Sol_16PBGC25Q0054_Amd_0001.pdf

(x)

16PBGC25Q0054

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PD

Washington DC 20024-2101 445 12th St SW Procurement Department

02/06/20250001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/28/2025

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

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

The purpose of this amendment is as follows:

• Provide the Government’s responses to questions submitted by industry. (See Attachment 4.)

• Add clarifying language to the scope of work in the performance work statement (PWS).

(See blue text in Attachment 1, section 3.)

• Add clarifying language to the request for quotations (RFQ). (See blue text in RFQ sections 4 and 5.)

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Shelly Thieme

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 202-615-0378 THIEME.SHELLY@PBGC.GOV

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 10

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

16PBGC25Q0054/0001

Period of Performance: 03/07/2025 to 03/06/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Section 3 - Attachments and Exhibits was revised as follows.

Attachments and Exhibits was revised as follows.

Table has been revised and now reads as follows:

Attachments

Attachment Number

Title Date

1 A05_PWS (Attachment 1) 01/27/2025 1 A05_PWS (Attachment 1) 02/06/2025 2 A21_RFQ_Industry Feedback Form (Attachment 2) 01/27/2025 3 A21_RFQ_Pricing Worksheet (Attachment 3) 01/27/2025 4 A21_Government Responses to Industry Feedback (Attachment

4)_0001 02/06/2025

Section 4 - Instructions to Offerors was revised as follows.

Section 4: Instructions to Quoters (Addendum to FAR 52.212-1)

4.1 Eligibility for Contract Award

4.1.1 Registration in the System for Award Management (SAM)

In accordance with FAR 4.1102, unless an exception applies, Quoters are required to be registered in SAM at the time a quotation is submitted in order to comply with the annual representations and certifications requirements. The Government will not evaluate quotes submitted by, nor make contract award to, prospective Contractors without active SAM registrations.

4.1.2 Contractor Responsibility

Contracts may be awarded to responsible prospective Contractors only. To be determined responsible, a prospective Contractor must meet the standards described at FAR 9.104. The Government will not evaluate quotes submitted by, nor make contract award to, prospective Contractors with active records of exclusion.

(See FAR 9.405.)

4.1.3 Compliance with Solicitation Instructions

In order to maximize efficiency and ensure fairness during the quote evaluation process, all Quoters must comply with FAR 52.212-1 and this addendum. Quotes that do not comply with these instructions may be considered non-compliant with the solicitation terms and ineligible for award. Quotes must be communicated clearly and coherently and provide sufficient detail for effective evaluation by the Government. Quotes must address all aspects as described hereunder.

4.1.4 Experience with PBGC’s Terminations Process

Quoters must have experience with PBGC’s terminations process to be considered for contract award. Such experience could include advising PBGC or advising current/former PBGC Plan Sponsors.” Quoters that have no experience, or that do not clearly describe their experience, with PBGC’s terminations process will be ineligible for contract award.

4.2 Solicitation Questions

Quoters may submit questions regarding this solicitation to the Government points of contact identified in section 4.5 of this document. Quoters must use the Industry Feedback Form (Attachment 2) to submit all questions no later than 1 p.m. ES on Monday, February 3, 2025. The Government will not respond to questions submitted through other means. The Government will share non-attributable questions and responses through a solicitation amendment, giving due regard to the proper protection of proprietary information.

4.3 Quotation Formatting and Submission Requirements

Quoters shall label and submit quotes in accordance with the table below. Quotes must be separated by volume and submitted via email to the Government points of contact referenced in section 4.5. Each volume must be contained within its own unique zipped folder labeled in accordance with the below table (e.g., “Volume 1 – Administrative Materials” or simply “Volume 1”). Quoters may include cover pages, tables of content (TOCs), and glossaries for each volume but are not required to do so. Cover pages, TOCs, and glossaries will not count against any page limits.

Quoters may submit their quotes in up to three (3) emails, as necessary, to circumvent file-size limitations.

# Volume Title Formatting Requirements

4.3.1 Administrative

Materials

A. Cover Letter. PDF document with 11-point or higher Times New Roman (TNR) or Calibri font for text and 10-point or higher TNR or Calibri font for headers, footers, captions, tables and graphics.

B. Resumes. PDF documents not to exceed two (2) pages each using 11-point or higher TNR or Calibri font for text and 10- point or higher TNR or Calibri font for headers, footers, captions, tables and graphics.

C. Organizational Conflict of Interest (OCI) Risk Mitigation Plan. PDF document with 11-point or higher Times New Roman (TNR) or Calibri font for text and 10-point or higher TNR or Calibri font for headers, footers, captions, tables and graphics. (Only required if a Quoter affirms in its cover letter that it believes an actual or potential OCI exists.)

4.3.2 Corporate

Experience Portfolio

A. Abstract. PDF document, not to exceed one (1) page with 11-point or higher TNR or Calibri font for text and 10-point or higher TNR or Calibri font for headers, footers, captions, tables and graphics.

B. Projects (up to three (3)). PDF document, not to exceed five (5) pages per project (fifteen (15) pages maximum), with 11-point or higher TNR or Calibri font for text and 10-point or higher TNR or Calibri font for headers, footers, captions, tables and graphics (not including any title page).

4.3.3 Price Use the Price Worksheet (Attachment 3).

4.4 Quotation Content

This section provides detailed instructions on the content of each quote volume.

4.4.1 Administrative Materials

Quoters shall submit a cover letter, resumes, and an OCI risk mitigation plan (if unable to certify in the cover letter that none exists).

4.4.1.1 Cover Letter. The cover letter shall either include or acknowledge, as appropriate, the items below. following: The Government will not consider extraneous or supplemental information submitted by the Quoter.

· The Quoter’s Unique Entity ID in SAM.

· Description of the Quoter’s experience with PBGC’s terminations process, which could include advising PBGC or advising current/former PBGC Plan Sponsors. For example, a Quoter could describe an instance in which it worked on a distress termination for a company. (E.g., [ABC Company] filed a distress termination in [Month Year]. Our firm’s role in that filing was [XYZ].”)

· The information stated at FAR 52.212-1(b) (11 items total, as applicable; items addressed elsewhere within the quote need only be acknowledged within the cover letter).

· Completed provisions not referenced in FAR 52.212-1 (as applicable; see the provisions and clauses listed in section 5 of this solicitation). If the Quoter has completed these provisions as part of its Entity Registration in the System for Award Management (SAM.gov), the Quoter may state as such in the cover letter and attach a copy of its Certs and Reps.

· Either a statement certifying that the Quoter knows of no actual or potential OCIs that would result from the Quoter receiving a contract award under this solicitation, or a brief explanation of what actual or potential OCIs would result from the Quoter receiving a contract award. (Also see 4.3.1.C and 4.4.1.3.)

· A statement indicating whether the Quoter intends to use subcontractor support to meet the needs of this requirement and certifying the Quoter’s understanding that, if selected as the apparent awardee and small-business opportunities exist, they have a statutory requirement (imposed by the Small Business Act (15 U.S.C. 637(d)) to submit and negotiate an acceptable small-business subcontracting plan with the Contracting Officer. Failure to do so will deem the Quoter ineligible for award. (See FAR 19.702(a)(1)(i) and FAR 19.704.)

· Any exceptions the Quoter takes with regard to the Government’s terms and conditions. Quoters are encouraged to state with reasonable specificity the term(s) and condition(s) that the quote takes exception to, the specific alternative provision(s) proposed, if any, and any impacts (particularly with respect to price and/or willingness to honor a quote) should the exception not be accepted by the Government.

· A statement that the Quoter agrees to hold the prices in its quote firm for ninety (90) calendar days from the date specified for receipt of quotes.

· A list of the additional quote documents being submitted concurrently with the cover letter.

· The following statement, completed as indicated: “I, [name of cover letter signatory], certify that [company name] leadership has reviewed the solicitation in full, understands the Government’s requirement, including the standards for acceptable performance, and believes [company name] to be fully capable of satisfactorily performing this requirement. In addition, [company name] leadership has either participated in or reviewed all aspects of this quote. The information contained herein is accurate to the best of my knowledge and belief.”

· The signature of a senior company official with authority to enter the company into a contract for this requirement.

4.4.1.2 Resumes. Two (2) resumes shall be submitted: one for the proposed Team Lead and another for the proposed Deputy Team Lead. Both must show experience that supports the qualifications specified in section 11 of the Performance Work Statement (PWS) (Attachment 1).

4.4.1.3 OCI Risk Mitigation Plan. Only Quoters unable to certify the absence of actual or potential OCI risks in their cover letters shall submit an OCI risk mitigation plan with their quotes. The risk mitigation plan should list, in specific detail, the issue(s) that constitute the OCI, how the issues originated, a draft plan on how to mitigate the OCI, and any other pertinent facts or assumptions that led the Quoter to believe an OCI issue exists with regard to its quote. Contracts will not be awarded to Quoters with actual or potential OCIs unless the Contracting Officer determines that the OCI risk mitigation plan is in the best interests of the Government in accordance with PBGC 52.209-7001.

4.4.2 Corporate Experience Portfolio

This volume measures the amount of experience the Quoter and its proposed “major” subcontractors (defined as subcontractors that would earn at least 15% of the total contract value under the

Quoter’s quote) have providing expert financial advisory services in the healthcare sector similar in size, scope, and complexity to this requirement. All referenced experience must meet the following criteria:

· Have been for expert financial advisory services performed in the healthcare sector.

· Have been performed by the Quoter or proposed major subcontractors.

· Have been performed as either a prime Contractor or subcontractor.

· Have occurred commenced or concluded within five (5) years of the solicitation closing date or are still ongoing.

4.4.2.1 Abstract. For each project included in the portfolio (up to three (3)), provide the following:

· Client’s name and industry sector.

· Brief description of the scope of work, level of complexity, period of performance, dollar value of engagement, and value of client’s funded debt.

· Email address and phone number for an employee of the client organization with first-hand knowledge of the Quoter’s work on that project. The Government reserves the right to contact references to verify project details or the Quoter’s involvement as described in the corporate experience portfolio. If references cannot be provided due to client confidentiality, please indicate as such and confirm that reference checks will be coordinated upon request.

The Government will not consider extraneous or supplemental information submitted by the Quoter.

4.4.2.2 Project Details. The Quoter shall include corporate experience that demonstrates the Quoter has specific experience in the U.S. healthcare sector leading valuation and turnaround engagements and/or representing clients in leading large distress valuations and complex restructuring and/or bankruptcy transactions. For each project, Quoters shall provide the following information:

· Quoter’s period of performance on the project.

· Company name(s), role(s), and period(s) of performance for all subcontractors hired by the Quoter to support the project.

· Description of the Quoter’s experience (and subcontractors’ experience, if applicable) with large and complex bankruptcy and restructuring transactions in the healthcare sector in relation to the levels of support (low, medium, high, and case monitoring) defined in section 3 of the PWS (Attachment 1).

· Description of the Quoter’s experience (and subcontractors’ experience, if applicable) performing the requirements outlined in section 4 of the PWS (Attachment 1).

· Description of creative, innovative, novel, or unique approaches and/or customizable solutions employed to address the client’s specific circumstances to achieve favorable outcomes.

4.4.5 Price

Quoters shall complete and submit the Price Worksheet (Attachment 3). Monthly rates included in the Price Worksheet (Attachment 3) represent the Quoter’s firm fixed prices corresponding to the levels of support described in section 3 of the PWS (Attachment 1).

For evaluation purposes only, the total evaluated price is the sum of the total prices submitted for (a) the base period, (b) all option periods, and (c) the six-month extension authorized by FAR 52.217-8. For the purpose of determining the total price for the six-month extension authorized by FAR 52.217-8, companies shall calculate the total price as one-half of the total price for the final option period of the contract.

Accordingly, each quote must include pricing regarding the exercise of FAR 52.217-8.

The Government reserves the right to adjust the levels of support required during any period of performance based on evolving needs.

4.5 Government Points of Contact

Questions and quotations in response to this solicitation must be submitted in accordance with solicitation instructions to the points of contact listed below. The deadline for submission of questions is 1 p.m.

ES on Monday, February 3, 2025. The deadline for submission of quotes is 1 p.m. ES on Tuesday, February 11, 2025.

Shelly Thieme Contracting Officer thieme.shelly@pbgc.gov

Christine Retarides Contract Specialist retarides.christine@pbgc.gov

Section 5: Evaluation & Basis for Award was revised as follows.

Section 5: Evaluation Process

5.1 General

The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government may select for award a Quoter that does not submit the lowest price if the Government deems it technically superior to lower-priced competitors. The Government may also select a Quoter that does not demonstrate the best technical capabilities or represent the lowest risk if the Government believes that a lower-priced quote represents a better value.

The evaluation factors and rating methods that will be applied are summarized in the following table:

Factor/Subfactor # Title Rating Method Factor 1 Quote Compliance Acceptable/Unacceptable Factor 2 Corporate Experience Confidence Assessment Rating Factor 3 Price Price Analysis (no rating)

The Government will evaluate quotes in two steps. Under the first step, the Government will evaluate Factor 1. Quotes must be deemed “Acceptable” under this factor for the Government to continue evaluating Factors 2 and 3 under the second step. Quotes deemed “Unacceptable” under the first step will be immediately rejected as unawardable.

The rating methods are described in further detail below.

Acceptable/Unacceptable (Factor 1)

Adjectival Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

Confidence Assessment Rating (Factor 2)

Adjectival Rating Description mailto:thieme.shelly@pbgc.gov mailto:retarides.christine@pbgc.gov

Substantial Confidence

Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has a high expectation that the Quoter will successfully perform the required effort.

Satisfactory Confidence

Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has a reasonable expectation that the Quoter will successfully perform the required effort.

Limited Confidence Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has a low expectation that the Quoter will successfully perform the required effort.

No Confidence Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has no expectation that the Quoter will be able to successfully perform the required effort.

5.2 Methodology

The Government will assess Quoters on each factor based upon the considerations described below.

5.2.1 Factor 1: Quote Compliance

The Government will evaluate whether the quote conforms to the following administrative requirements stated in sections 4.3.1 and 4.4.1 of the Instructions to Quoters (“Instructions”):

· Contains a cover letter, signed by a senior company official with authority to enter the company into a contract for this requirement, that includes the content described in section 4.4.1.1 of the Instructions.

· Contains two resumes, one for the proposed Team Lead and one for the proposed Deputy Team Lead, both of whom meet the minimum qualifications stated in section 11 of the Performance Work Statement (PWS) (Attachment 1).

· Contains an OCI mitigation plan (if required).

· Contains a completed Price Worksheet (Attachment 3) as referenced in sections 4.3.3 and 4.4.5 of the Instructions.

A quote that does not conform to the material requirements described above will be deemed “Unacceptable” and rejected by the Government without further evaluation.

5.2.2 Factor 2: Corporate Experience

Corporate Experience Portfolio. The Government will evaluate the Quoter’s experience in, and approach to, performing work similar in size, scope, and complexity to this requirement. Referenced projects that do not meet the criteria stated under section 4.4.2 of the Instructions will not be evaluated by the Government.

In evaluating this factor, the Government will specifically consider the following:

· Overall experience in the U.S. healthcare sector leading valuation and turnaround engagements and/or representing clients in leading large distress valuations and complex restructuring and/or bankruptcy transactions (based on length of time and quantity of projects) in relation to the requirements outlined in sections 3 and 4 of the PWS (Attachment 1).

· Quoter’s experience (and subcontractors’ experience, if applicable) with large and complex bankruptcy and restructuring transactions in the healthcare sector in relation to the levels of support (low, medium, high, and case monitoring) defined in section 3 of the PWS (Attachment 1).

· Quoter’s experience (and subcontractors’ experience, if applicable) performing the requirements outlined in section 4 of the PWS (Attachment 1).

· Quoter’s overall capacity for developing creative, innovative, novel, or unique approaches and/or customizable solutions to address the client’s specific circumstances and achieve favorable outcomes.

All else being equal, the Government will favor quotes that exhibit the following:

· Greater length of experience in years.

· A higher quantity of referenced projects.

· A wider breadth of experience performing the requirements outlined in sections 3 and 4 of the PWS (Attachment 1).

· Greater overall capacity to develop creative, innovative, novel, or unique approaches and/or customizable solutions.

5.2.3 Factor 3: Price

· The total evaluated price will be automatically calculated within the Price Worksheet (Attachment 3). For evaluation purposes only, the total evaluated price is the sum of the total prices submitted for (a) the base period, (b) Option Period 1, and (c) the six-month extension authorized by FAR 52.217-8, Option to Extend Services. The Government reserves the right to adjust the level of support required during any period of performance based on evolving needs.

· The Government will analyze the total evaluated price utilizing one or more of the methods stated at FAR 15.404-1(b)(2) to determine whether it is fair and reasonable.

· The Government may choose to perform a price realism analysis as appropriate for any quote. This will occur if any unit price or the total evaluated price appear to be unrealistically low, indicating a potential lack of understanding by the Quoter and/or increased risk of performance failure. Upon conducting a price realism analysis, the Government may reject a quote with pricing it considers unrealistically low.

· For the purpose of determining the total price for the six-month extension authorized by FAR 52.217- 8, companies shall calculate the total price as one-half of the total price for the final option period of the contract. Accordingly, each quote must include pricing regarding the exercise of FAR 52.217-8. Evaluation of this six-month extension will not obligate the Government to exercise the option.

Failure to provide pricing for the six-month extension authorized by FAR 52.217-8 may result in the quote being found either non-compliant or technically unacceptable and ineligible for further evaluation or award.

5.2.4 Consideration of Exceptions

Following evaluation of all Acceptable quotes under Factors 2 and 3, the Government will consider exceptions and proposed alternatives to the Government’s terms and conditions, if any, as stated in the cover letter from the otherwise apparently successful Quoter. If the Government is unable to accept or negotiate alternative terms and conditions to the satisfaction of both parties, contract award will not be made to that Quoter.

PROVISIONS AND CLAUSES

PLEASE BE ADVISED: In accordance with President Trump’s Executive Order of January 21, 2025 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity), which revokes Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity), Contractors are no longer required to complete the associated representations found at FAR 52.212-3(d) nor comply with clauses (or portions of clauses) implementing Executive Order 11246 (e.g., FAR 52.222-26, FAR 52.212-5); however, for 90 days from the date of President Trump’s aforementioned order, Federal Contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.

Additionally, at the time of contract award, a Contractor must agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code, and certify that it does not operate any programs promoting Diversity, Equity, and Inclusion (DEI) that violate any applicable Federal anti-discrimination laws.

Clause List

The following clauses are no longer incorporated:

FAR 52.216-25 Contract Definitization (OCT 2010)