the past to manage multiple subcontractors and that the proposed methods are best
practices. The Sub-Contractor management strategy shall minimize the number of subcontractors
UNCLASSIFIE
that still achieves all contract objectives. The Sub-Contractor management strategy shall describe
in detail how it uses a Systems Engineering (SE) Capability Maturity Model (CMM) maturity
level or similar type certification process in the selection of subcontractors or the mitigation
measures they will employ if non-certified subcontractors are selected.
If the Offeror plans to subcontract portions of this effort, the Offeror shall indicate how such
subcontracting will be integrated, as follows:
1. A description of how subcontractor personnel will be integrated into the entire
program management structure.
2. A list and description of specific requirements, services, support, or other elements to
be obtained through procurement or subcontracting.
3. A description of the approach to ensure all appropriate requirements will flow down
and that sufficient visibility will exist for the Prime Contractor to identify problems
during performance by Subcontractor(s).
(e) Transition Plan
The Offeror shall submit a Transition Plan to provide for a properly skilled/staffed transition
period. The transition plan shall describe the tasks, the staffing profile, and the schedule to
support the contract requirements during the start-up period with emphasis on the steps that will
be taken to minimize the impact of the transitions on the day to day operations. The plan shall
describe the management approach in evaluating and responding to the additional legacy contract
functions which will be assumed during the base year of the contract. The Offeror shall address
the process and schedule ensuring the adequate number of properly skilled and cleared personnel
will staff this period and meet all of the requirements.
The Government will require the contractor to have all key personnel and 75% of qualified and
appropriately cleared personnel proposed in the offer on board upon contract award.
The Offeror shall propose a ramp-up process to get to 90% of the proposed staffing, by 30 days
after contract start.
The Offeror shall be ready to submit at time of award a current SF328, "Certificate Pertaining to
Foreign Interest" (FOCI), and a "Key Management Personnel List" (KPML). All affirmative
answers to FOCI questions must be accompanied by a detailed explanation. All forms must bear
an original signature. Copies of previously submitted SF328s will be accepted, if a signed
statement attesting that the information on the forms is still current and valid accompanies them.
The Source Selection Evaluation Board will address each of the four (4) evaluation sub-factors
identified in Section M.4 Assessment Criterion Factor 1.0 Management for Enterprise
Engineering, as a minimum.
(f) AD-HOC Activities
Each offeror shall set up a CLIN which will be used to support all Ad-Hoc activities across the
contract for each period. These activities require experienced personnel and should be filled
with the mix of 70% Senior Engineers and 30% Mid-Level Engineers.
L.13.2 Volume 3 Technical (Oral Presentations)
(a) General
Each Offeror must make an oral presentation to the Government's evaluation team. The
Evaluation Team will evaluate the oral presentation in accordance with the factors listed under
the Technical Areas in Section M of this RFP. The Offeror's representatives must show by the
presentation and by their answers to the Government's clarification questions that, (1) they
understand the Government's requirements, (2) they are familiar with the kinds of problems that
may develop during performance, and (3) they are capable of developing practicable and
effective solutions to those problems.
The Government will conduct a drawing to determine the order in which the contractors are
assigned their oral presentation day. The Contracting Officer will schedule the oral presentations
and notify each Offeror of the scheduled date, time, and location of its presentation within 7 days
of the final proposal submission. The Government will hold oral presentations in June 2003.
The Offeror must make its oral presentation in accordance with the instructions in sections L and
M of this RFP and any additional instructions the Contracting Officer may provide. The
Contracting Officer may reschedule an Offeror's oral presentation at the Contracting Officer's
sole discretion. Oral presentations are limited to four hours. On the second day, the
Government will provide a problem set to be reviewed and solution(s) presented. This
presentation will be limited to two hours. Breaks will be scheduled by the Government of at least
10 minutes per hour. Breaks will not be counted as part of the two-hour presentation time. The
Contracting officer will tell the Offeror when to start its presentation, keep time, and stop the
presentation at the end of the allotted time period whether or not the Offeror has finished. The
Offeror is limited to submitting and presenting no more than 120 scenes during their Oral
Presentation and assumes full responsibility for delivering a clear and complete presentation
during the four-hour time period. Any scenes not presented due to time limitations will not be
evaluated by the Government.
(b) Technical Oral Presentation (slides)
The Offeror's presenter(s) must be chosen from among the Offeror's proposed key personnel or
proposed key subcontractor personnel. The Offeror may not use a professional speaker or
consultant to make its presentation. The Offeror may have less, but no more than eight (8)
representatives, at any given time, in the room during the oral presentation. The Program
Manager, the Chief Engineer, the Chief Architect and the Transformation Executive must be in
attendance and shall conduct some portion of the briefing. The remaining four (4) invited
members are at the discretion of the Offeror. Additionally, one (1) equipment operator may be in
attendance to operate the equipment, but does not count against this eight (8) person limitation.
Consultants to the Offeror may not attend the presentation.
UNCLASSIFIE&JA
During the presentation the Government's attendees will not interrupt the Offeror to ask
questions (except to request repetition of inaudible words or statements or the explanation of
terms that are unknown to them) or otherwise engage the Offeror in any dialogue. The
Government will conduct a question and answer session the following day during which the
Offeror's representatives must answer questions from the Contracting Officer. The Government
may include the Offeror's presentation, or portions thereof, and its answers to questions in any
prospective contract. The Government will not permit an Offeror to change its proposal during
the oral presentation or the question and answer session.
Items to be covered in this oral presentation shall include, but are not limited to the following:
STRATEGIC
The Offeror's technical approach demonstrates an effective enterprise architecture
management strategy, considers NIMA's Geospatial Intelligence community role
responsibilities, and demonstrates an understanding of emerging community thrusts
and environments, systems, and the effects on the Geospatial Intelligence community
role.
The Offeror's approach demonstrates an effective enterprise architecture management
strategy with flexible and innovative capabilities, processes, tools and metrics to
implement, evolve, and maintain the enterprise architecture according to approved
Federal guidelines, and addresses planning for future capabilities.
The Offeror's technical approach demonstrates efficient, responsive and flexible Systems
Engineering and enterprise-level Business Process Re-engineering (BPR) capability.
The Offeror's technical approach demonstrates an effective enterprise migration planning
process to evolve the enterprise architecture to include consideration of technical and
financial planning
The Offeror's technical approach demonstrates an effective strategy for managing the
enterprise architecture including the application and evolution of COTS products and
standards applicable to NSGI.
TACTICAL
The Offeror describes an effective communication approach for keeping NIMA's customers
appraised of NIMA capabilities to support their existing and emerging systems, doctrine, and
approach and shows that the proposed approach represents best practices and have been
successfully used in other projects of similar scope and size.
The Offeror's technical approach demonstrates an accurate accounting for the quantity of, the
frequency, scope and effort required to develop, maintain, and document internal and
external interface requirements.
The Offeror's proposed technical approach demonstrates comprehensive knowledge of the
breadth and depth of NIMA corporate and mission processes
The Offeror's technical approach demonstrates sound Systems Engineering capability and a
comprehensive SE strategy for integrating Government processes and NIMA contractors'
processes into the proposed enterprise engineering solution.
UNCLASSIFIED:
The Offeror demonstrates an effective and efficient Independent Verification and Validation
(IV&V) approach for delivery of enterprise capabilities accomplished by GeoScout and
existing contractors. The Offeror shall demonstrate that the processes are appropriate for the
size, scope, and complexity, and that they provide for NSGI Master Schedule considerations
and synchronization.
The Offeror's technical approach demonstrates a sound plan to identify and deploy a fully
integrated suite of tools, identify types of tools appropriate for the work specified in the
contract, explain the integration and flow of data and operations between tools, and explain
how the suite of tools can be applied in a wide variety of operational situations to provide
accurate and consistent results.
The Offeror's technical approach demonstrates a sound plan to deploy an effective, efficient, and
automated documentation and workflow process, including hardware and software
considerations for deployment, is appropriate for the size, scope, and complexity of the
Enterprise Architecture, and complements processes and tools proposed.
The Offeror's technical approach demonstrates plans to improve enterprise level cost estimation
tools and techniques over the life of the contract.
(c) Problem Set Presentation
The Government will provide on the second day, a problem set to be reviewed and solution(s)
presented. This presentation will be limited to two hours. Breaks will be scheduled by the
Offeror of at least 10 minutes per hour. Breaks will not be counted as part of the two-hour
presentation time.
As delineated in the Notional Oral Presentations Schedule (Table 13.2-1), Offerors will be
presented with a Problem Set related to the scope of the Statement of Work. Upon receipt of the
Problem Set, the timekeeper will begin the two-hour clock for the Offeror's preparation. The
government will notify the Offerors when ten minutes remain for their preparation period. The
government will stop all work at the end of the two-hour period. The government
evaluators/advisors will then be called back into the room and the Offerors will then present their
Problem Set Solution. A maximum of two hours is provided for the presentation including
questions and answers.
Only those Offeror personnel who participated in the Technical Oral Presentation will be
allowed to participate in the Problem Set preparation and solution presentation. No outside
communication or assistance will be allowed once the Problem Set has been issued to the
Offeror.
To assist the Offerors in their organization and presentation of their problem set solution,
Offerors will be provided a PC with MicroSoft Powerpoint capabilities and/or clear acetate
sheets with pens.
The question and answer session associated with the Problem Set solution will not constitute
discussions, as that term is defined and used in FAR subpart 15.306(d). If the Government
decides that discussions are necessary, notwithstanding the intention to award a contract without
UNCLASSIFIED
discussions, then the Government may discuss the Offeror's oral presentation or the answers that
it gave during the question and answer session that followed.
The presentation needs to be restricted to technical content and will not encompass price or cost
and fee in any manner for the proposed contract. The presentation team may also expound on
any other topics that they consider to be pertinent to a demonstration of their knowledge,
competence, and capability to produce/perform so long as that information is presented within
the specified time limit.
(d) Question and Answer Presentation
After the Problem Set Solution is briefed, the Offeror will return to the briefing room to answer
any clarification questions the Government might have. This exchange of information is not
considered Discussions, and is unique to the discovery of adverse past performance information.
Neither the oral presentation nor the question and answer session will constitute discussions, as
that term is defined and used in FAR subpart 15.306(d). If the Government decides that
discussions are necessary, notwithstanding the intention to award a contract without discussions,
then the Government may discuss the Offeror's oral presentation or the answers that it gave
during the question and answer session that followed.
The Source Selection Evaluation Board will address each of the four (4) evaluation sub-factors
identified in Section M.4 Assessment Criterion Factor 2.0 Technical Approach to Enterprise
Engineering Processes, as a minimum.
DAY 1 - Oral Presentations
TIME Hrs
Activity Description
0800-0830
Contractors Arrive, Sign-in, Badges, etc
0830-1300
Contractor Oral Presentation
(4 hours + 3 ea Mandatory 10 Minute Breaks)
MAXIMUM: 1 Hour & 15 Minutes Presentation Time between
Breaks)
CONTRACTOR DISMISSED for the Day
1300-1400
LUNCH
1400-1700
Government Caucus
DAY 2 - Clarifications & Problem Solution Presentation
TIME Hrs
Activity Description
0800-0810
Contractors Arrive and Sign-in
0810-0815
Government: Handout Problem Set
0815-1030
Contractor: Problem Solution PREPARATION
1030-1250
Contractor: Problem Solution PRESENTATION
1250-1305
Government: Handout Clarification Request(s)
UNCLASSIFIEDO
(e) Presentation Media.
LUNCH & Contractor Response PREPARATION
(1) To ensure Offerors do not spend an inordinate amount of time and money in preparing
presentation slides the following specification has been developed. Presentation media are
limited to overhead transparencies (slides) or softcopy if unclassified. The softcopy presentation
may be presented in Microsoft PowerPoint.
(2) The Offeror must submit its overhead slides and 40 sets of full-scale paper copies of its slides
(scenes) in addition to two (2) softcopy versions -- with its proposal submission. Dual slides
may be provided but must be landscaped appropriately (i.e. must read like a book).The Offeror
must number the pages of the paper copies and bind each set. In order to ensure the integrity of
the source selection process, the Offeror must use the overhead slides (scenes) or softcopy
submitted to the Government with its offer when making its oral presentation, without alteration.
The evaluation team may review copies of the slides prior to and after the presentation. The
Offeror may submit no other written documentation for its oral presentation. When evaluating
an Offeror's oral presentation the Government will consider only those slides that were actually
projected and addressed by the Offeror during the presentation. The Contracting Officer will not
permit the Offeror to use slides during the question and answer session that were not projected
and discussed during the presentation.
The Government will process overhead slides and copies that are received after the deadline for
the submission of offers in accordance with FAR subpart 52.215-1(c)(3). If the slides and copies
are late and are not accepted for consideration on the basis of FAR subpart 52.215-1(c)(3), then
the Government will consider the Offeror to be ineligible for award and will not permit that
Offeror to make an oral presentation and will reject its offer without further evaluation.
Offeror's may utilize the existing Government projector and computer during their presentation.
If an offeror chooses to utilize their own projector(s) or other equipment, they assume
responsibility for setup and proper functioning of this equipment. The Offeror may not audio or
video-record its own presentation. However, the Government may record each Offeror's
presentation and the question and answer session. If any portion of the oral presentation or the
question and answer session is incorporated into the resultant contract, the Offeror will be
provided a copy of the record.
L.14 VOLUME 4 -PAST PERFORMANCE
(a) Offeror's Past Performance
UNCLASSIFIED':
The Past Performance Panel (PP) evaluation will include an assessment of the Offeror's Past
Performance Questionnaire data (Appendix 1) collected by Offeror references or other sources.
The Offeror must demonstrate through information supplied in the Past Performance
Questionnaire and other information available to the Government that their organization meets or
exceeds the critical elements of this contract as set out in the four sub-factors of Program
Management, Cost Control, Technical Performance, and Timeliness of Performance. Each
Offeror is limited to no more'than five references each, and is responsible for forwarding the
attached Past Performance Questionnaire (Appendix 1) to the appropriate Government official
who can attest to contractor performance for that specific reference. The five references must be
within the last three years and have yearly contract value of $40 M or greater. The Offeror is
responsible for having the Past Performance Questionnaire (Appendix 1) returned to the NIMA
Contracting Officer prior to 8 May 2003. The Past Performance evaluation will include an
assessment of each Offeror. Offeror(s) will be given an opportunity to address unfavorable
assessments of past performance through communications pursuant to FAR subpart 15.306(b),
provided that the Offeror has not had a previous opportunity to review the unfavorable
assessments. This exchange of information is not considered Discussions as defined in FAR
subpart 15.306(a)(2), and is unique to the discovery of adverse past performance information. If
additional data is needed from any of the sources, the Past Performance Panel may conduct
interviews or obtain information from other sources (e.g.,CPAR Database) in order to obtain
sufficient information to complete the panel evaluation.
(b) Offeror's Sub-Contractor's Past Performance
The Offeror shall identify their top four (4) sub-contractors as determined by percentage of either
proposed Full Time Equivalent (FTE) personnel or proposed total contract value in the cost
volume.
The Past Performance Panel (PP) evaluation will include an assessment of the Sub-Contractor's
Past Performance Questionnaire data (Appendix 1) collected by Sub-Contractor's references or
other sources. The Sub-Contractors must demonstrate through information supplied in the Past
Performance Questionnaire and other inform available to the Government that their organization
meets or exceeds the critical elements of this contract as set out in the four sub-factors of
Program Management, Cost Control, Technical Performance, and Timeliness of Performance.
Each Sub-Contractor is limited to no more than three (3) references each, and is responsible for
forwarding the attached Past Performance Questionnaire (Appendix 1) to the appropriate
Government official who can attest to contractor performance for that specific reference. The
three (3) references must be within the last three years and have yearly contract value of $10 M
or greater. The Sub-Contractor is responsible for having the Past Performance Questionnaire
(Appendix 1) returned to the NIMA Contracting Officer prior to 8 May 2003. The Past
Performance evaluation will include an assessment of each Sub-Contractors. Sub-Contractors (s)
will be given an opportunity to address unfavorable assessments of past performance through
communications pursuant to FAR subpart 15.306(b), provided that the Sub-Contractor has not
had a previous opportunity to review the unfavorable assessments. This exchange of information
is not considered Discussions as defined in FAR subpart 15.306(a)(2), and is unique to the
discovery of adverse past performance information. If additional data is needed from any of the
sources, the Past Performance Panel may conduct interviews or obtain information from other
sources (e.g.,CPAR Database) in order to obtain sufficient information to complete the panel
evaluation.
For each of the past performance contracts identified in the Offerors' proposal to include their
top four (4) identified Sub-Contractors past performance contracts, the Offeror shall: (1) identify
a Point of Contact (POC) (either the Contracting Officer, Contracting Officer's Representative,
Contracting Officer's Technical Representative, or the Government Program Manager), (2)
provide the POC with a copy of the Past Performance Questionnaire, and (3) request that the
POC submit the completed questionnaire to the Government in accordance with the instructions
on the questionnaire. The Offeror and its top four Sub-Contractors should complete items 1
through 9 of the Past Performance Questionnaire prior to providing it to each POC. The
Government prefers that the POCs should transmit completed questionnaires by FAX (703 755-
5340), but in any case completed questionnaires must be received no later than the date set
for submissions of past performance data in order to be considered.
The Offeror shall provide a completed Past Performance Reference List (Appendix 2), using the
format provided in the Appendix 2, identify the POCs who have been provided with the Past
Performance Questionnaire and will be submitting completed questionnaires to the Government.
The Offeror shall include their top four (4) identified Sub-Contractors past performance
references in the Past Performance Reference List. The Offeror shall provide current
phone/FAX information for all POCs. If necessary, the Government may contact these
references to verify information provided in completed Past Performance Questionnaires and, in
the case of award fee contracts/orders, to request award fee performance assessments.
The Past Performance Panel will address each of the four (4) evaluation sub-factors identified in
Section M.4 Assessment Criterion Factor 3.0 Past Performance, as a minimum.
L.15 VOLUME 5 - COST VOLUME
This volume consists of a presentation of cost or pricing data substantiating the proposed cost of
work to be accomplished in completion of the SOW. The Offeror's cost proposal shall contain
sufficient factual information to establish the reasonableness, realism, and completeness of the
proposed cost. The cost of the Offeror's entire proposed effort will be evaluated for award
purposes. Detailed certified cost information for the base period and first award term period in
accordance with the following instructions is required for all work proposed during the contract.
The remaining award term periods should contain enough specific uncertified cost detail to
make the appropriate complete, reasonable, and realistic determinations. This should include
detailed information for all assumptions used in deriving this cost. The total cost of the proposed
effort, including options, will be evaluated for award purposes. It is the Government's intent to
use the negotiated cost to set the contract value. All information relating to the proposed price,
including all required supporting documentation, must be included in the section of the proposal
designated as the cost volume. Under no circumstances shall this information and
documentation be included elsewhere in the proposal. All cost or pricing information shall be
UNCLASSIFIED.
UNCLASSIFIE
L.15.1 AD-HOC Activities
Provide the appropriate personnel to support Ad-Hoc activities. The Government estimates
108,000 hours will be used to support this activity over the entire contract period. These
activities require experienced personnel and should be filled with a mix of 70% Senior Engineers
and 30% Mid-Level Engineers (e.g. as defined in L. 15.4).
L.15.2 Estimating Methodology
L.15.2.1 Estimating System
Provide a summary description of your standard estimating system or methods. The summary
description shall cover separately each major cost element (i.e., Direct Material, Engineering
Labor, Manufacturing Labor, Indirect Costs, ODCs, Overhead, G&A, etc.). Also, identify any
deviations from your standard estimating procedures in preparing this proposal volume. Indicate
whether you have Government approval of your system and if so, provide evidence of such
approval.
L.15.2.2 Purchasing System
Provide a summary description of your purchasing system or methods (i.e., how material
requirements are determined, how sources are selected, when firm quotes are obtained, what
provision is made to ensure quantity and other discounts). Also, identify any deviations from
your standard procedures in preparing this proposal. Indicate whether you have Government
approval of your system and if so, provide evidence of such approval.
L.15.2.3 Accounting System
Indicate whether you have Government approval of your accounting system and if so, provide
evidence of such approval. Also, identify any deviations from your standard procedures in
preparing this proposal.
L.15.2.4 Past Experience-Based Estimates
Where cost estimates are based upon past experience, identify the past experience, explain how
the past experience relates to the current effort, including similarities and differences, and how
cost data available from the past experiences was adapted to the current effort.
L.15.3 Subcontractors
Submit a listing of the proposed subcontractors and inter-divisional transfers (including vendors)
showing (a) the supplier, (b) description of effort, (c) type of contract, (d) price and hours
proposed by each, and (e) price and hours included in prime's proposal to the Government. All
Offeror's should only propose first tier subcontractors.
UNCLASSIFIEI
L.15.4 Proposal Guidance
The offeror should consider the following information when preparing their proposal:
(a) Submit a schedule showing proposed direct and indirect rates by year. This schedule is to
include (but separately identify) prime contractor, subcontractor, and inter-divisional transfer
rates. Where this information is company proprietary, it may be submitted directly to the
Government via the subcontractor sealed package submittal.
(b) The Offeror will submit five (5) sample trips for three (3) personnel to/from the following
locations for the duration of days stated:
Washington DC to St. Louis, MO
Return
3 days
Washington DC to Miami, FL
Return
5 days
Washington DC to EUCOM
Return
5 days
Washington DC to Los Angeles, CA
Return
5 days
Washington DC to Norfolk, VA
Return
3 days
This information will be used for evaluation purposes only.
(c) A funding profile will be provided to assist the offeror in putting together a proposal, and to
also provide insight into the level of effort NIMA intends on funding during the fiscal years. A
high degree of experience is needed to support this contract as a result the following labor mix is
provided:
Entry-Level Engineer: May make up no more than 10% (with experience
less than 2 years)
Junior-Level Engineer: May make up a range of 10%-40% of proposed
personnel (with experience 2-5 years)
Mid-Level Engineer: May make up a range of 10%-40% of proposed
personnel (with experience 5-10 years)
Senior-Level Engineer: May make up no less than 10% of proposed
personnel (with no less than 10 years of experience)
(d) The Government estimates 7,900,000 hours will be used to support the base and award term
option activities over the entire contract period.
(e) Additionally, a copy of the affected NSES WBS, the Acquisition Strategy Framework slide
with a narrative is provided.
j
L.15.5 Electronic Submission of Cost/Price Data
The Government will use Mainstay Software Corporation's Proposal Pricing and Analysis
System (PPAS) product for evaluation and analysis of the cost volume. Offerors shall submit
the cost volume in a PPAS proposal database, PPAS Version 6.9.7.4 and PPAS Composite
Version 2.0, or later. Each major subcontractor, interdivisional transfer, and vendor, regardless
of tier, whose proposed price exceeds $10,000,000 for the entire period of the contract (to
include all award terms option periods), shall also submit its cost proposal in a PPAS proposal
database using the same release. Any reference to major subcontractor shall be assumed to
include interdivisional transfers, vendors and subcontractors who exceed the $10,000,000
threshold. The sub-contractor submissions may be made directly to the Government to avoid
providing proprietary pricing data to the prime. If variation in content between the paper copy
and the electronic copy is noted and that variation is not resolved with the Offeror, the electronic
copy (PPAS) shall be considered the submitted proposal.
Contractors and subcontractors shall use PPAS (or PPAS Modular if it is completely responsive)
for Cost Plus contract types (e.g. C PAF), and PPAS Composite for T&M contract types.
Subcontractors submitting T&M proposals shall determine if their proposal exceeds the
threshold using a hypothetical price and comparing this price to the threshold. This hypothetical
price shall be calculated by assuming that 100,000 hours of effort are used for the life of the
program, apportioned equally over all proposed labor categories and all time periods,
The Government expects to reconcile the prime's proposal, net of adjustments to the proposals of
each major subcontractor and major inter-divisional transfer, to the respective
subcontractor/inter-divisional transfer PPAS proposal submissions. The prime contractor is
responsible for consistency of the cost data between the prime contractor's PPAS submission and
each subcontractor/interdivisional PPAS submission
The offeror is required to submit an electronically encoded cost model in accordance with the
PPAS format in support of the proposed price for subject acquisition. The PPAS cost model
submitted must be consistent with offeror's approved estimating system. The PPAS submission
should comply with the following format requirements:
? Data files should be submitted on CD-ROM.
? Data files/CD-ROMs should be accessible by an IBM compatible computer running
Windows 98 or later.
? All data files and electronic media delivered to the Government must be reviewed to
ensure that they are virus-free.
? If the data files are delivered in compressed format, the offeror shall ensure that the files are
either self-extracting or that the software program(s) required to extract the files to their
original format is included.
? For each proposal/scenario submitted, include two (2) PPAS files, each with the same
proposal/scenario name created in PPAS followed by the number "I". One file will conclude
with a.ddb suffix and the other with a.mdb suffix. For example, for a proposal/scenario
UNCLASSIFIEd
named DEMO, submit DEMO I .ddb and DEMO I .mdb. Do not change the names of the files
from those created in PPAS. Label the CD or provide a text file on the CD that identifies, for
each proposal on the CD, the proposal name, a description, and the type (CPAF or T&M).
? Arithmetic division operations shall not be used in the PPAS logic file. Instead, invert a
custom factor to be divided and then multiply by the inverted custom factor in the logic file.
This does not adversely affect the pricing of the proposal.
? Data shall be submitted by month and according to a contractor defined WBS structure that
appropriately reflects the effort proposed and which maps to the Government CLIN structure.
The PPAS proposal database shall reflect the entire bid price against Government specified
functional cost elements (see RCEs below) and the WBS structure created by contractor.
Contractors shall ensure that the WBS they develop will facilitate the WBS/CLIN mapping
process within PPAS.
? For all years beyond the Base Period and first award term option period which are
noncertified, where annual NTE estimates are sufficient, offerors may enter data into PPAS
into any single month for each Government fiscal year or spread into individual months.
Offerors shall ensure that the RCE Cost by WBS report for total proposal, which is included in
the Primary Source Selection Reports category, functions and is both internally consistent and
accurate, and is consistent with other PPAS reports. Offerors shall also ensure that the PPAS
templates defining the Cost Summary and the Cost Element Summary reports are completed
using the offeror's standard methodology and structure and that the reports that are produced
using these templates are consistent with other PPAS reports. Offerors using PPAS Composite
shall ensure that the Wrap Report template is complete and produces a consistent report within
PPAS Composite.
? The Government requires visibility into the labor/skills mix inherent in the proposal in order
to make a complete evaluation. For CPAF proposals, Offerors shall provide data in
accordance with their typical labor/skills mix categories. Labor grades shall not be combined
into a single labor resource in PPAS. For T&M proposals, offerors shall ensure that all labor
category blending done to create Proposal Labor Categories is shown clearly in PPAS
Composite.
? The prime's proposal shall uniquely identify for each Major Subcontractor and each major
interdivisional transfer, detailed by each WBS and time period, total labor hours, total labor
dollars, travel dollars shown in Section B, total other costs, total burdened costs exclusive of
fee, and price.
? The prime's proposal shall uniquely identify for the total of all Other Subcontractors and all
other interdivisional transfers, detailed by each WBS and time period, total labor hours, total
labor dollars, travel dollars shown in Section B, total other costs, total burdened costs
exclusive of fee, and price.
? The prime contractor shall include in its PPAS proposal only total travel dollars by CLIN as
reflected in Section B.
? Include in the PPAS proposal the capability to present costs in base-year FY03 dollars by
using the Required Cost Element RCE.BYPRICE. To achieve this, create one or more
separate PPAS custom factor(s) to capture a deflation index that will be applied to then-year
price (RCE.PRICE) to approximate base-year price (RCE.BYPRICE). These same indices
may be used by proposal evaluators to appropriately deflate any individual element of the
proposal.
UNCLASSIFIED/
2003-K-0004
? The prime's proposal shall specify total indirect burden for the sum of all subcontractor and
interdivisional transfer costs.
For CPAF proposals, the
proposal database:
following
required cost elements (RCE) shall be
included in the
Name
Description
Print Order
RCE.DIRLAB
RCE Direct Labor
9500
RCE.OTLABOR
RCE Overtime Labor
9510
RCE.SUMLABOR
RCE Labor + Overtime Labor
9520
RCE.LABOVHD
RCE Labor Overhead
9530
RCE.TOTLABOR
RCE Labor plus Overhead
9540
RCE.MAJSHRS
RCE Major Subcontractor Hours
9550
RCE.OTHSHRS
RCE Other Subcontractor Hours
9560
RCE.TOTSHRS
RCE Major + Other Subs Hours
9570
RCE.TOTHOURS
RCE Total Hours
9580
RCE.MAJSLAB
RCE Major Subcontractor Labor ($)
9590
RCE.OTHSLAB
RCE Other Subcontractor Labor ($)
9600
RCE.TOTSLAB
RCE Major + Other Subs Labor ($)
9610
RCE.MAJSCOST
RCE Major Sub Other Costs
9640
RCE.MAJSXFEE
RCE Major Sub Total Cost exc Fee
9650
RCE.MAJSPRCE
RCE Major Sub Total Price
9660
CE.OTHSCOST
RCE Other Subs Other Costs
9690
RCE.OTHSXFEE
RCE Other Sub Total Cost exc Fee
9700
RCE.OTHSPRCE
RCE Other Sub Total Price
9710
RCE.SUBBURN
RCE Total Subcontractor Burden
9720
RCE.ALLSUBS
RCE Total Subs + Burden ($)
9730
RCE.ODC
RCE Other Direct Costs
9800
RCE.ODCSUM
RCE Other Direct Costs Summary
9810
RCE.COST
RCE Cost less G and A
9820
RCE.GA
RCE G and A ($)
9830
RCE.CSTINCGA
RCE Cost Including G and A
9840
RCE.COM
RCE Cost of Money
9850
RCE.FEEBASE
RCE Cost Basis for Fee
9860
RCE.FEE
RCE Fee
9870
RCE.MISC
RCE Miscellaneous
9880
RCE.PRICE
RCE Price
9890
RCE.BYPRICE
RCE Base Year Price
9900
RCE.DIRLAB (RCE Direct Labor)
Unburdened hours and dollars resulting from only the prime contractor's regular time (not
overtime) direct labor hours.
RCE.OTLABOR (RCE Overtime Labor)
Unburdened hours and dollars resulting from only the prime contractor's overtime (not regular
time) direct labor hours.
2003-K-0004
RCE.SUMLABOR (RCE Labor + Overtime Labor)
Total of unburdened hours and dollars resulting from only the prime contractor's regular time
direct labor hours and overtime direct labor hours.
RCE.LABOVHD (RCE Labor Overhead)
All overhead dollars applied to the total of only the prime contractor's regular time direct labor
hours and overtime direct labor hours.
RCE.TOTLABOR (RCE Labor plus Overhead)
Total of unburdened dollars from only the prime contractor's regular time direct hours,
overtime direct labor hours, and overhead on these dollars.
RCE.MAJSHRS (RCE Major Subcontractor Hours)
Total of regular time direct labor hours and overtime direct labor hours from each subcontractor
and interdivisional transfer that exceeds the threshold defined in paragraph L. 15.4.
RCE.OTHSHRS (RCE Other Subcontractor Hours)
Total of regular time direct labor hours and overtime direct labor hours from the sum of all
subcontractors and interdivisional transfers that do not exceed the threshold defined in
paragraph L.15.4.
RCE.TOTSHRS (RCE Major + Other Subs Hours)
Total of regular time direct labor hours and overtime direct labor hours from all subcontractors
and interdivisional transfers regardless of whether they exceed the threshold defined in
paragraph L.15.4.
RCE.TOTHOURS (RCE Total Hours)
Total of all direct labor hours (regular and overtime) from prime, all subcontractors and
interdivisional transfers.
RCE.MAJSLAB (RCE Major Subcontractor Labor ($))
Total dollars, including subcontractor burden but not prime burden, from regular time direct
labor hours and overtime direct labor hours from each subcontractor and interdivisional transfer
that exceeds the threshold defined in paragraph L.15.4.
RCE.OTHSLAB (RCE Other Subcontractor Labor ($))
Total dollars, including subcontractor burden but not prime burden, from regular time direct
labor hours and overtime direct labor hours from the sum of all subcontractors and
interdivisional transfers that do not exceed the threshold defined in paragraph L.15.4.
RCE.TOTSLAB (RCE Major + Other Subs Labor ($))
UNCLASSIFIED(
Total dollars, including subcontractor burden but not prime burden, from regular time direct
labor hours and overtime direct labor hours from all subcontractors and interdivisional transfers
regardless of whether they exceed the threshold defined in paragraph L.15.4.
RCE.MAJSCOST (RCE Major Sub Other Costs)
The total of all other costs (excluding labor, labor burden, material, material burden, travel, and
fee) from all subcontractors and interdivisional transfers that exceed the threshold defined in
paragraph L.15.4.
RCE.MAJSXFEE (RCE Major Sub Total Cost excluding Fee)
The total of all costs (excluding fee) from each subcontractor and interdivisional transfer that
exceeds the threshold defined in paragraph L.15.4.
RCE.MAJSPRCE (RCE Major Sub Total Price)
The total of all costs from each subcontractor and interdivisional transfer that exceeds the
threshold defined in paragraph L. 15.4.
RCE.OTHSCOST (RCE Other Subs Other Costs)
The total of all other costs (except for labor, labor burden dollars, and fee) from all
subcontractors and interdivisional transfers that do not exceed the threshold defined in paragraph
L.15.4.
RCE.OTHSXFEE (RCE Other Sub Total Cost excluding Fee)
The total of all costs (excluding fee) from all subcontractors and interdivisional transfers that do
not exceed the threshold defined in paragraph L.15.4.
RCE.OTHSPRCE (RCE Other Sub Total Price)
The sum of all costs from all subcontractors and interdivisional transfers that do not exceed the
threshold defined in paragraph L.15.4.
RCE.SUBBURN (RCE Subcontractor Burden)
Total burden applied by the prime to the sum of all subcontractor and interdivisional transfer
dollars regardless of the threshold defined in paragraph L.15.4.
RCE.ALLSUBS (RCE Total Subs + Burden ($))
Total of all subcontractor and interdivisional dollars plus all burden applied by the prime to the
sum of all subcontractor and interdivisional dollars.
RCE.ODC (RCE Other Direct Costs)
Total of prime contractor's other direct costs (excluding the prime contractor's travel and
material).
RCE.ODCSUM (RCE Other Direct Costs Summary)
Total other direct costs (excluding travel and material) from prime, all subcontractors and
interdivisional transfers.
RCE.COST (RCE Cost less G and A)
Total dollars resulting from all direct labor, all subcontractors, all interdivisional transfers, all
material, all travel, all other direct costs, and all burden but excluding general and administrative
costs, cost of money and fee.
RCE.GA (RCE G and A ($))
Total of general and administrative dollars applied by the prime contractor.
RCE.CSTINCGA (RCE Cost including G and A)
Sum of RCE.COST + RCE.GA.
RCE.COM (RCE Cost of Money)
Total cost of money dollars applied by the prime contractor.
RCE.FEEBASE (RCE Cost Basis for Fee)
Total dollars on which fee is applied by the prime contractor.
RCE.FEE (RCE Fee)
Total fee dollars applied by prime contractor.
RCE.MISC (RCE Miscellaneous)
Total of all dollars not applicable to other required cost elements (Provide description of
components in proposal textual information.)
RCE.PRICE (RCE Price)
Total proposal price.
RCE.BYPRICE (RCE Base Year Price)
Total proposed price in base year dollars.
Offerors may use whatever unique names they wish for all other cost elements, but must
calculate these cost elements in order that the Government may use PPAS's Cost Summary
reports without having to interpret Offerors' pricing logic. For purposes of completing the PPAS
submission regarding RCE elements, major subcontractors are those that exceed the dollar
threshold for requiring submission of PPAS. Other subcontractors are those below that
threshold. Interdivisional work shall follow the same instructions as for subcontractors.
L.15.7 Basis of Estimate Sheets by Contractor Work Breakdown Structure
In a separate appendix to the Cost Volume, using MS Word or MS Excel, include a Basis of
Estimate in contractor format that is a summary of the total proposed requirements to level 3 of
2003-K-0004
the Contractor WBS. Following the summary, provide estimating rationale that describes in
general terms how the hour, material, travel, and ODC estimates for each element were
developed. Also provide a description of type of data used to develop the estimate, i.e. historical
experience from the XYZ program, why that program was relevant, engineering judgment,
technical parameters and cost estimating relationships, etc. Also, as the prime contractor,
provide a discussion of the adjustments made to each major subcontractor's, vendor's, and major
interdivisional transfer's proposal, by type of adjustment (e.g. expected reduction due to
negotiation, re-distribution of work, etc.) as summarized, for each subcontractor, in a Cost
Element in the PPAS Logic File.
L.15.8 DCAA Submission
Offerors shall provide a copy of their cost proposal, including PPAS or to their cognizant
Defense Contract Audit Agency (DCAA) in conjunction with the submission to the EE
contracting officer for audit/verification purposes. Subcontractors who meet the threshold for
PPAS submittal shall also submit PPAS or PPAS Composite files to their cognizant DCAA
office.
L.15.9 Subcontracting Plan
Include a Subcontracting Plan in accordance with FAR 52.219-9, Alt II. The plan must be
approved by the Contracting Officer before contract award.
L.15.10 Evaluation of Award Term Options
The Government will evaluate offers for award purposes by adding the total price for all the base
period and potential award term option extensions to the total price for the basic requirement.
Evaluation of award term options will not obligate the Government to exercise the options.
L.15.11 Changes After Contract Award
After contract award, PPAS will be used on an ongoing basis for capturing actual data and for
estimating modifications to the program. On the proposals, the prime and each major
subcontractor interdivisional and vendor shall submit actual hours and dollars in PPAS.
Submissions of actual data will occur monthly. The prime contractor is responsible for
consistency of PPAS data between the prime and subcontractor submissions. Within one week
after the end of each month, prime and each major subcontractor will submit in PPAS unbilled
hours incurred for the previous month. The Government will use this data for preliminary
variance analysis pending receipt of actual hours and dollars in a new PPAS scenario.
PPAS will be used as the pricing tool to be used in conjunction with Engineering Change
Proposals (ECP). Program modifications will be estimated in PPAS and will include actual data
for work already complete, an updated estimate-to-complete, and an updated estimate-at-
completion. The Change Order Module of PPAS will be used for this purpose, and separate
breakdowns shall be provided for Work Deleted, Work Added, and Work Deleted but Already
Performed.
2003-K-0004
L.16 VOLUME 6 -SECURITY
L.16.1 Security Plan Requirements
The Security volume describes the Offeror's policies and procedures to ensure compliance with
the security guidance of this RFP and the CDCG. Security Volume information consists of a
Security Plan that describes how the Offeror proposes to comply with the security requirements
of the proposed contract. If the personnel involved in this contract will require TOP SECRET
clearances, the Offeror must take into account the extended period of time that may be required
to process clearances. The security plan must include an affirmative statement indicating a
corporate commitment to staffing this effort with personnel having the appropriate clearances
and that there are no Foreign Organization Conflicts of Interest (FOCI).
The Offeror's Security Plan shall address how they will meet Government industry security
requirements and how they will meet personnel security requirements. Items to be provided in
this plan shall include, but are not limited to the following:
a. Security organization: Describe the Offeror's security organization showing lines
of communication to corporate management and the ability to exercise a
coordinated effort to expedite clearance actions.
b. Personnel Security: The Offeror shall include a personnel listing in Microsoft
Excel Format, for all employees identified in their submissions, including:
1. Full name
2. Date of Birth
3. Place of Birth
4. Social Security Number
5. Clearances Held
6. Date Clearance granted
7. Government Sponsor
8. Polygraph examinations taken
9. Date of Polygraph
10. Government Agency Administering Polygraph
c. Screening Procedures: The Offeror shall describe the pre-screening procedures to
be used prior to submitting employees for sponsor clearances.
d. Security Training: The Offeror shall describe its security training program,
identifying its compliance with security requirements referenced in this RFP.
This section shall include how you intend to promote good security procedures
within a classified environment.
e. Accredited SCIF: The Offeror shall identify the proposed location for performing
this effort and indicate whether the SCIF is already accredited or is accreditable
under DCID standards.
UNCLASSIFIED
f. Accredited Automated Information System (AIS): The Offeror shall state and
identify that their AIS meets the requirements for SCI accreditation under DCIS
6/3 standards.
g. Security Approach: The Offeror shall describe the approach to executing a
security program, which is in compliance with Government security policies,
procedures and directives.
h. The Offeror shall include a clear statement that they will comply with all security
requirements of the National Industrial Security Program Manual (NISPOM)
dated January 1995, all applicable Sponsor security policies and procedures, and
all applicable Director of Central Intelligence Directives (DCIDs).
i. The Offeror shall provide a clear statement that they understand the Sponsor's
personnel clearance program and the clearance level processing requirements to
include level-relative processing time for the various required clearances. All
persons assigned to this effort are required to be US citizens and have, at the start
of the contract, the level of clearance required for the specific task.
The security plan shall include a matrix of proposed personnel and their security
clearances entitled "Cleared Personnel Matrix", which must include of each
individual: full name, social security number, clearance level and grantor. The
security plan must include an affirmative statement indicating a corporate
commitment to staffing this effort with personnel having the appropriate
clearances.
k. The Offeror shall submit a current SF 326, "Certificate Pertaining to Foreign
Interests" (FOCI) and a "Key Management Personnel List"(KMPL). All
affirmative answers to FOCI questions must be accompanied by a detailed
explanation. All forms must bear an original signature. Copies of previously
submitted SF328s will be accepted, if a signed statement attesting that the
information on the forms is still current and valid accompanies them.
1. The offeror shall include a clear statement that will comply with all security
requirements of the National Industrial Security Program Manual (NISPOM) dated
January 1995, all applicable Sponsor security policies and procedures, and all
applicable Director of Central Intelligence Directives (DCIDs).
The Security Evaluation Panel will address the evaluation identified in M.4 Assessment Criterion
Factor 4.0 Security, as a minimum.
L.16.2 Foreign Ownership, Control, or Influence (SEP 2002)
(a) Notwithstanding the provisions of Section 3 of the NISPOM, the Government intends to
secure services or equipment from firms which are not under foreign ownership, control, or
UNCLASSIFIED:
influence (FOCI) or where any FOCI may, in the opinion of the Government, adversely impact
on security requirements. Notwithstanding the limitation on contracting with an Offeror under
FOCI, the Government reserves the right to contract with such Offerors under appropriate
arrangements, when it determines that such contracts will be in the best interest of the
Government.
(b) Accordingly, all Offerors responding to this RFP or initiating performance of a contract are
required to submit a Standard Form (SF) 328, Certificate Pertaining to Foreign Interests (or
update a previously submitted SF328), and a Key Management Personnel List (KMPL) with
their proposal or prior to contract performance, as appropriate. All SF 328s and KMPLs shall be
executed at the parent level of an organization. However, the Government reserves the right to
request a separate SF328 and KMPL at the level of the company negotiating a contract with the
Government, when desired. Offerors are also required to request, collect, and forward to the
Government the SF328 from all Subcontractors undertaking classified work under the Offeror's
direction and control. Offerors are responsible for the thoroughness and completeness of each
Subcontractor's SF328 submission. SF328 entries should specify, where necessary, the identity,
nature, degree, and impact of any FOCI on their organization or activities, or the organization or
activities of a subcontractor. Additionally, a KMPL must be submitted with each SF328, which
identifies senior management, by name, position, social security number, date/place of birth, and
citizenship status.
(c) The Contractor shall, in any case in which it believes that foreign influence exists or is being
sought over its affairs, or the affairs of any Subcontractor, promptly notify the Contracting
Officer of all the pertinent facts, even if such influence is not exerted to the degree specified in
the NISPOM.
(d) The Contractor shall provide an updated SF328 and KMP List no later than five years from
the date as certified on the last submitted SF328. The Contractor shall also promptly disclose to
the Contracting Officer any information pertaining to any interest of a FOCI nature in the
Contractor or Subcontractor that has developed at any time during the contract's duration or has
subsequently come to the Contractor's attention. An updated SF328 is required of the Contractor
or any Subcontractor whenever there is a change in response to any of the 10 questions on the
SF328.
(e) The Contractor is responsible for initiating the submission of the SF328 and KMP for all
Subcontractors undertaking classified work during the entire period of performance of the
contract.
UNCLASSIFIED
APPENDIX A OF SECTION L - ACRONYM LIST
ACE
ARC
CDR
CLIN
CM
CMP
CONUS
COR
COTR
COTS
CPAF/AT
CWBS
DCAA
DCMA
DDS
DMB
DoDIIS
DUNS
EE
EIT
EST
FAR
FOC
G&A
GAO
GFP
GGI
GI
GIAT
GOTS
HBCU
IA
ICD
IOC
ITF
JPO 1
JPO2
LOE
MI
MS
NCCB
NIMA
Acquisition Center of Excellence
Acquisition Research Center
Critical Design Review
Contract Line Item Number
Configuration Management
Configuration Management Plan
Continental United States
Contracting Officer Representative
Contracting Officer Technical Representative
Commercial-off-the-shelf
Cost Plus Award Fee/Award Term
Contract Work Breakdown Structure
Defense Contract Audit Agency
Defense Contract Management Agency
Defense Dissemination System
DoDIIS Management Board
Department of Defense Intelligence Information System
Data Universal Numbering System
Enterprise Engineer
Early Interface Test
Eastern Standard Time
Federal Acquisition Regulation
Full Operational Capability
General and Administrative
Government Accounting Office
Government Furnished Property
Global Geospatial Intelligence
Geospatial Intelligence
Geospatial Intelligence Advancement Testbed
Government-Off-The-Shelf
Historically Black Colleges and Universities
Imagery Analyst
Interface Control Document
Initial Operational Capability
Integrated Test Facility
Joint Program Office effectivity 1
Joint Program Office effectivity 2
Level of Effort
Minority Institutions
Microsoft
NIMA Configuration Control Board
National Imagery and Mapping Agency
UNCLASSIFIED
NLT No Later Than
NPE NIMA Prototyping Environment
NRO National Reconnaissance Office
NSES NIMA System Engineering Services
NSGI National System for Geospatial Intelligence
O&M Operations and Maintenance
O&S Operations and Support
OCONUS Overseas Continental United States
ODCs Other Direct Costs
CO Contracting Officer
PDR Preliminary Design Review
PDW Procurement Defense Wide
POC Point of Contact
PP Past Performance
PPP Program Protection Plan
Q&A Questions and Answers
QA Quality Assurance
R&D Research and Development
RCE Required Cost Element
RFC Request for Change
RFP Request for Proposal
RIC Requirement to Image Correlation
SB Small Business
SCI Sensitive Compartmented Information
SCIF Sensitive Compartmented Information Facility
SDB Small Disadvantaged Business
SIC Standard Industrial Classification
SOR Statement of Requirements
SOW Statement of Work
SRR System Requirements Review
TEM Technical Exchange Meeting
UIP USIGS Interoperability Profile
USIGS United States Imagery and Geospatial Information Service
UNCLASSIFIETI'ts
SECTION M - EVALUATION FACTORS FOR AWARD
M.1 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)
M.2 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same
force and effect as if they were given in full text. Upon request, the Contracting Officer will
make their full text available. The Offeror is cautioned that the listed provisions may include
blocks that must be completed by the Offeror and submitted with its quotation or offer. Identify
the provision by paragraph identifier and provide the appropriate information with its quotation
or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these
address(es):
http: //www. arnet/far. gov
M.3 152.215-725 Evaluation Procedures and Factors for Award (JAN 1998)
1. Introduction:
The objective of the evaluation process is to select and recommend an Offeror to the Source
Selection Authority for award of a contract. Proposals and oral presentations received in
response to this Request for Proposal shall be evaluated in accordance with the procedures set
forth below.
II. Competitive Range Determination:
In accordance with FAR subpart 15.306(c), the competitive range shall be determined on the
basis of an initial evaluation of the Offeror's written proposal and oral presentation submitted in
response to the Enterprise Engineer Request for Proposal. The competitive range shall include
only those proposals most highly rated after initial evaluation. The initial evaluation of
proposals and the initial determination of the competitive range will be made upon a review of
the written proposal and oral presentation along with consideration of any information
exchanged during communications as defined in FAR subpart 15.306. The Government shall
discontinue the evaluation of any proposal, which is not considered in the competition range
after initial evaluation.
Written or oral discussions shall be held with all Offerors within the competitive range if
discussions are required to make the final selection. The intent of these discussions is to obtain
the best value based upon the requirements and evaluation factors set forth in Section M. The
scope, extent and format of discussions are at the discretion of the Contracting Officer and will
UNCLASSIFIED(,;
be tailored to each Offeror's proposal. During these discussions the government will resolve all
material issues to select the best offers for final negotiations. Revisions to an Offeror's written
proposal during discussions are at the discretion of the Contracting Officer. When discussions
are concluded, all Offerors within the competitive range will be given the opportunity to submit a
final revised proposal within the time constraints identified by the Contracting Officer.
IV. Award
Final revised proposals will be evaluated for the purpose of selecting one Offeror for award. The
evaluation criteria used in this evaluation shall be the same as those used in the initial evaluation.
V. Notice and Debriefing:
Debriefings will be conducted in accordance with FAR subpart 15.5. As noted above, this
solicitation does not provide for the submission of revised proposals unless justified. Therefore,
Offerors who remain in the competitive range, but which are not ultimately selected for award,
shall be notified after final revised proposals have been evaluated and a contract has been
successfully negotiated and signed with the successful Offeror. Requests for debriefings must
be in writing and must be received by the Government Contracting Officer within three days
after the date on which the Offeror receives notification of the Government's source selection
decision.
VI. Evaluation Factors and Criteria:
In determining the award of contract, primary consideration shall be given to the Offeror, that
can perform the contract in a manner most advantageous to the Government, cost/price and other
factors considered. Evaluation shall be conducted by comparing an Offeror's proposal against
the requirements contained in this solicitation, including all compliance documents. An
Offeror's proposal must accurately demonstrate an understanding of the objectives and scope of
the project.
M.4 Proposal Evaluation
The Government intends to award one contract resulting from this solicitation to the responsible
Offeror whose offer conforming to this solicitation is judged to be most advantageous and of best
value to the Government, cost and other factors considered. The Government reserves the right
to award no contract at all, depending on the quality of the proposals, the availability of funding,
and the continued existence of the requirement.
In order of relative importance Factor 1 - Management Approach is more important than Factor
2 - Technical Approach to Enterprise Engineering which is more important than Factor 3 - Past
Performance. Factor 4 - Security will be evaluated on a pass/fail basis. Factors 1-4 listed above
are considered non-cost factors. Each Offeror's proposal will be evaluated for the combined non-
cost factors and cost. Non-cost factors are significantly more important than cost. The Security
Area will be evaluated on a pass/fail basis. If an Offeror's proposal fails to meet the security
criteria, the offer will be rejected.
Area 1: Program Evaluation
The Program Evaluation area consists of four non-cost factors: Management Approach,
Technical Approach, Past Performance and Security, which will be evaluated using the specific
criteria below.
Factor 1.0 Management Approach
The Offeror's Enterprise Engineering proposal should meet the requirements and challenges of
managing the Enterprise Engineering of NSGI as delineated in the following four sub-factors.
Sub-factor 1.1 Coordinating GeoScout and Existing Contracts
The extent to which the proposed Transition Plan and Management Plan facilitate an effective
transition of responsibilities from the existing contractors, and establish effective means of
interaction with NIMA resources, GeoScout, Operations & Sustainment (O&S), heritage and
legacy contractors.
Sub-factor 1.2 Staffing and Retention
The extent to which the proposed Management Plan provides (1) staffing of a cleared, skilled,
knowledgeable, and experienced workforce, (2) extensive System, Strategic and Tactical
Engineering expertise, (3) qualified business case analysis personnel, (4) a plan for long-term
retention of that workforce, and (5) an effective organizational design.
Sub-factor 1.3 Subcontractor Management
The extent to which the proposed Management Plan provides effective strategies to ensure the
effectiveness and quality of the work performed by the Offeror's subcontractors.
UNCLASSIFIED
Sub-factor 1.4 Key Personnel Quality
The extent to which the Offeror identifies an appropriate number of key positions within the
Enterprise Engineering organization, and proposes personnel with the appropriate education,
skills and experience to fill those key positions.
Factor 2.0 Technical Approach to Enterprise Engineering
The Offeror has demonstrated a sound technical approach in the following four sub-factors as
identified in their oral presentation and solution to problem.
Sub-factor 2.1 Understanding of Requirements
The extent to which the Offeror's proposed technical approach demonstrates understanding of
NIMA's corporate and mission requirements (internal and external).
Sub-factor 2.2 Enterprise Engineering
The extent to which the proposed enterprise engineering strategy demonstrates an effective
systems engineering (SE) capability to evolve, implement and maintain the enterprise
architecture, strategic and tactical systems engineering and Systems Needs And Requirements
Management.
Sub-factor 2.3 Architecture Management
The extent to which the proposed enterprise architecture management strategy provides an
effective capability to evolve, maintain, and ensure the proper implementation of the enterprise
architecture.
Sub-factor 2.4 Enterprise Engineering Tools and Processes
The extent, to which the Offeror provides an integrated set of tools and system engineering
processes, which represent industry "best of breed" and support an evolving, inter-operable,
automated Enterprise Engineering process.
Factor 3.0 Past Performance
The Offerors must demonstrate through information supplied in the Annex D Questionnaire and
other information available to the Government that their organization meets or exceeds the
critical elements of this contract as set out in the four sub-factors of Program Management, Cost
Control, Technical Performance, and Timeliness of Performance.
Sub-factor 3.1 Program Management
The Offeror will be evaluated on the ability to provide effective management, effective
subcontractor management, cooperative and proactive behavior with the technical
representatives(s) and Contracting Officer, flexibility, responsiveness to inquires, problem
resolution and customer satisfaction.
Sub-factor 3.2 Cost Control
The Offer will be evaluated on the ability to perform within or below budget, use of cost
efficiencies, relationship of negotiated costs to actuals, submission of accurate change proposals,
and providing current, accurate, and complete timely billing.
Sub-factor 3.3 Technical Performance
The Offeror will be evaluated on compliance with and quality of previous contract requirements
and accuracy of reports.
Sub-factor 3.4 Timeliness of Performance
The Offer will be evaluated on meeting milestones, reliability, responsiveness to technical
direction, deliverables completed and on-time, and adherence to contract schedules including
contract administration.
Factor 4.0 Security
Security shall be evaluated on a pass or fail basis and will be based on the Security Plan and the
Staff Qualification Matrix each Offeror submits as part of their proposal.
Evaluating cost in this acquisition involves reviewing an offeror's proposal for cost realism. A
cost basis for best value determination will then be prepared. The cost proposal shall be
analyzed to determine the offeror's understanding of the solicitation requirements as well as the
validity of the offeror's approach to performing the required tasks. An assessment of the
Government's confidence in the offeror's ability to perform within their submitted cost proposal
will be made. Cost, while being an important factor, is not the single determining factor in the
selection of the successful offeror for contract award. Although the cost proposals will not be
scored separately, cost will be used as a factor in determining best value.
Cost proposals shall be assessed to determine the Offeror's understanding of the solicitation
requirements, as well as to assess the validity of the Offeror's approach to performing the work
(i.e., the degree of the Government's confidence in the Offeror's ability to perform at or within
the estimated cost). The Government shall develop a Most Probable Cost (MPC) taking into
account the above considerations, and associated costs, as a basis for assessing the realism of
proposed cost and price. The Government will evaluate the realism of proposed cost/price by
assessing the compatibility of proposed cost/price with proposal scope and effort. For the cost to
be realistic, it must reflect what it would cost the Offeror to perform the effort, if performed with
reasonable economy and efficiency. The cost realism evaluation relies on the developed MPC.
Cost realism evaluation includes a review of the overall costs in an Offeror's proposal to
determine realism, reasonableness, and completeness.
UNCLASSIFIED&
Security Area
Security shall be evaluated on a pass or fail basis and will be based on the Security Plan and the
Staff Qualification Matrix each Offeror submits as part of their proposal.
M.5 Assessment Criterion
A risk assessment, reflecting the Government's degree of confidence in the Offeror's ability to
accomplish the Enterprise Engineer effort as described in their proposal. Offerors are cautioned
that proposals which the Government considers unrealistic in terms of management, technical or
past performance will be deemed indicative of an inherent lack of comprehension of the
complexity and risks of the requirements and may be rejected.
Table 2 - Proposal Risk Assessment Rating Scale
INTENSITY
NARRATIVE DESCRIPTION
HIGH
Likely to cause serious impact on performance, increase in cost, or disruption of
schedule. Will require a high level of contractor emphasis and Government
monitoring to overcome difficulties.
MODERATE
Likely to cause moderate impact on performance, increase in cost or disruption
of schedule. Will require a medium level of contractor emphasis and
Government monitoring to overcome difficulties.
LOW
Likely to cause minimal or no impact on performance, increase in cost or
disruption of schedule. Will require a low level of contractor emphasis and a
low level of Government monitoring to overcome difficulties.
UNCLASSIFIED\i
Appendix 1 Past Performance Questionnaire
Your assistance is requested in support of a source selection for the National Imagery and
Mapping Agency (NIMA).
Please complete this past performance questionnaire and return to:
National Imagery and Mapping Agency
Attn: Ms Jean Appel, CO
MSP - 65
12310 Sunrise Valley Drive
Reston, VA 22091-3449
Fax: 703 755-5340
The completed questionnaire is needed by 8 May 2003 for use in this source selection.
When all evaluation information is completed, this form constitutes SOURCE SELECTION
INFORMATION (41 U.S.C. 423) and shall be protected accordingly.
1. Contractor Name and Address:
3. Value (with options):
5. Completion Date:
6. Contract Type:
7. Fee Type:
8. Summary Description of Contract:
UNCLASSIFIED
ITEMS 9-17 TO BE COMPLETED BY EVALUATING ORGANIZATION
REPRESENTATIVE
9. Evaluator Name, Position, Organization:
12. Observed Months of
Performance:
For each of the performance areas indicated in part 13, please circle the response code which
best reflects your experience with this contractor
EX = Excellent-Performance meets contractual requirements and exceeds many, to the
Government's benefit. The contractual performance of the area being assessed was
accomplished with few minor problems, for which corrective actions taken by the
contractor were highly effective.
VG = Very Good-Performance meets contractual requirements and exceeds some, to the
Government's benefit. The contractual performance of the area being assessed was
accomplished with some minor problems, for which corrective actions taken by the
contractor were effective.
S = Satisfactory-Performance meets contract requirements. The contractual
performance of the area being assessed contains some minor problems for which corrective
actions taken by the contractor appear or were satisfactory.
MG = Marginal-Performance does not meet some contractual requirements. The
contractual performance of the area being assessed reflects a serious problem for which the
contractor has not yet identified corrective actions, or, the proposed actions appear only
marginally effective or were not fully implemented.
US = Unsatisfactory-Performance does not meet most contractual requirements and
timely recovery is not likely. The contractual performance in the area being assessed
contains serious problems for which the contractor's corrective actions appear, or were,
ineffective.
For the performance areas rated "EX" or "US", please also provide comments in part 15.
13A. Program Management
1.
Coordinates and integrates activities
EX VG
S
MG US N/O
2.
Open communication with Government, Subcontractors and other
contractors
EX
VG
S
MG
US
N/O
3.
Effectively identifies and applies resources
EX
VG
S
MG
US
N/O
4.
Effective Subcontract management
EX
VG
S
MG
US
N/O
5.
Recruits and retains stable workforce
EX
VG
S
MG
US
N/O
6.
Staff have appropriate domain experience
EX
VG
S
MG
US
N/O
7.
Responsive to program changes
EX
VG
S
MG
US
N/O
8.
Use of innovative approaches to solve issues
EX
VG
S
MG
US
N/O
9.
Ability to provide staff with appropriate clearance
EX
VG
S
MG
US
N/O
13B Cost Control
1. Effective financial management (forecast/manage/control)
2. Timely reporting of cost data and issues
13C Technical Performance
1.
Quality of deliverables/services
EX
VG
S
MG
US
N/O
2.
Meeting Government and customer expectations
EX
VG
S
MG
US
N/O
3.
Inserting new technology into existing architectures
EX
VG
S
MG
US
N/O
4.
Ability to evolve/maintain enterprise and mission architectures
EX
VG
S
MG
US
N/O
5.
Performance in multiple large, complex technical tasks
EX
VG
S
MG
US
N/O
6.
Introduce and integrate new business processes
EX
VG
S
MG
US
N/O
13D Timeliness of Performance
1. Deliveries on schedule
2. Ability to identify, analyze, mitigate program risk
14 Overall Assessment
A. Comments on "EX" (Excellent) ratings, explaining strengths:
B. Comments on "US" (Unsatisfactory) ratings, explaining weaknesses:
16. Has an y unsatisfactory performance identified above been shared with the contractor?
( ) Yes: written or oral? ( )No
17. Would you use this contractor again? ( ) Yes ( ) No (Explain why not in 15C)
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