Professional Documents
Culture Documents
SOLICITATION
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
handcarried, in the depository located in 1 Kansas St Natick, Ma 01760 until 01:00 PM local time 31 May 2011
(Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
conditions contained in this solicitation.
10. FOR INFORMATION A. NAME B. TELEPHONE (Include area code) (NO COLLECT CALLS) C. E-MAIL ADDRESS
CALL:
15B. TELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
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SECTION A SUPPLEMENTAL
A.1. The Army Contracting Command - Aberdeen Proving Ground (Soldier, Chemical, Research and Testing),
Natick Contracting Division has a requirement for a new family of US Army camouflage patterns. This is an
unrestricted solicitation and will be procured using full and open competition.
A.2. The Government anticipates multiple Firm Fixed Price awards with one (1) pattern refinement stage (Stage 2)
for the Camouflage Pattern Family, and an option CLIN to purchase government non-exclusive license rights (Stage
3) for each pattern in the Camouflage Pattern Family. The Government reserves the right to award one or more
contracts, or none as a result of this solicitation.
A.3. In accordance with Section M, Paragraph M.2, the Technical Area is the most important of all the areas; the
Technical Area is more important than the Management/Production Readiness Area; the Management/Productin
Readiness Area is significantly more important than the Contract/Cost/Price Area; the Contract/Cost/Price Area is
more important than the Past Performance Area; the Past Performance Area is more important than the Small
Business Participation Plan. Area I - Technical Factor A is more important than B. Area II - Management Factor A
is significantly more important than B, and Factors B and C are of equal importance. To receive consideration for
award, a rating of no less than “Acceptable” must be achieved for all areas. Offerors are cautioned that the award
may not necessarily be made to the lowest price offered.
A.4. The North American Industry Classification System (NAICS) code is 541712.
A.6. This solicitation is subject to availability of funds. Proposals shall be valid for at least 120 days. Please
annotate the last day the proposal will be valid. Firms will not be reimbursed for any costs associated with their
proposal preparation.
A.7. DISCLOSURE OF UNIT PRICE INFORMATION – This constitutes notification pursuant to Executive Order
12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987) of our
intention to release unit prices of the awardees in response to any request under the Freedom of Information Act, 5
USC 552. Unit price is defined as the contract price per unit of item purchased. We consider any objection to be
waived unless the contracting officer is notified of your objection to such release prior to submission of initial
proposals.
A.8. The Exhibit and Attachments listed in Section J may be downloaded from the ASFI website:
https://www3.natick.army.mil or https://www.fbo.gov/ Solicitation Number W911QY-11-R-0008.
A.9. All submissions in response to this request should be made via electronic means. The following formats will
be accepted: Adobe Acrobat (.PDF) Microsoft Word (.doc) Microsoft Excel (.xls). Hard copies of the proposal
shall be addressed to the following:
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A.10. All questions shall be directed to Huy Le, at huy.d.le@us.army.mil, not later than ten (10) days prior to the
closing date of this solicitation.
A.11. Proposals are due not later than the closing date and time on page 1, box 9 of solicitation W911QY-11-R-
0008.
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NET AMT
NET AMT
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NET AMT
NET AMT
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NET AMT
See Exhibit A
NET AMT
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NET AMT
NET AMT
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NET AMT
NET AMT
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C.1. BACKGROUND
The requirements of this contract will support the US Army’s camouflage improvement efforts. All tasks performed
will be in accordance with the Performance Work Statement (PWS.) Camouflage solutions developed as a result of
this contract may be incorporated by other branches of the armed services. The intent of this effort is to work with
multiple vendors to develop a family of camouflage patterns. The family is comprised of three patterns / color
palettes for the uniforms (i.e., wooded, arid and transitional), which have the same or similar geometry, and one
pattern for the personal protective equipment (PPE) / organizational clothing and individual equipment (OCIE),
which may or may not be one of the uniform patterns. The uniform patterns / palettes must be compatible with the
PPE / OCIE pattern / palette.
The Army is looking at the feasibility (i.e., cost, schedule and performance) of transitioning some or all of its
current clothing and OCIE to a family of camouflage patterns that offers improvements in multiple environments
over the current patterns: Marine Corps Pattern (MARPat) Woodland and Desert, Operation Enduring Freedom
Camouflage Pattern (OCP), Area of Responsibility (AOR) 1, AOR 2, Woodland Battle Dress Uniform (BDU) and
Desert Combat Uniform (DCU). This will be accomplished through a multi-stage effort involving Government and
commercial solutions. The first stage involves proposal/artwork submission and evaluation based on Sections L and
M of solicitation. Stage 2 involves the contract award winners and entails the refinement of the pattern(s), the
printing of the patterns on various substrates and the delivery of the printed goods and associated
finishings/findings. Fabricated uniforms and PPE / OCIE will be evaluated during Stage 3 via a series of
developmental and operational tests and a determination will be made, based on these findings, on whether to
exercise contract option CLINs.
C.2. OBJECTIVE
The first objective of this effort is to develop for the US Army a family of camouflage patterns that offers improved
concealment and reduced detection capability over current patterns. The second objective is to acquire the data
rights for a portion or all of the best performing camouflage patterns.
C.3. REQUIREMENTS
This contract shall provide the Army with a camouflage solution or solutions for wooded, arid and transitional
environments, as defined in the attached materials (see Attachment C - Science Terrain Assessment 9 Dec 2010).
This camouflage improvement effort will have three distinct stages (see Attachment A - Camo Program Strategy 9
Dec 2010) during its life cycle.
The contractor must be able to print or work with a printer that (1) has full-production print capability for 50/50
nylon/cotton (nyco) and Cordura, and (2) can print their proposed family of patterns on the specified substrates
without neglecting the visual, near-infrared (near-IR) and short wave infrared (SWIR) performance.
The Government will provide the following information as attachments to the solicitation (also see Section J).
5.1. Attachment 1 - Overall strategy timeline chart and Program strategy brief describing the 3 stages,
"Camo Program Strategy 9 Dec 2010.pdf"
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C.6. DELIVERABLES
C.6.1. The Contractor, for each pattern awarded under CLINS 0001, 0002 and 0003, shall provide:
C.6.1.1. 1000 yards of 50/50 Nyco ripstop (for uniform/helmet cover fabrication) with visual,
near-IR, SWIR performance. The material provided must use full-scale production techniques.
C.6.1.2. Finishings/Findings:
C.6.1.2.1. 200 feet of 4 inch loop
C.6.1.2.2. 200 feet of 1 inch hook and loop
C.6.1.2.3. 50 blouse zippers
C.6.3. The contractor shall provide monthly progress and status reports in accordance with Contract Data
Requirement List, provided under Section J of contract.
The Government may request to procure, through exercising an option under CLINS 1001, 1002, 1003, and 1004,
the non-exclusive right, license and privilege worldwide to:
a. use, reproduce, and/or distribute, such as through solicitations, the Material for use in printing
camouflage patterns onto an unlimited number of uniforms, individual equipment, and unit level
equipment, that is solely for a United States Government purpose (e.g., Army, Navy, Marine Corps, Air
Force, and Coast Guard including their active and reserve components) excepting FMS.
b. publicly display and authorize others to display the Material, the camouflage patterns or the uniforms,
individual equipment, and unit level equipment in connection with the advertising, publicizing, marketing,
distribution and use of the Material or the camouflage patterns.
In accordance with DFARS clause 252.227-7013, the Offeror shall identify items, components or
processes developed exclusively at the Offeror’s expense and propose under CLINs 1001, 1002, 1003, and 1004,
the cost of procuring said rights in accordance with the terms and conditions set forth under Non-Exclusive License
Agreement attachment referenced in Section J of Contract.
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The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure
Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor
manpower) required for performance of this contract. Detailed instructions can be found on the Contractor
Manpower Reporting Application (CMRA) website in the CMRA “Contractor User Guide” or “Subcontractor User
Guide”. The contractor must create an account upon entering the site and is required to completely fill in the
required information at the CMRA website: https://cmra.army.mil.
(1) Unit Identification Code (UIC) of the Army Requiring Activity that would be performing the
mission if not for the contractor: __________ (Enter the Army Requiring Activity’s UIC here).
(2) Command of the Requiring Activity that would be performing the mission if not for the
contractor: __________ (Enter Command of the Requiring Activity here).
(3) Contracting Officer (KO) and contact information:
Sean Murphy
Contracting Officer
100 Medway Road Suite 305
Milford, MA 01757
If subcontractors are used in the performance of this contract, several factors must be considered.
Contractor shall include, and require inclusion of, this term in all subcontracts at any tier under the contract in which
services are being procured. Contractor shall also enter their data in a timely manner, as subcontractors can not input
any information into the CMRA system until the Prime Contractor has entered their data. The Prime Contractor has
overall responsibility for ensuring subcontractors enter their respective data. Subcontractors are only responsible for
entering Location Data.
Reporting period will be the period of performance not to exceed 12 months ending 30 September of each
government fiscal year and must be reported by 31 October of each calendar year.
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Preservation, packaging, packing and marking of deliverable contract line items shall conform to normal
commercial packing standards to assure safe delivery at destination.
Items which cannot be submitted electronically will be shipped and marked as follows:
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DELIVERY INFORMATION
The resulting contract will be a Firm Fixed Price Contract not to exceed a 30 month period of performance.
1001-1004 TBD
F.2. CLIN 0001-0004 deliverables shall be made to the following address unless otherwise notified:
The contractor shall prepare and deliver all data and reports in accordance with requirements, quantities, and
schedule set forth in the Contract Data Requirements List (DD Form 1423), Exhibit A found herein. All technical
data and reports shall be submitted electronically, unless otherwise stated in Section C, to Daniel Purcell, at
daniel.j.purcell@us.army.mil.
All reports and correspondence submitted under this contract shall include the contract number and project number
and be forwarded prepaid, if mailed. A copy of the letters of transmittal shall be delivered to the Administrative
Contracting Officer (ACO). The addresses are set forth on the contract award cover page and Section G.
F.3. DELIVERY SCHEDULE: See clause 52.211-9 Desired and Required Time of Delivery (JUN 1997).
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(a) The Government desires delivery to be made according to the following schedule:
If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer,
propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery
period beyond the time for delivery in the Government's required delivery schedule as follows:
Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the
applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror
proposes no other delivery schedule, the desired delivery schedule above will apply.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or
acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The
Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the
award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual
date of award, rather than the date the written notice of award is received from the Contracting Officer through the
ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's
date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through
the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be
transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so
computed, the offered delivery date is later than the required delivery date, the offer will be considered
nonresponsive and rejected.
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(End of clause)
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G.1.1. In no event shall any understanding or agreement, contract modification, change order, or other matter in
deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be
effective or binding upon the Government. All such actions must be formalized by a proper contractual document
executed by the Contracting Officer.
G.1.3. The telephone, FAX number and E-mail address of the Contracting Officer (KO), Contract Specialist (KS),
and Contracting Officer’s Representative (COR) are:
Contracting Officer:
Sean Murphy (508) 233-6174 E-mail: sean.p.murphy1@us.army.mil
Contract Specialist:
Huy Le (508) 233-6121 E-mail: huy.d.le@us.army.mil
G.1.4. The telephone and FAX numbers for payments processed by the Defense Finance and Accounting Service,
Rock Island, IL, are: Toll Free: 1-888-332-7742 FAX: (309) 782-9991/9994/9997/9144
G.1.5. If this contract is being administered by a Defense Contract Management Command (DCMC) inquiries
concerning normal contract administration should be referred to the DCMC assigned office (see Block 24 of the SF
33 or Block 6 of the SF 26).
Responsible Office
Address
Telephone Number
E-Mail Address
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SPECIAL INSTRUCTIONS
H.1.1. The Contractor's organization shall be established with authority to effectively accomplish the
objectives of the Technical Data Package and Scope of Work. This organization shall become effective upon award
of the contract and its integrity shall be maintained for the duration of the contract effort.
H.1.2. The key personnel listed in paragraph c below are considered to be critical to the successful
performance of this contract. Prior to replacing these key personnel, the Contractor shall notify the contracting
officer. The Contractor shall provide advance notice of the proposed changes and shall demonstrate that the
qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the
personnel being replaced.
NAME POSITION
H.1.2.2. Prior to permanently reassigning any of the specified individuals to other contracts, the Contractor
shall provide the Contracting Officer not less than thirty (30) days advance notice and shall submit justification
(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. The "Key
Personnel" list may be amended from time to time during the course of the contract to either add or delete
personnel, as appropriate.
a. The interim and final invention reports shall be submitted in accordance with DFARS Clause 252.227-7039,
Patents—Reporting of Subject Inventions” for small business, and an invention disclosure (description of the
invention) shall be processed in accordance with FAR Clause 227-11, Patent Rights—Ownership by the Contractor”
for small businesses. Large business shall provide interim and final invention reports, as well as process an
invention disclosure, in accordance with DFARS Clause 252-227-7038 “Patent Rights—Ownership by the
Contractor (Large Business)”.
b. Interim reports shall be furnished every twelve (12) months and final reports shall be furnished within three (3)
months after completion of the contracted work. In accordance with FAR Clause 27.305-2(e), when a large
business contractor fails to submit acceptable interim invention reports (one per year) or disclose a subject
invention, the applicable withholding of payments provision may be invoked.
c. The contractor shall include the applicable clauses identified above in all subcontracts regardless of tier, for
experimental, developmental, or research work.
d. The prime contractor shall account for any subcontract(s) that include the patent rights clause.
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e. All patent reports shall be forwarded to the Contract Specialist identified in Section G, paragraph G.1 c.
a. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without
verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT
ELIGIBILITY identifies the official documents that establish employment eligibility.
b. Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the
Contracting Officer the name of the foreign national and identify the type of form(s) produced for verification of
employment status.
c. Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with
the sponsor providing access, in order to submit the following:
1. Individual’s Name
2. Date/place of birth
3. Citizenship
4. Date and Location of the Visit
5. Purpose of the Visit
6. Passport Number
7. Employer’s Verification of Work Authorization
d. This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place.
Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD
facilities.
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InspectBy DoDAAC
Ship To Code
(c) The contractor shall submit invoices / cost vouchers for payment per contract terms.
(d) The Government shall process invoices / cost vouchers for payment per contract terms.
(e) For each invoice / cost voucher submitted for payment, the contractor shall also email the WAWF automated
invoice notice directly to the following points of contact:
Name Email Phone Job Title
Dan Purcell Daniel.J.Purcell@us.army.mil 508-233-6335 Project Officer
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52.222-99 (Dev) Notification of Employee Rights under the National Labor JUN 2010
Relations Act (DEVIATION 2010-O0013)
52.223-6 Drug-Free Workplace MAY 2001
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Alt I Authorization And Consent (Dec 2007) - Alternate I APR 1984
52.227-2 Notice And Assistance Regarding Patent And Copyright DEC 2007
Infringement
52.227-11 Patent Rights--Ownership By The Contractor DEC 2007
52.229-3 Federal, State And Local Taxes APR 2003
52.230-2 Cost Accounting Standards OCT 2010
52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2008
52.230-6 Administration of Cost Accounting Standards JUN 2010
52.232-1 Payments APR 1984
52.232-2 Payments Under Fixed-Price Research And Development APR 1984
Contracts
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-13 Notice Of Progress Payments APR 1984
52.232-17 Interest OCT 2010
52.232-25 Prompt Payment OCT 2008
52.232-33 Payment by Electronic Funds Transfer--Central Contractor OCT 2003
Registration
52.233-1 Disputes JUL 2002
52.233-3 Protest After Award AUG 1996
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984
52.243-6 Change Order Accounting APR 1984
52.244-2 Subcontracts OCT 2010
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items DEC 2010
52.246-23 Limitation Of Liability FEB 1997
52.249-2 Termination For Convenience Of The Government (Fixed- MAY 2004
Price)
52.249-4 Termination For Convenience Of The Government (Services) APR 1984
(Short Form)
52.249-9 Default (Fixed-Priced Research And Development) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008
Contract-Related Felonies
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.204-7000 Disclosure Of Information DEC 1991
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007
252.204-7008 Export-Controlled Items APR 2010
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By DEC 2006
The Government of a Terrorist Country
252.211-7003 Item Identification and Valuation SEP 2010
252.215-7000 Pricing Adjustments DEC 1991
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2010
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
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252.225-7001 Buy American Act And Balance Of Payments Program JAN 2009
252.225-7002 Qualifying Country Sources As Subcontractors APR 2003
252.225-7012 Preference For Certain Domestic Commodities JUN 2010
252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004
Economic Enterprises, and Native Hawaiian Small Business
Concerns
252.227-7013 Rights in Technical Data--Noncommercial Items NOV 1995
252.227-7016 Rights in Bid or Proposal Information JAN 2011
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7039 Patents--Reporting Of Subject Inventions APR 1990
252.232-7003 Electronic Submission of Payment Requests and Receiving MAR 2008
Reports
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
252.247-7023 Transportation of Supplies by Sea MAY 2002
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified 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.
(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 governmental 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--
(A) 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;
(B) 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;
(C) 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
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under this provision, and the reasonableness of price. For items priced using catalog or market 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 certified cost or pricing data. If the offeror is not granted an exception from the requirement to
submit certified cost or pricing data, the following applies:
(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data,
and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is
incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions
in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and
the Contractor agree to a different format and change this clause to use Alternate I.
As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter
contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
(End of provision)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the
manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and
environment by destroying ozone in the upper atmosphere.”----------------------------
(End of clause)
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(a) 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 Government Accountability Office (GAO), shall be served
on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
US Army Contracting Command, Aberdeen Proving Ground (Soldier, Chemical, Research & Test), Natick
Contracting Division. ATTN: CCRD-NA-SY (Sean Murphy), Suite 305, 100 Medway Road, Milford, MA 01757.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with
the GAO.
(End of provision)
(a) Definitions.
"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.
"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer
has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this
subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the
Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and
signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing,
within 10 calendar days from the date that the Contractor identifies any Government conduct (including actions,
inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and
conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in
or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment
under this clause, including--
(i) What contract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on
continued performance have been or may be caused by the alleged change;
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(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are
estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to
minimize cost, delay or disruption of performance.
(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall
diligently continue performance of this contract to the maximum extent possible in accordance with its terms and
conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a
communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue
performance; provided, however, that if the Contractor regards the direction or communication as a change as
described in (b) above, notice shall be given in the manner provided. All directions, communications,
interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the
Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the
authority of the SAR.
(d) Government response. The Contracting Officer shall promptly, within calendar days after receipt of
notice, respond to the notice in writing. In responding, the Contracting Officer shall either--
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance; or
(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above,
advise the Contractor what additional information is required, and establish the date by which it should be furnished
and the date thereafter by which the Government will respond.
(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and
the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any
part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall
be made--
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which
are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time
extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings,
designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When
the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this
clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of
disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay
resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b)
and (c) above.
Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to
W911QY-11-R-0008
Page 28 of 67
(End of clause)
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):
HTTPS://FARSITE.HILL.AF.MIL
(End of provision
(1) Any invention or discovery that is or may be patentable or otherwise protectable under Title 35 of the United
States Code; or
(2) Any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.).
Made--
(1) When used in relation to any invention other than a plant variety, means the conception or first actual reduction
to practice of the invention; or
(2) When used in relation to a plant variety, means that the Contractor has at least tentatively determined that the
variety has been reproduced with recognized characteristics.
(2) An organization of the type described in the Internal Revenue Code at 26 U.S.C. 501(c)(3) and exempt from
taxation under 26 U.S.C. 501(a); or
(3) Any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.
Page 29 of 67
(ii) The benefits of the invention are, to the extent permitted by law or Government regulations, available to the
public on reasonable terms.
Subject invention means any invention of the Contractor made in the performance of work under this contract.
(b) Contractor's rights--(1) Ownership. The Contractor may elect to retain ownership of each subject invention
throughout the world in accordance with the provisions of this clause.
(2) License. (i) The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject
invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the
times specified in paragraph (c) of this clause. The Contractor's license-
(A) Extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a
part;
(B) Includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at the time of
contract award; and
(C) Is transferable only with the approval of the agency, except when transferred to the successor of that part of the
Contractor's business to which the invention pertains.
(A) May revoke or modify the Contractor's domestic license to the extent necessary to achieve expeditious practical
application of the subject invention pursuant to an application for an exclusive license submitted in accordance with
37 CFR Part 404 and agency licensing regulations;
(B) Will not revoke the license in that field of use or the geographical areas in which the Contractor has achieved
practical application and continues to make the benefits of the invention reasonably accessible to the public; and
(C) May revoke or modify the license in any foreign country to the extent the Contractor, its licensees, or the
domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.
(A) Will furnish the Contractor a written notice of its intention to revoke or modify the license; and
(B) Will allow the Contractor 30 days (or such other time as the funding agency may authorize for good cause
shown by the Contractor) after the notice to show cause why the license should not be revoked or modified.
(iv) The Contractor has the right to appeal, in accordance with 37 CFR part 404 and agency regulations, concerning
the licensing of Government-owned inventions, any decision concerning the revocation or modification of the
license.
Page 30 of 67
(i) Disclose, in writing, each subject invention to the Contracting Officer within 2 months after the inventor
discloses it in writing to Contractor personnel responsible for patent matters, or within 6 months after the Contractor
first becomes aware that a subject invention has been made, whichever is earlier;
(A) The inventor(s) and the contract under which the invention was made;
(B) Sufficient technical detail to convey a clear understanding of the invention; and
(C) Any publication, on sale (i.e., sale or offer for sale), or public use of the invention and whether a manuscript
describing the invention has been submitted for publication and, if so, whether it has been accepted for publication;
and
(iii) After submission of the disclosure, promptly notify the Contracting Officer of the acceptance of any manuscript
describing the invention for publication and of any on sale or public use.
(2) The Contractor shall elect in writing whether or not to retain ownership of any subject invention by notifying the
Contracting Officer at the time of disclosure or within 8 months of disclosure, as to those countries (including the
United States) in which the Contractor will retain ownership. However, in any case where publication, on sale, or
public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the
United States, the agency may shorten the period of election of title to a date that is no more than 60 days prior to
the end of the statutory period.
(i) File either a provisional or a nonprovisional patent application on an elected subject invention within 1 year after
election, provided that in all cases the application is filed prior to the end of any statutory period wherein valid
patent protection can be obtained in the United States after a publication, on sale, or public use;
(ii) File a nonprovisional application within 10 months of the filing of any provisional application; and
(iii) File patent applications in additional countries or international patent offices within either 10 months of the first
filed patent application (whether provisional or nonprovisional) or 6 months from the date the Commissioner of
Patents grants permission to file foreign patent applications where such filing has been prohibited by a Secrecy
Order.
(4) The Contractor may request extensions of time for disclosure, election, or filing under paragraphs (c)(1), (2),
and (3) of this clause. The Contracting Officer will normally grant the extension unless there is reason to believe the
extension would prejudice the Government's interests.
(d) Government's rights-- (1) Ownership. The Contractor shall assign to the agency, upon written request, title to
any subject invention--
(ii) If the Contractor fails to disclose or elect the subject invention within the times specified in paragraph (c) of this
clause and the agency requests title within 60 days after learning of the Contractor's failure to report or elect within
the specified times;
(iii) In those countries in which the Contractor fails to file patent applications within the times specified in
paragraph (c) of this clause, provided that, if the Contractor has filed a patent application in a country after the times
specified in paragraph (c) of this clause, but prior to its receipt of the written request of the agency, the Contractor
shall continue to retain ownership in that country; and
W911QY-11-R-0008
Page 31 of 67
(iv) In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the
maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.
(2) License. If the Contractor retains ownership of any subject invention, the Government shall have a
nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the
United States, the subject invention throughout the world.
(e) Contractor action to protect the Government's interest. (1) The Contractor shall execute or have executed and
promptly deliver to the agency all instruments necessary to--
(i) Establish or confirm the rights the Government has throughout the world in those subject inventions in which the
Contractor elects to retain ownership; and
(ii) Assign title to the agency when requested under paragraph (d)(1) of this clause and enable the Government to
obtain patent protection for that subject invention in any country.
(i) Require, by written agreement, its employees, other than clerical and nontechnical employees, to--
(A) Disclose each subject invention promptly in writing to personnel identified as responsible for the administration
of patent matters, so that the Contractor can comply with the disclosure provisions in paragraph (c) of this clause;
and
(B) Provide the disclosure in the Contractor's format, which should require, as a minimum, the information required
by paragraph (c)(1) of this clause;
(ii) Instruct its employees, through employee agreements or other suitable educational programs, as to the
importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or
statutory foreign bars; and
(iii) Execute all papers necessary to file patent applications on subject inventions and to establish the Government's
rights in the subject inventions.
(3) The Contractor shall notify the Contracting Officer of any decisions not to file a nonprovisional patent
application, continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or
opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response or
filing period required by the relevant patent office.
(4) The Contractor shall include, within the specification of any United States nonprovisional patent application and
any patent issuing thereon covering a subject invention, the following statement: ``This invention was made with
Government support under (identify the contract) awarded by (identify the agency). The Government has certain
rights in this invention.''
(i) Establish and maintain active and effective procedures to ensure that subject inventions are promptly identified
and disclosed to Contractor personnel responsible for patent matters;
(A) Laboratory notebooks or equivalent records and other records as are reasonably necessary to document the
conception and/or the first actual reduction to practice of subject inventions; and
W911QY-11-R-0008
Page 32 of 67
(B) Records that show that the procedures for identifying and disclosing the inventions are followed; and
(iii) Upon request, furnish the Contracting Officer a description of these procedures for evaluation and for
determination as to their effectiveness.
(6) The Contractor shall, when licensing a subject invention, arrange to--
(i) Avoid royalty charges on acquisitions involving Government funds, including funds derived through the
Government's Military Assistance Program or otherwise derived through the Government;
(ii) Refund any amounts received as royalty charges on the subject inventions in acquisitions for, or on behalf of,
the Government; and
(iii) Provide for the refund in any instrument transferring rights in the invention to any party.
(7) The Contractor shall furnish to the Contracting Officer the following:
(i) Interim reports every 12 months (or any longer period as may be specified by the Contracting Officer) from the
date of the contract, listing subject inventions during that period and stating that all subject inventions have been
disclosed or that there are no subject inventions.
(ii) A final report, within 3 months after completion of the contracted work, listing all subject inventions or stating
that there were no subject inventions, and listing all subcontracts at any tier containing a patent rights clause or
stating that there were no subcontracts.
(8)(i) The Contractor shall promptly notify the Contracting Officer in writing upon the award of any subcontract at
any tier containing a patent rights clause by identifying--
(ii) The Contractor shall furnish, upon request, a copy of the subcontract, and no more frequently than annually, a
listing of the subcontracts that have been awarded.
(9) In the event of a refusal by a prospective subcontractor to accept one of the clauses specified in paragraph (l)(1)
of this clause, the Contractor--
(i) Shall promptly submit a written notice to the Contracting Officer setting forth the subcontractor's reasons for the
refusal and other pertinent information that may expedite disposition of the matter; and
(ii) Shall not proceed with that subcontract without the written authorization of the Contracting Officer.
(10) The Contractor shall provide to the Contracting Officer, upon request, the following information for any
subject invention for which the Contractor has retained ownership:
Page 33 of 67
(iii) A copy of any patent application (including an English-language version if filed in a language other than
English).
(11) The Contractor shall furnish to the Government, upon request, an irrevocable power to inspect and make copies
of any patent application file.
(i) Submit upon request periodic reports no more frequently than annually on the utilization of a subject invention or
on efforts in obtaining utilization of the subject invention that are being made by the Contractor or its licensees or
assignees;
(ii) Include in the reports information regarding the status of development, date of first commercial sale or use,
gross royalties received by the Contractor, and other information as the agency may reasonably specify; and
(iii) Provide additional reports that the agency may request in connection with any march-in proceedings undertaken
by the agency in accordance with paragraph (h) of this clause.
(2) To the extent permitted by law, the agency shall not disclose the information provided under paragraph (f)(1) of
this clause to persons outside the Government without the Contractor's permission, if the data or information is
considered by the Contractor or its licensee or assignee to be ``privileged and confidential'' (see 5 U.S.C. 552(b)(4))
and is so marked.
(g) Preference for United States industry. Notwithstanding any other provision of this clause, the Contractor agrees
that neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject
invention in the United States unless the person agrees that any products embodying the subject invention or
produced through the use of the subject invention will be manufactured substantially in the United States. However,
in individual cases, the agency may waive the requirement for an exclusive license agreement upon a showing by
the Contractor or its assignee that--
(1) Reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that
would be likely to manufacture substantially in the United States; or
(h) March-in rights. The Contractor acknowledges that, with respect to any subject invention in which it has
retained ownership, the agency has the right to require licensing pursuant to 35 U.S.C. 203 and 210(c), 37 CFR
401.6, and any supplemental regulations of the agency in effect on the date of contract award.
(i) Other inventions. Nothing contained in this clause shall be deemed to grant to the Government any rights with
respect to any invention other than a subject invention.
(j) Examination of records relating to inventions. (1) The Contracting Officer or any authorized representative shall,
until 3 years after final payment under this contract, have the right to examine any books (including laboratory
notebooks), records, and documents of the Contractor relating to the conception or first reduction to practice of
inventions in the same field of technology as the work under this contract to determine whether--
(ii) The Contractor has established procedures required by paragraph (e)(5) of this clause; and
W911QY-11-R-0008
Page 34 of 67
(iii) The Contractor and its inventors have complied with the procedures.
(2) If the Contracting Officer learns of an unreported Contractor invention that the Contracting Officer believes may
be a subject invention, the Contractor shall be required to disclose the invention to the agency for a determination of
ownership rights.
(3) Any examination of records under this paragraph (j) shall be subject to appropriate conditions to protect the
confidentiality of the information involved.
(k) Withholding of payment (this paragraph does not apply to subcontracts). (1) Any time before final payment
under this contract, the Contracting Officer may, in the Government's interest, withhold payment until a reserve not
exceeding $50,000 or 5 percent of the amount of the contract, whichever is less, is set aside if, in the Contracting
Officer's opinion, the Contractor fails to—
(i) Establish, maintain, and follow effective procedures for identifying and disclosing subject inventions pursuant to
paragraph (e)(5) of this clause;
(ii) Disclose any subject invention pursuant to paragraph (c)(1) of this clause;
(iii) Deliver acceptable interim reports pursuant to paragraph (e)(7)(i) of this clause; or
(iv) Provide the information regarding subcontracts pursuant to paragraph (e)(8) of this clause.
(2) The reserve or balance shall be withheld until the Contracting Officer has determined that the Contractor has
rectified whatever deficiencies exist and has delivered all reports, disclosures, and other information required by this
clause.
(3) The Government will not make final payment under this contract before the Contractor delivers to the
Contracting Officer--
(i) All disclosures of subject inventions required by paragraph (c)(1) of this clause;
(ii) An acceptable final report pursuant to paragraph (e)(7)(ii) of this clause; and
(4) The Contracting Officer may decrease or increase the sums withheld up to the maximum authorized in paragraph
(k)(1) of this clause. No amount shall be withheld under this paragraph while the amount specified by this paragraph
is being withheld under other provisions of the contract. The withholding of any amount or the subsequent payment
thereof shall not be construed as a waiver of any Government right.
(i) Shall include the substance of the Patent Rights-Ownership by the Contractor clause set forth at 52.227-11 of the
Federal Acquisition Regulation (FAR), in all subcontracts for experimental, developmental, or research work to be
performed by a small business concern or nonprofit organization; and
(ii) Shall include the substance of this clause, including this paragraph (l), in all other subcontracts for experimental,
developmental, or research work, unless a different patent rights clause is required by FAR 27.303.
Page 35 of 67
(i) The patents rights clause included in the subcontract shall retain all references to the Government and shall
provide to the subcontractor all the rights and obligations provided to the Contractor in the clause. The Contractor
shall not, as consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions; and
(ii) The Government, the Contractor, and the subcontractor agree that the mutual obligations of the parties created
by this clause constitute a contract between the subcontractor and the Government with respect to those matters
covered by this clause. However, nothing in this paragraph is intended to confer any jurisdiction under the Contract
Disputes Act in connection with proceedings under paragraph (h) of this clause.
(End of clause)
(a) The Contractor shall include an acknowledgment of the Government's support in the publication of any material
based on or developed under this contract, stated in the following terms: This material is based upon work supported
by the US Army Contracting Command, Aberdeen Proving Ground (Soldier, Chemical, Research & Test), Natick
Contracting Division under Contract No. [TBD].
(b) All material, except scientific articles or papers published in scientific journals, must, in addition to any notices
or disclaimers by the Contractor, also contain the following disclaimer: Any opinions, findings and conclusions or
recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the
US Army Contracting Command, Aberdeen Proving Ground (Soldier, Chemical, Research & Test), Natick
Contracting Division.
W911QY-11-R-0008
Page 36 of 67
Page 37 of 67
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE 17. P RICE GROUP
15. TOTAL 0 3 0
G. PREPARED BY H. DAT E I. APPROVED BY J. DAT E
Page 38 of 67
(a) Definitions.
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.
___ TIN:.--------------------------------------------------------
___ 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;
Page 39 of 67
___ Partnership;
___ Other--------------------------------------------------------
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
(End of provision)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert
NAICS code].
(2) The small business size standard is -------------- [insert size standard].
(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)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this
provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and
has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of
completing the corresponding individual representations and certifications in the solicitation. The offeror shall
indicate which option applies by checking one of the following boxes:
(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in
the solicitation.
W911QY-11-R-0008
Page 40 of 67
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-
fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at
52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.
(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in
which the place of performance is specified by the Government.
(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.
(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to
solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.
(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the
clause at 52.222-26, Equal Opportunity.
(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the
contract is not for acquisition of commercial items.
W911QY-11-R-0008
Page 41 of 67
(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the
use of, EPA-designated items.
(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-
1.
(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and
Alternate II) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.
(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision
applies to all solicitations.
(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision
applies to all solicitations.
(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational
institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of
Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
------(A) Basic.
------(B) Alternate I.
------(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment Certification.
W911QY-11-R-0008
Page 42 of 67
------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Certification.
------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (Alternate I only).
------(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA
database information, the offeror verifies by submission of the offer that the representations and certifications
currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been
entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation
(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of
this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below
(offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or
certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
------------------------------------------------------------------------
FAR Clause Title Date Change
------------------------------------------------------------------------
------ ---------- ------ ------
------------------------------------------------------------------------
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.
(End of Provision)
(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or
quotes are requested in this solicitation is (are) economically advantageous to the Government.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to
recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must
be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break
occurs. If there are significant price breaks at different quantity points, this information is desired as well.
OFFEROR RECOMMENDATIONS
PRICE
W911QY-11-R-0008
Page 43 of 67
(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities
and to assist the Government in developing a data base for future acquisitions of these items. However, the
Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in
the event quotations received and the Government's requirements indicate that different quantities should be
acquired.
(End of provision)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award
of contracts by any Federal agency;
(B) Have ( ) 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, violating Federal criminal tax laws, or
receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this
solicitation); and
(C) Are ( ) are not ( ) 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.; and
(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles
the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a
final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer
has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
W911QY-11-R-0008
Page 44 of 67
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In
the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had
no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should
the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial
appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having
primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror 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.
(End of provision)
(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:
Page 45 of 67
Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent
(End of provision)
(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause
of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will
be obtained before subcontract awards.
(End of provision)
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 $650,000 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.
Page 46 of 67
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 (ii) one copy to the cognizant
Federal auditor.
(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.
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.
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 more than
$50 million (of which at least one award exceeded $1 million) 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.
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.
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.
W911QY-11-R-0008
Page 47 of 67
( ) 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 $25 million
or more.
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.
( ) YES ( ) NO
(End of provision
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”
“foreign end product,” “qualifying country,” “qualifying country end product,” and “United States” have the
meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation.
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal
Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American
Act or the Balance of Payments Program.
(1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation,
the offeror certifies that--
(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and
(ii) For end products other than COTS items, components of unknown origin are considered to have been mined,
produced, or manufactured outside the United States or a qualifying country.
(2) The offeror certifies that the following end products are qualifying country end products:
-----------------------------------------------------------------------
(Line Item Number Country of Origin)
W911QY-11-R-0008
Page 48 of 67
-----------------------------------------------------------------------
(Country of Origin)
(3) The following end products are other foreign end products, including end products manufactured in the United
States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (ii) of the definition of ``domestic end product'':
(End of provision)
W911QY-11-R-0008
Page 49 of 67
L.1. AMC-LEVEL PROTEST PROGRAM (October 1996) If you have complaints about this procurement, it is
preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you
may also protest to Headquarters (HQ), Army Materiel Command. The HQ, AMC-Level Protest Program is
intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute
Resolution forum, rather than filing a protest with the General Accounting Office (GAO) or other external forum.
Contract award or performance is suspended during the protest to the same extent, and within the same time periods,
as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To
be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to
the Contracting Officer) to:
HTTP://WWW.DTIC.DLA.MIL/AMC
If Internet access is not available contact the Contracting Officer or HQ, AMC to obtain the AMC-Level Protest
Procedures.
Protest filed with the Contracting Officer shall be submitted to the address designated in Section I, FAR Clause
52.233-2, of the solicitation or in the paragraph entitled “Remedies” of the AMC-Level Protest Procedures
whenever Internet access is not available to the Contractor. For all protests filed with the Contracting Officer, the
Contracting Officer shall continue to serve as the Protest Decision Authority.
L.2. PRE AWARD SURVEY: A Pre-Award Survey may be conducted to examine the offeror's technical ability,
production capacity, management structure, financial capability, accounting systems, security controls/clearances,
labor resources, performance record, and ability to meet required schedules.
L.3. PRE CONTRACT COSTS: The Contractor will not be reimbursed for any costs incurred prior to the
effective date of the contract.
Information contained in the offeror's technical/management or price proposal may be released under the Freedom
of Information Act (5 U.S.C. 552) upon request from the public except to the extent it contains trade secrets and
privileged or confidential or financial information. If the offeror's proposal contains material meeting this
description which is customarily maintained in confidence in the course of the offeror's business and which is not
otherwise publicly available, and if the offeror does not want it disclosed to the public, he shall mark the title page
with the legend that follows.
“This proposal, furnished in response to Request for Proposal No. W911QY-11-R-0008 contains trade secrets
and/or privileged or confidential or financial information. This information is maintained in confidence in the
course of the offeror's business and is not otherwise publicly available. The offeror submits this information to the
Government in confidence and understands that it is received with that intent. This information shall not be released
W911QY-11-R-0008
Page 50 of 67
or disclosed outside the Government under the Freedom of Information Act (5 U.S.C. 552) or under any other
circumstances."
Proposals so marked will be accepted by the Government in confidence and will not be released provided that the
offeror and/ or the Government can show, upon request under the Freedom of Information Act, that disclosure
would either (1) impair the Government's ability to obtain necessary information in the future or (2) cause
substantial harm to the competitive position of the offeror.
You are invited to submit proposal(s) in accordance with Paragraph L8, Proposal Preparation Instructions, to arrive
at the office not later than the date and time specified on page 1, box 9 of W911QY-11-R-0008. Offeror may submit
more than two (2) proposals, but each proposal submitted must stand on its own, not rely on references to other
proposals, and meet each of the requirements of this solicitation. The Government will evaluate each proposal
independently, and those proposals failing to meet the criteria identified in Section M of this document will be
found unacceptable.
All proposals delivered in response to this solicitation shall reflect the following on the address label:
All proposal documents must be delivered, prior to the date and time stated on page 1, box 9 of W911QY-11-R-
0008, to:
Offeror’s are absolutely responsible for ensuring that proposals arrive at this address on time or they will not be
considered for evaluation.
Do not submit a transmittal letter with your proposal. Submission of a transmittal letter with your proposal is
unnecessary and statements therein frequently create conflicts or ambiguities, raising the possibility that your
proposal takes exception to the terms and conditions of the solicitation.
The source selection process will involve evaluation of proposals and samples in accordance with Section M of this
document.
Among the Government’s goals are the execution of an efficient competition and prompt contract award.
Therefore, after compilation of evaluation ratings for each of the proposals that did not receive any “Unacceptable”
ratings, the Government will make a determination regarding which of the remaining proposals are “Most Highly
Rated”. See FAR 52.215-1Alt 1. Proposals not falling in this classification will be removed from further
consideration. This selection will constitute an initial “competitive range” determination, made in accordance with
FAR 15.306(c)(1), and a determination to further evaluate only those offers “Most Highly Rated” in accordance
with FAR 15.306(c)(2). Discussions may be held with all offeror’s remaining in the competitive range to enhance
the understanding of Government evaluators and the Source Selection Authority. Upon completion of all
W911QY-11-R-0008
Page 51 of 67
discussions (if any), offeror’s remaining in the competitive range will be requested to submit Final Proposal
Revision (FPR).
The Government will evaluate all proposals that are received prior to the deadline date and time stated on page 1,
box 9 of W911QY-11-R-0008, in accordance with the procedures outlined in Section M. Multiple proposals may
be selected for the final award; however, the Government reserves the right not to make any award if no proposal is
found to represent a “best value” to the Government.
The Government will employ streamlined source selection techniques to evaluate proposals, conduct negotiations (if
necessary) and determine the successful offeror in this acquisition. “Offer,” for the purposes of this solicitation,
shall be defined as a response to the solicitation that, if accepted, would legally bind the offeror to perform the
resultant contract. The following describes the basic sequence of events offeror’s can expect during proposal
evaluation and negotiation:
The offeror’s proposal shall be submitted in accordance with paragraph L8, entitled “PROPOSAL PREPARATION
INSTRUCTIONS - GENERAL”.
Upon receipt, the proposals will be reviewed for completeness and compliance with RFP requirements. The
proposals will receive a detailed evaluation employing the process and criteria identified in Section M of this RFP.
In accordance with FAR 15.306, the Government may conduct exchanges with offeror after receipt of proposals,
prior to award if award is made without discussions, or leading to the establishment of the competitive range.
In the event the Government does not award without discussions, the Government may conduct discussions with all
offeror, or, based on the initial evaluations, render a competitive range determination and conduct discussions with
only those offeror remaining in the competitive range. In accordance with FAR 15.306(c), the competitive range
will consist only of those offers that are the most highly rated offers. Therefore, the offeror’s initial proposal shall
represent the offeror’s best effort and contain the offeror’s best terms from a technical and price standpoint.
In the event the Government has not rendered a competitive range determination, the Government may conduct
exchanges (clarifications) with offeror to enhance the Government’s understanding of proposals; allow reasonable
interpretation of the proposal; or facilitate the Government’s evaluation process. Such communications shall not be
used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the
proposal, and/or otherwise revise the proposal. Such communications may be considered in rating proposals for the
purpose of establishing the competitive range. Furthermore, such communications do not and will not permit
offeror’s to modify, revise, or otherwise change any element of their proposal.
The Contracting Officer may request a "Final Proposal Revision" (FPR) from those Offeror’s remaining in the
competitive range. The Contracting Officer will establish a common due date and time for the submission of FPRs.
The final proposal revision will be requested in substantially the same format as follows: “Regarding your offer
submitted in response to the above referenced solicitation, discussions with Offeror’s are now concluded. You have
the opportunity, if you so desire, to submit a FPR by TBD AM/PM on TBD, 2011. Major revisions are not
expected, but should you revise your offer in any way, complete and detailed support for the revision and any other
affected part of your proposal must accompany the revision. In the event the price is revised, a complete cost
breakdown setting forth the revisions and basis therefore, shall be submitted with the revised offer. The
Government reserves the right to reject any proposal data specified above if not submitted with a revision or, if
submitted, is inadequate to establish the acceptability of the revised offer. Any revision received after the closing
time and date will be considered a late offer in accordance with FAR 52.215-1, Instructions to Offeror’s,
Competitive Acquisition."
W911QY-11-R-0008
Page 52 of 67
If a FPR is requested, it will be evaluated in accordance with the appropriate proposal evaluation procedures
contained in Section M. Unexplained, or inadequately explained, departures from the previous submission may
have a significant negative impact on the evaluation of the offeror’s proposal.
A Technical Reference Library is located at U.S. Army Soldier Systems Center Command, Kansas Street, Natick,
Massachusetts. The library is the Command’s general technical library, not a bidders’ library established
specifically for this program. The library will be available for visitation from 0800 to 1700 on normal Government
working days. Appointments must be made at least three working days in advance of the library visit by contacting
telephone (508) 233 5920 or FAX (508) 233 5286 (NO COLLECT CALLS WILL BE ACCEPTED).
Each proposal submitted must be complete and stand alone. Offeror’s shall submit complete, separate and
individual US Army Camouflage Improvement Effort proposals in accordance with Section L, paragraph L.10.
Each proposal shall comply fully with these instructions. FAILURE TO DO SO MAY BE CAUSE FOR
REJECTION. The proposal shall include all of the information requested in these instructions.
The Offeror shall clearly state how they intend to meet the requirements. Mere acknowledgment or restatement of a
requirement or task is not acceptable.
The information contained in each proposal shall be presented in a clear, coherent and concise manner. Vague or
terse statements such as “will comply”, “noted and understood”, etc. are not acceptable. The proposal shall be
limited to the information that is necessary to convey a point and shall not be overly elaborate.
Offerors are advised that prior to award the Government may, at its discretion, incorporate portions of the successful
Contractor’s proposal, including information provided by the Offeror during discussions, into the contract.
Offeror’s shall submit one original proposal, clearly marked as the original, of each volume. Each volume shall have
a cover sheet marked with the volume number, copy number (e.g., Copy 1 of 5), title, RFP identification,
classification and offeror's name. Documents shall be stamped “For Official Use Only and Source Selection
Sensitive.” Volume(s) number, copy number and title must also be on the edge of the binder to allow for rapid
accountability when placed in a vertical position in a storage cabinet.
Cartons must be numbered and packaged in such a manner as to allow a complete inventory after opening without
removing any binders or documents.
Proposals shall be physically received at the location, prior to the date and time specified herein. Late proposals will
be handled in accordance with FAR 52.215-1(c)(3).
Offeror must also mark any proprietary information contained in their proposals with a notation substantially the
same as follows:
Page 53 of 67
This solicitation requires submission of Product Demonstration Samples (PDSs) with the Offeror's proposal, by the
due date specified in the solicitation. The purpose of the PDSs is to demonstrate the Offeror's ability to translate
from the Performance Specification to an actual end item. This also will provide evidence of the Offeror's degree of
understanding of the requirements of the Performance Specification and solicitation. Consequently, the solicitation
will permit only an initial submission of the PDS; Offerors will not be given the opportunity to present subsequent
submissions of PDSs to correct deficiencies noted in the Government's evaluation of initial PDSs. Therefore, it is
imperative that Offerors put forth their best effort in constructing their PDSs.
The offeror shall submit PDS for the Army Camouflage improvements program , which it believes, represents the
best response to the stated performance requirements in the Statement of Work.
Offeror’s are to submit all information for the five areas; Area I, Area II, Area III, Area IV, and Area V as shown
below. The proposals will be evaluated and Offeror’s who are determined to be in the competitive range will move
on to user evaluation. The proposals will be evaluated IAW Section M of this solicitation.
A proposal shall consist of only ONE family of patterns (Woodland, Transitional, Arid, OCIE/PPE). The Contractor
shall not submit more than two (2) proposals. Each proposal submitted shall be a complete proposal, including all
requested volumes, in accordance with Section L, and will not rely on any other proposal submitted. Volume
Content: Proposals shall be submitted in five volumes. Areas I and II shall be VOID of any proposal price
information. Each volume shall be a stand-alone document and shall clearly and completely provide the information
being requested.
Page Limitations. Area I (Technical Proposal) shall be written and consist of a maximum of 35 pages. Area II
(Management/Production Readiness Proposal) shall consist of a maximum 25 pages, not including the Offeror’s
Quality Assurance Plan. Area IV (Past Performance Proposal) shall consist of a maximum 10 pages each. Area V
(Small Business Participation Plan) shall consist of a maximum 15 pages each. Areas and number of copies each are
identified above. Submission shall be limited to the number of pages specified, total inclusive of any drawings,
charts, etc. Type shall be no smaller than a font size of ten (10) and shall have 1.5 line spacing. Page size shall not
exceed 8 ½” x 11”. Fold-out illustrations required for reader ease are allowed, however, illustration shall be counted
in 8 ½” x 11” increments (e.g., an 11” x 17” document will count as two pages).
Page 54 of 67
Factor A: Product Demonstration Sample (PDS). The Offeror is responsible for delivering PDS submissions that are
competitive when evaluated against the current baselines identified in Section C; in other words, the submissions
must attempt to meet or exceed the performance of the current baselines. The PDSs shall be devoid of any
identifiable markings (e.g. brand names or company names). The Offeror shall submit the following items as
demonstration of their ability to meet the requirements of this solicitation.
a. An electronic file, with the following characteristics, for each camouflage pattern in the family:
The required file format is: Adobe Photoshop multi-channel image with “spot channel option” that
is actual size and orientation;
Channel 1 is printed first (i.e., bottom layer), channel 2 is printed next, and so on;
The file must represent the full pattern repeat; and
The file must be compatible with Adobe Photoshop version CS 5.
b. For each pattern either (a) a physical sample (substrate can be paper or fabric) OR (b) a Pantone color
chip reference. All samples / chips will be evaluated under lighting that represents outdoor conditions.
Colors must be achievable on 50/50 nyco ripstop and 500 denier Cordura.
c. A full-sized color print out of each pattern in the family that indicates print orientation and physical
dimensions. Note that these printouts will not be used for color rendering purposes.
Factor B: Written Technical Proposal. The Offeror shall submit a technical description of theproposed family of
patterns in sufficient detail. This must include:
c. For each pattern, the colors used (by name/designation and color %);
e. For each uniform pattern, the yardage (i.e., width and length dimensions) needed to manufacture one,
size large, Army Combat Uniform (ACU) given the camouflage pattern layout required for the
proposed approach.
f. Evidence of technical feasibility that ensures the colors and pattern in the proposed camouflage pattern
can be commercially produced. Evidence must be in the form of two (2) letters of technical feasibility
– one from the prime or subcontractor and one from an independent printer. The letters will not be
counted against the total technical proposal page count but must be explained in the body of the
proposal. The letter must mention each color used in the pattern and rate the technical feasibility of
producing the combined visible/NIR/SWIR color. Consideration must be given to the color
interactions within a pattern when assessing an individual color’s printability and consistent
reproducibility (see table below for guidance). The technical feasibility scale to be used is as follows:
Commercially available
Achievable but requires minor tweaking
Achievable but requires major tweaking
Not achievable
Visible / NIR – Color Feasibility on Substrate Shade is
W911QY-11-R-0008
Page 55 of 67
Color 1
Color …
Color W
Transitional Pattern (Uniform on 50/50 Nyco)
Color 1
Color …
Color X
Arid Pattern (Uniform on 50/50 Nyco)
Color 1
Color …
Color Y
Transitional Pattern (OCIE/PPE on 500 denier Cordura)
Color 1
Color …
Color Z
Information for the Management/Production Readiness Proposal pertains to all proposed significant subcontractor
and material suppliers as well as the prime.
Factor A: Producibility of Print. Proposals shall clearly describe the producibility of the submitted pattern. The
proposal should address how the Offeror anticipates printing the pattern. It should also address the printer or
printers on the team.
Factor B: Manufacturability of End Item. Proposal shall clearly indicate the fabric usage required to manufacture
one, size large, Army Combat Uniform (ACU) from each uniform pattern proposed and one, size large, set of OCIE
from the proposed OCIE pattern. In addition, the Offeror shall propose an estimate with reasoning/explanation for
printing costs for 10,000 yards of NyCO Ripstop, and 500 denier fabric.
Factor C: Licensing Requirements. Offeror shall fill out attachement 11 (See Section J) and shall propose any
changes to the document under this section. All changes must be initialed by an individual in the company with the
proper legal authority.
The Offeror shall complete the following parts of the following sections and provide under a clearly labeled
“Section I” of Area III:
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a. Section A: Complete the OFFER part of the Standard Form 33 format. An official having the authority
to bind the firm contractually shall sign the SF33. If this individual is not an officer of the company,
the proposal shall be accompanied by some form of written evidence of the individual's authority to
bind the company, under contract, to a particular course of action. This might include such evidence as
a written delegation of said authority, signed by an officer of the company
b. Section B: The Offeror shall insert a total cost for each CLIN and respective Government Non-
Exclusive License Option CLIN.
e. Section K: Complete all the required certifications, representations, and acknowledgments for the
Prime Contractor.
The Offeror shall provide, under a clearly marked “Section II” under Area III, a detailed breakdown and
explanation as to how the Offeror came up with the costs provided under Section B, to include the reasonableness of
the license fee and the overall ownership cost to the Government. Include a description of the method used to
estimate costs and supporting documentation. NOTE: “COST OR PRICING DATA as defined in FAR Subpart
15.4 shall be required if the offeror is seeking a procurement contract award of $650,000 or greater. Failure
to include “COST OR PRICING DATA” if $650,000 or greater may result in proposal rejection or contract
award delays. Certified cost and pricing data shall be submitted in accordance with Table 15-2 in FAR Subpart
15.408. Sufficient cost/price information is required to allow the Government to make a determination of fair and
reasonable price and cost realism. Offeror shall provide any Forward Pricing Rate Agreements, other such
Approved Rate Information (e.g. Rate memo’s, etc.) or such other documentation that may assist in expediting
negotiations (if not available, state so). Cost Proposals shall be submitted at the level of detail described below and
may be submitted in the offeror’s own format. Examples of cost/price data are as follows:
Materials, including raw materials and purchased parts and test equipment;
Labor with engineering, manufacturing and service labor shown as separate elements; each labor category
should cite hours of labor, hourly rate of pay, and total labor cost;
Other direct cost, with supporting documentation; (i.e. travel, testing, etc.)
Costs for contractors with whom the lead contractor is teaming;
Overhead cost and rates;
Facilities capital cost of money (note: if facilities capital cost of money is requested, the offeror shall
submit a DD Form 1861);
Consultant costs, if applicable, shall include the names of the consultants, purpose on the project, number
of days to be employed, and rates of pay per day;
Profit or fee (if applicable).
Cost/Price Realism: A proposal is presumed to represent an offeror's best efforts to respond to the solicitation. Any
inconsistency, whether real or apparent, between promised performance and cost/price, should be explained in the
proposal. For example, if the intended use of new and innovative production techniques is the basis for an
abnormally low estimate, the nature of these techniques and their impact on cost/price should be explained; or, if a
corporate policy decision has been made to absorb a portion of the estimated cost, that should be stated in the
proposal. Any significant inconsistency, if unexplained, raises a fundamental issue of the offeror's understanding of
the nature and scope of work required and of its financial ability to perform the contract, and may be grounds for
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rejection of the proposal. The contractor shall supply the government with sufficient information to allow the
government to assess the reasonableness of the contractor's costs/prices.
All information required is applicable to all proposed first-tier subcontractors with whom the offeror is teaming, as
well as the offeror. The offeror shall submit with its proposal its first tier subcontractors letter(s) of consent allowing
the Government to disclose the sub-Contractors’ past performance to the offeror during negotiations.
Contract Descriptions. Past performance information on all contracts (as a prime or subcontractor) over the past
three (3) years) which are relevant to the efforts required by this solicitation shall be submitted by each offeror. The
Government may choose to investigate contracts prior to the past three (3) years for the purpose of the evaluation.
In addition, any and all contracts terminated in whole or in part during the past five (5) years, to include those
currently in the process of such termination are considered relevant and the offeror shall provide past performance
information for those contracts. Information shall include the following:
Performance. For each of the contracts described above the offeror shall describe the objectives achieved detailing
how the effort is similar to the requirements of this solicitation. For any contracts which did not/do not meet the
original requirements with regard to original cost, schedule, or technical performance, the offeror shall provide a
brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid
recurrence. The offeror shall list each time the delivery schedule was revised, and provide an explanation of why the
revision was necessary. The offeror shall also provide a copy of any cure notices or show-cause letters received on
each contract listed and description of any corrective action taken. For any terminated contracts, the offeror shall
indicate the type and reasons for the termination.
1. All Offerors, both small and large businesses, are required to submit Small Business Participation Plan information
in accordance with DFARS 215.304 that shall include the following:
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4. Dollar Value and Percentage of Total Contract Value of Subcontracts Planned For:
Each percentage above shall be accompanied by detailed supporting documentation regarding individual
commitments. Detailed explanations shall also be provided when the percentage falls short of the DOD goals.
NOTE: The sum of the dollar values and percentages of Small Non-Disadvantaged and Small Disadvantaged
should equal the Total Dollar Value entry for the Total Small Business Participation category. However, the sum of
all the percentages under Paragraph (4) need not equal 100% since the prime is not included and because individual
subcontractors may be counted towards more than one category. All percentages should use the TOTAL
CONTRACT VALUE as a baseline.
Name of Type of
Company Service/Supply
Large: ______________________________________
NOTE: For purposes of subcontracting, Historically Black Colleges and Universities/Minority Institutions
(HBCUs/MIs) are considered as disadvantaged and should be broken out separately.
b. Prior Performance Information: Provide any information substantiating the Offeror’s track record of
utilizing small business on past contracts. Any information concerning long-term relationships with
Small Business subcontractors, such as mentor-protégé relationships should be provided.
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Portions of the Contractor's Technical Proposal, as negotiated and accepted by the Government, may be
incorporated by reference into the resultant contract. Some or all of the information furnished by the Contractor may
be subject to disclosure under the Freedom of Information Act. For this reason the Contractor shall identify
information contained in the proposal which the Contractor specifically does not want to be incorporated by
reference.
Notwithstanding any rights the Government will receive under the contract to the data being protected under the
solicitation, any request for information received under the Freedom of Information Act (5 U.S.C 552) for the
resulting contract, including any portion of the proposal that was incorporated into the contract, will be reviewed in
accordance with the FOIA statute. The Government will contact the Contractor to identify what information, if any,
contained in the contract should be withheld from release to the public. The Contractor will then have to
demonstrate that the information is a (1) a trade secret or (2) confidential, commercial information. In case of the
latter, the Contractor would have to demonstrate, in detail, that disclosure would (1) impair the Government’s
ability to obtain necessary information in the future or (2) cause substantial harm to the Contractor.
Any changes in these arrangements are to be submitted to the Contracting Officer in advance for approval. In the
event of any conflict or ambiguity between the Contractor's Technical Proposal and the Government's Statement of
Work, the Government's Statement of Work takes precedence.
If an offeror has any questions/concerns regarding this solicitation these questions/concerns must be submitted (and
received by the Contracting Officer Sean Murphy) in writing no later than ten (10) calendar days prior to the closing
date of the solicitation.
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
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(b) The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is
indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
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EVALUATION CRITERIA
The Government intends to make one or more awards, or none, using a firm fixed price contract to purchase the
qualified Offeror’s material with options to purchase a license for Government purpose data rights or Government
unlimited data rights for a period of time not to exceed 10 years. Award will be made to the best value proposal(s)
based on the results of a complete and thorough Government evaluation in accordance with this section. However,
the Government reserves the right to not award any contracts in the event that no proposals are considered to be in
the best interest of the Government.
The ultimate contract award decision will not be made by the application of a predefined formula, but rather by the
conduct of a tradeoff process among the Areas identified below and by the exercise of the sound business judgment
of the Contracting Officer/Source Selection Authority. Contract award will be made to the "responsible" Offerors
whose proposals represent the best overall value to the Government based on the Areas and Factors set forth herein.
(See FAR 9.104, which describes the standards prospective contractors, must meet to be determined “responsible”.)
To receive consideration for award, overall evaluations of not less than “Acceptable" must be achieved in all Areas.
An evaluation rating of "Unacceptable" at the Factor level will cause the entire Area to be evaluated as
"Unacceptable," and an evaluation of "Unacceptable" at the Area level will cause the entire Proposal to be evaluated
as "Unacceptable." Offerors are cautioned that award(s) may not necessarily be made to the lowest-price Offeror(s).
NOTE: THE GOVERNMENT RESERVES THE RIGHT TO AWARD A CONTRACT BASED ON INITIAL
SUBMISSIONS, WITHOUT EXCHANGES AND/OR DISCUSSIONS.
Any award(s) to be made will be based on the best overall (i.e., best value) proposal(s) that is determined to be the
most beneficial to the Government, with appropriate consideration given to the five (5) areas: Technical,
Management/Production Readiness, Contract/Cost/ Price, Past Performance, and Small Business Participation Plan .
An evaluation of all offers will be made in accordance with the criteria set forth in the paragraphs below. In order to
provide the Offeror with an understanding of the significance assigned by the Government and as required by law,
the areas are assigned a relative order of importance. The following terminology is used:
Significantly More Important. The factor is substantially more important than another factor. The
factor is given far more consideration than another factor.
More Important. The factor is greater in value than another factor, but not as much as a
significantly more important factor. The factor is given more consideration than another factor.
a. Area I – Technical:
• Factor A. Product Demonstration Model
• Factor B. Written Technical Proposal
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The Technical Area is the most important of all the areas; the Technical Area is more important than the
Management/Production Readiness Area; the Management/Productin Readiness Area is significantly more
important than the Contract/Cost/Price Area; the Contract/Cost/Price Area is more important than the Past
Performance Area; the Past Performance Area is more important than the Small Business Participation Plan. Area I
- Technical Factor A is more important than B. Area II - Management Factor A is significantly more important than
B, and Factors B and C are of equal importance. To receive consideration for award, a rating of no less than
“Acceptable” must be achieved for all areas. Offerors are cautioned that the award may not necessarily be made to
the lowest price offered.
The Government will evaluate the extent to which the Offeror’s written technical proposal and Product
Demonstration Sample (PDS) demonstrate a sound, practical methodology for satisfying the requirements stated in
the solicitation.
The Offeror`s proposal will be evaluated to determine whether or not the proposed Camouflage Pattern meets or
exceeds the visual performance set forth by the 7 current baseline solutions (i.e., Woodland Marine Corps pattern
(MarPat), Desert MarPat, Operation Enduring Freedom (OEF) Camouflage Pattern (OCP), Area of Responsibility
(AOR) 1, AOR2, BDU and DCU) and concealment / compatibility operational requirements identified in the Scope
of Work in Section C of this solicitation. The Government will evaluate all submissions identically).
All items must be submitted as outlined in the Technical Proposal PDS section of this RFP (L.10. Area I,
“TECHNICAL PROPOSAL”). Each PDS will be evaluated for its visual performance via a pattern-in-picture (PIP)
magnitude estimation, photosimulation test. Each submission will be handled identically with regard to lighting
conditions, color correlation to the terrain, etc. before rendering into the relevant background. (Details of the PDS
preparation process are presented in the Army Science Conference PIP technique paper (Attachment F - ASC Paper
PIP Technique.pdf)). Each woodland pattern will be evaluated for its close range, visual blending performance in
both the wooded and transitional backgrounds. Each arid pattern will be evaluated for its close range, visual
blending performance in both the arid and transitional backgrounds. Each transitional pattern will be evaluated for
its close range, visual blending performance in the wooded, arid and transitional backgrounds. Furthermore, the
uniform patterns will be evaluated in two states – with OCIE rendered atop and without OCIE rendered atop – to
identify any shift in visual performance. Specifically, active duty Soldiers will evaluate the visual spectrum
blending performance of all submitted and baseline patterns using a 0 to 100 scale, where 0 represents a pattern that
does not blend at all with its immediate background and 100 represents a pattern that blends perfectly with its
immediate background. Pattern performance (with and without OCIE) will be evaluated using the adjectival ratins
found in paragraph M.5.
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The baseline patterns will be grouped in the following manner. Woodland baselines will include Woodland
MARPAT, BDU and AOR2. Arid baselines will include Desert MARPAT, AOR1 and DCU. The transitional
baseline will include OCP.
Family performance (with and without OCIE) will be evaluated as well. Family performance will be based on
weighting criteria, such that the transitional pattern performance is significantly more important that the woodland
and arid pattern performances, which are equal.
The Offeror`s Written Technical Proposal will be evaluated to ensure that the proposed Camouflage Pattern is
mature and effective enough to be utilized by all services deployed worldwide in defense of this country. The
feasibility evidence and any endorsements will be evaluated for technical feasibility. This evaluation will be
completed through a review of the required submitted information, independent test data, literature, or technical
specification sheets related to the performance of Camouflage included in the RFP. The Government reserves the
right to test all requirements listed.
The Offeror`s proposal will be evaluated to ensure the camouflage pattern can be reproduced and utilized in a
production environment on all types of material currently utilized by the Army in producing combat clothing and
individual equipment. Evaluation will be based on completeness of submission.
The contract price proposal will be evaluated in accordance with FAR Part 15.305 for Fairness and Reasonableness,
price competitiveness, and will not be given an adjectival or risk rating.
The Offeror's and their major subcontractor's past performance with Government and industry will be evaluated.
The Government will evaluate customer satisfaction, responsiveness to customer needs, and past demonstration of
meeting delivery schedules and the delivery of quality products. Emphasis will be on recent, relevant experience in
the past five (5) years. Offeror’s with no relevant performance history will be given a rating of “Neutral”.
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The Offeror’s Small Business Participation Plan will be evaluated in accordance with AFARS Appendix DD.
The Department of Defense (DoD) has established small business goals as an assistance to assure small business
receives a fair proportion of DoD awards. The goal for this procurement are as follows (as a percentage of the total
contract value):
(Note: For example, a participation plan that reflects 5% subcontracting to a woman-owned small business, this
would also count towards the overall 20% goal for total Small Business subcontracting.)
The technical panel will provide a detailed evaluation and assign an adjectival and proposed risk rating for the
Technical and Management Areas. The Contract/Price Proposal Area will be evaluated by the Contracting Officer in
accordance with the evaluation criteria established in Area III. The Small Business Participation Plan Area will be
evaluated in accordance with FAR 19.705, DFARS 219.705 and the AFARS, Appendix DD and will evaluate
Small/Small Disadvantaged Business Utilization factor. This, and other factors under the Small Business
Participation Plan Area, will receive an adjectival rating only. The technical panel will rate each Area and Factor by
consensus for each proposal submitted and will prepare initial and final reports. If consensus is not obtainable, a
minority report prepared and signed by the dissenting evaluators shall be presented to the Contracting Officer for
consideration.
The technical panel will evaluate proposals in accordance with the process and evaluation criteria stated herein, and
will document the evaluation by providing a narrative discussion of the evaluation of each proposal in terms of the
evaluation criteria and proposed strong points (strengths), weak points (weaknesses), and deficiencies. This
narrative discussion will be incorporated into a report, which will be presented to the Contracting Officer to assist in
the competitive range determination. Upon establishment of the competitive range, and to the extent deemed
necessary at the sole discretion of the Contracting Officer, written discussion items (DIs) will be issued to remaining
Offerors, using control numbers, to further investigate any weaknesses, deficiencies, or other subjects identified by
the technical panel as germane to the evaluation process. These DIs are considered exchanges/discussions in
accordance with FAR 15.306(d). The Contracting Officer relating to any matter that requires written revisions to a
proposal for which a binding agreement is required/desired may also issue DIs. The technical panel will be
responsible for briefing the Contracting Officer at all steps of the evaluation process. The Contracting Officer may
delegate an initial competitive range determination, for the purposes of exchanges/negotiations in accordance with
FAR 15.306(d). The technical panel shall provide its report to the Contracting Officer for a final briefing, if
necessary.
M.5. Technical and Management/Production Readiness Area and Factor Rating Definitions
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The following rating definitions will be utilized in the evaluation of the Technical Area and Factors (the Technical
Area will be a “roll-up” of the Technical Factor ratings) and the Management/Production Readiness Area and
Factors (the Management/Production Readiness Area will be a “roll-up” of the Management Factor ratings):
A proposal that satisfies all of the Government’s requirements with extensive detail to indicate
Outstanding feasibility of the approach and shows a thorough understanding of the problems and offers
numerous significant strengths, which are not offset by weaknesses, with an overall low
degree of risk in meeting the Government’s requirements.
A proposal that satisfies all of the Government’s requirements with adequate detail to indicate
Good feasibility of the approach and shows an understanding of the problems and offers some
significant strengths or numerous minor strengths, which are not offset by weaknesses, with an
overall low to moderate degree of risk in meeting the Government’s requirements.
A proposal that satisfies all of the Government’s requirements with minimal detail to indicate
Acceptable
feasibility of the approach and shows a minimal understanding of the problems, with an
overall moderate to high degree of risk in meeting the Government’s requirements.
A proposal that satisfies all of the Government’s requirements with minimum detail to indicate
Marginal
feasibility of approach and shows a minimal understanding of the problem with an overall
high degree of risk in meeting the Government’s requirement.
An approach which, as initially proposed, cannot be rated Marginal because of a minor
Susceptible to error(s), omission(s) or deficiency(ies) which is capable of being corrected without a major
rewrite or revision of the proposal.
Being Made
Acceptable NOTE: A Susceptible rating cannot be a final rating. The final rating will either increase to a
rating of Marginal or better or decrease to Unacceptable.
A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of
Unacceptable understanding of the problems or an approach that cannot be expected to meet requirements or
involves a very high risk; and none of these conditions can be corrected without a major
rewrite or revision of the proposal.
ood
M.6. Performance Risk Area Rating Definiitons.
The following risk rating definitions will be utilized in the evaluation of the Past Performance Area:
Little doubt exists, based on the Offeror's performance record, that the
Low Risk Blue
Offeror can perform the proposed effort.
Some doubt exists, based on the Offeror's performance record, that the
Moderate Risk Green
Offeror can perform the proposed effort.
High Risk Red Significant doubt exists, based on the Offeror's performance record, that
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The following rating definitions will be utilized in the evaluation of the Small Business Participation Plan Area:
EVALUATION CRITERIA
Extent to
which SBP Realism of
Extent of Extent to which
Goal Proposed SB
Adjectival Achievement Corporate/Divisi
Rationale Participation
Rating of RFP Small on SB Strengths and
Supports Goals Based
Business Participation Weaknesses
Achievement on Proposal &
Participation Goals Satisfy
of Successful Performance
Objectives RFP Objectives
Contract Risk
Performance
Proposed Goals Extensive &
Goals Achieve or
Achieve or Compelling Strengths Far
Nearly Achieve
Outstanding Nearly Achieve Rationale for Highly Realistic Outweigh
Almost all RFP
Almost all RFP All Proposed Weaknesses
Objectives
Objectives Goals
Proposed Goals
Achieve or Goals Achieve or
nearly Achieve Nearly Achieve
Substantive
Most RFP Most RFP
Rationale for Strengths
Objectives, Objectives, with
Good Almost All Realistic Outweigh
with meaningful Goals
Proposed Weaknesses
meaningful Against
Goals
Goals Against Remaining
Remaining Objectives
Objectives
Meaningful Reasonable
Meaningful Goals
Goals Proposed Rationale for Strengths and
Against Almost Somewhat
Acceptable Against Almost the Majority of Weaknesses
all RFP Realistic
all RFP Proposed are Offsetting
Objectives
Objectives Goals
Meaningful Limited
Meaningful Goals
Goals Proposed Rationale for Weaknesses
Against Only May Not be
Marginal Against Only the Majority of Outweigh
Several RFP Realistic
Several RFP Proposed Strengths
Objectives
Objectives Goals
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Failed to Little or No
Propose Meaningful
Goals Fail to Weaknesses
Meaningful Rationale
Unacceptable Satisfy Almost all Not Realistic Far Outweigh
Goals Against Provided for
RFP Objectives Strengths
Almost All RFP Proposed
Objectives Goals
STRENGTH. An aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of
the proposal or increases the probability of successful performance of the contract. A “significant strength”
appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract
performance.
WEAKNESS. A flaw in the proposal that increases the risk of unsuccessful contract
performance. A “significant weakness” in the proposal is a flaw that appreciably increases the risk of unsuccessful
contract performance.
UNCERTAINTY. Any aspect of the proposal for which the intent of the Offeror is unclear because there may be
more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error,
omission or mistake. Examples include a mistake in calculation or measurement and contradictory statements.
The non-price factors will be evaluated and rated based upon the general and specific instructions contained herein.
The Price Factor will not have an adjectival rating assigned.
(end of section)