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Contract Opportunity

This is a combined synopsis/solicitation for commercial services is prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is W9128A24R0021 and is used as a request for proposal (RFP).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03, effective 23 February 2024.

Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the solicitation is set-aside 100% for Small Businesses located in Maui or Hawaii County, Hawaii (see FAR 52.226-3, 52.226-4, 52.226-5 for more information).

The Honolulu District (POH) of the U.S. Army Corps of Engineers (USACE) will issue a solicitation with one CLIN (0001) for one “Job” to perform an ethnographic study, including the completion of oral history documentation, which may be used to supplement a potential future evaluation of Lāhainā as a Traditional Cultural Property, following National Register Bulletin 38, which discusses how traditional cultural values are vital to maintaining a community’s sense of identity. The scope for the oral history documentation focuses on the pre-contact and post-contact history of Lāhainā Moku, excluding discussion of the recent fire. The documentation will cover topics such as, but not limited to, the history of Lāhainā, starting with the Chiefdom of Lāhainā, the Kingdom of Hawai’i, the Provisional Government, the Republic of Hawai’i, the Territory of Hawai’i, and the State of Hawai’i.

The place of performance for the requirement is Lahaina, Hawaii, and surrounding area. The completion date for the services is 31 December 2024.

Offerors are not required to be registered in the System for Award Management (SAM) at the time of submission of offers since the Government is conducting emergency operations.

***See FAR 52.212-1 Addenda and 52.212-2 for the specific information and evaluation criteria/submission requirements the offeror must submit with its proposal.***

Notice to Offerors:

FAR 52.212-1. Instruction to Offerors – Commercial Items, applies to this acquisition with the following addenda to the provision:

FAR 52.212-1 Instructions to Offerors – Commercial Items Addenda:

(b) Submission of the offer. Submit a signed and dated offer to David Neal at david.w.neal@usace.army.mil by 5 April 2024 at 2:00 PM HST. As a minimum, the offer must include--

(1) The solicitation number;

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

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

(4) Pricing for CLIN 0001;

(5) A completed copy of the representations and certifications at FAR 52.212-3 Offeror Representations and Certifications Alternate I – Commercial Items, FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, if applicable, and FAR 52.226-3 Disaster or Emergency Area Representation.

(6) A statement specifying agreement with all terms, conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration; and

(7) A statement specifying that the offeror has adequate financial capability to assume responsibility for the proposed contract;

(8) Alternate payment terms and conditions (See FAR 52.212-4(g) Addenda).

(m) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of David Neal at david.w.neal@usace.army.mil.

(n) Joint Ventures. Joint Ventures shall submit the following additional documentation regarding their business entity:

(1) A certified copy of the Joint Venture Agreement

(2) A detailed statement outlining the following items in terms of percentages, where appropriate:

a. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing;

b. The management approach of the joint venture in terms of who will conduct, direct, supervise, and control the requirement and have custody and control of the assets of the Joint Venture and perform the duties necessary to complete the work;

c. The structure of the joint venture and decision-making responsibilities of the Joint Venture parties in terms of who will control the manner and method of performance of the work;

d. Identification of key personnel having authority to legally bind the Joint Venture to subcontracts and state who will provide or contract for the labor and materials for the Joint Venture;

e. Identification of party maintaining the Joint Venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the Joint Venture;

f. Identification of party furnishing the facilities, such as office supplies and telephone service;

g. Identification of party having overall control of the Joint Venture.

FAR 52.212-2, Evaluation – Commercial Items is used and includes the following evaluation criteria:

(a) The Government will award a contract(s) resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will represent the best value to the Government, price and other factors considered.

In accordance with FAR 13.106-1 the Government will use the below factors to evaluate offers. The Government will award a contract to the offeror providing the most advantageous value to the Government. The Government reserves the right to award to an offeror providing other than the lowest price offer based on the technical merits of the offeror’s proposal.

(1) Factor 1 - Past Performance

Submission Requirements. Offeror shall provide a minimum of two, up to a maximum of five projects substantially complete or completed by the prime contractor within the last ten years that are similar to this project in size and scope. The Offeror shall limit past performance information to one page per project (five total pages). Projects considered similar in scope to this project include oral history documentation/ethnographic studies for government or private entities, applying the four key elements of the National Park Service’s Best Practices. Projects considered similar in size to this project include those with a value of at least $100,000. The offeror may submit an IDIQ contract only if a single task order could be considered similar to this project. The offeror may combine individual contracts and task orders awarded in the same year to the same prime contractor to be considered similar. Each project example shall include the following information:

a. Project name and location of the project;

b. Agency/Firm/Company for whom the work was performed for (i.e., Federal Government or Commercial/Private, etc.);

c. Name of a contact person (reference) for the project, including a telephone number and email;

d. Month/year the work began and ended;

e. The dollar amount of the project, including original amount and final amount with modifications;

f. Explain how the work is relevant to this requirement (i.e., four key elements of the National Park Service’s Best Practices, number of interviews conducted, etc.).

Joint Ventures or teaming arrangements may submit individual project examples for each one of the teaming partners, but the total projects submitted shall not exceed five (5). However, each teaming partner must submit at least one similar project.

The offeror may also submit a similar project completed by an intended subcontractor for the requirement.

In addition to the above information required to be submitted with the proposal, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the offeror. If the Government obtains negative past performance information, it will contact the offeror and allow them an opportunity to respond.

Evaluation. The Government will evaluate whether the projects submitted are of the same size and scope, as described above in the submission requirements.

Projects may be given more consideration for the following:

a. Projects completed for a Federal Government Agency

b. Projects completed in Maui County

c. Projects that included 10+ interviews

d. Projects longer than 6+ months

e. Projects that exceed $250,000

f. Projects completed to support emergency or disaster events

g. Projects that include all of the items (a) – (f) above

The Government will utilize the following ratings for the evaluation of Past Performance:

Outstanding - Project examples submitted involved essentially the same size and scope this solicitation requires and the offeror’s past performance record provides the Government with a high expectation of successful performance on the required effort.

Acceptable - Project examples submitted involved similar or some of the same size and scope this solicitation requires and the offeror’s past performance record provides the Government with a reasonable expectation of successful performance on the required effort.

Unacceptable - Project examples submitted involved little or none of the scope and magnitude of effort and complexities this solicitation requires OR based on the offeror’s past performance record provides the Government with a low or no expectation of successful performance on the required effort.

(2) Factor 2 - Management Plan

Submission Requirements. The offeror shall provide a management plan (no more than five pages) that includes a narrative describing the offeror’s plan to complete the work. The offeror’s management plan shall address, at a minimum, the following:

a. General understanding of the requirement and a brief narrative of how the offeror plans to complete the work, focusing on the four key elements (Preparation, Interviewing, Preservation, & Access and Use) identified by the National Park Service set of Best Practices;

b. How the offeror will implement the traditional cultural values per the National Register Bulletin 38;

c. Estimated number of hours of preparation and processing

d. Summary of key personnel (Ethnographer) and duties in accordance with the Performance Work Statement (PWS);

e. Schedule for completion of all the work and a schedule for completion of the work associated with the four key elements (Preparation, Interviewing, Preservation, & Access and Use); and

f. Information regarding communication, identification of issues, problem solving, or complaints.

Evaluation. The Government will evaluate the management plant to determine whether the offeror demonstrates a clear understanding of the work and has the ability to coordinate resources to ensure successful completion of the work by December 31, 2024.

The Government will utilize the following ratings for the evaluation of Past Performance:

Outstanding - Management Plan indicates an exceptional approach and understanding of the requirements by adequately addressing all items (a) – (f), and risk of unsuccessful performance is low.

Acceptable - Management Plan meets requirements and indicates an adequate approach and understanding of the requirements by addressing most of the items (a) – (f), and risk of unsuccessful performance is moderate.

Unacceptable - Management Plan does not meet requirements of the solicitation by addressing only a few or none of the items (a) – (f), and risk of unsuccessful performance is unacceptable.

(3) Factor 3 - Price

Submission Requirements. Offerors shall submit a total price to complete all work included in the Performance Work Statement (PWS). The offeror shall also provide the following data other than certified cost or pricing data, including data from any subcontractors:

• Total per hour cost for the project and the number of estimated hours to complete the work for the prime contractor and any subcontractors; and

• A breakout of each task and estimated cost for each hour of cost.

If the Government only receives one offer or if it needs additional other than certified cost or pricing data per 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

Evaluation Criteria. The Government will evaluate the offeror’s price using one or a combination of methods in FAR 15.404-1.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

***Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications Alternate I – Commercial Items, with its proposal (see Attachment 6). If the offeror has up-to-date representations and certifications in SAM, then this completed provision is not required to be submitted with the offeror’s proposal.***

FAR 52.212-4, Contract Terms and Conditinos – Commercial Products and Commercial Services, applies to this acquisition with the following addenda to the provision:

FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services Addenda:

(g) Invoice. (1) The Contractor shall submit an electronic invoice to the COR and KO as work progresses and is inspected and accepted, but not more frequently than monthly, in amounts of $2,500 or more. The Contractor may submit a monthly invoice for 10% (up to 90%) of the overall price with each invoice for the duration of the project. The Government will withhold 10% of the overall price until the Contractor completes all of the work. The Government will update this section upon award a modification that increases the performance period. The invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number and line item number;

(iv) Description of work performed and total amount invoiced under CLIN 0001.

(v) Terms of any discount for prompt payment offered;

(vi) Name, title, and phone number of a person to notify in the event of a defective invoice; and

(vii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice ONLY if required elsewhere in the contract.

(viii) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in the contract.

(B) Suppose EFT banking information is not required to be on the invoice so the Contractor can submit a proper invoice. In that case, the Contractor shall have submitted correct EFT banking information per the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or applicable agency procedures.

(2) The Government will handle all invoices per the Prompt Payment Act (31 USC 3903) and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which will be incorporated into the contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

• 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I

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

• 52.204-14, Service Contract Reporting Requirements

• 52.204-27, Prohibition on a ByteDance Covered Application

• 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

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

• 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillances Services or Equipment

• 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

• 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

• 52.219-6, Notice of Total Small Business Set-Aside

• 52.219-14, Limitations on Subcontracting

• 52.219-28, Post Award Small Business Program Representation

• 52.222-3, Convict Labor

• 52.222-21, Prohibition of Segregated Facilities

• 52.222-26, Equal Opportunity

• 52.222-35, Equal Opportunity for Veterans

• 52.222-36, Equal Opportunity for Workers with Disabilities

• 52.222-37, Employment Reports on Veterans

• 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

• 52.222-41, Service Contract Labor Standards

• 52.222-42, Statement of Equivalent Rates for Federal Hires

• 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment

• 52.222-50, Combating Trafficking in Persons

• 52.222-55, Minimum Wage Under Executive Order 13658

• 52.222-62, Paid Sick Leave Under Executive Order 13706

• 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

• 52.225-13, Restrictions on Certain Foreign Purchases

• 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

• 52.232-34, Payment by Electronic Funds Transfer – Other than System for Award Management

• 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

• 52.233-3, Protest After Award

• 52.233-4, Applicable Law for Breach of Contract Claim

The Contractor shall comply with the following additional FAR and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses, where the clauses will be incorporated into the contract by reference or full text:

• 52.203-3, Gratuities

• 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

• 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

• 52.209-7, Information Regarding Responsibility Matters

• 52.226-3, Disaster or Emergency Area Representation

• 52.226-4, Notice of Disaster or Emergency Set-Aside

• 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

• 252.201-7000, Contracting Officer’s Representative

• 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

• 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

• 252.203-7005, Representation Relating to Compensation of Former DoD Officials

• 252.204-7000, Disclosure of Information

• 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

• 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

• 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

• 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation

• 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation

• 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

• 252.204-7024, Notice on the Use of the Supplier Performance Risk System

• 252.205-7000, Provision of Information to Cooperative Agreement Holders

• 252.215-7010, Requirements for Certified Cost or Pricing Data

• 252.225-7001, Buy American and Balance of Payments Program—Basic

• 252.225-7012, Preference for Certain Domestic Commodities

• 252.225-7055, Representation Regarding Business Operations with the Maduro Regime

• 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime

• 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

• 252.227-7015, Technical Data—Commercial Products and Commercial Services

• 252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions

• 252.231-7000, Supplemental Cost Principles

• 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

• 252.232-7010, Levies on Contract Payments

• 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

• 252.243-7002, Requests for Equitable Adjustment

• 252.244-7000, Subcontracts for Commercial Products or Commercial Services

List of Attachments:

1. Performance Work Statement (PWS)

2. PWS Attachment 1 – FEMA Environmental Protection Plan

3. PWS Attachment 2 – Memo of Finalization of OH TM

4. PWS Attachment 3 – NR Bulletin 38

5. Service Contract Act Wage Determination 2015-5739, dated 26 December 2023

6. FAR 52.212-3 Provision

7. FAR 52.204-24 Provision

8. FAR 52.226-3 Provision

Attachments/Links