52.212-1 INSTRUCTIONS TO OFFERORS.pdf

36C24225Q0026

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

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

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

Quote Submission Instructions: Quotes shall be emailed to andres.cepeda@va.gov by the date and time specified on page 1 of the solicitation amendment. The email subject line shall identify Solicitation 36C24225Q0026. Quotes that do not adhere to these instructions may be determined to be incomplete and will be rejected without further consideration for award. Quote submissions must include:

(1) One signed copy of this SF 1449 with blocks 17 (pg. 1), 30a (pg. 1), 30b (pg. 1), 30c (pg.1), contract administration data (pg. 3) and acknowledgement of amendments sections (if sections (if applicable) (pg. 4) completed.

(2) EVALUATION FACTORS SUPPORTING DOCUMENTS:

This section provides general guidance for preparing quotations as well as specific instructions on format and content of the quotation. The Quoters’ quotation must include all data and information requested herein and must be submitted in accordance with these instructions.

Nonconformance with the instructions provided herein will result in the quotation being found incomplete. Incomplete quotes will not be further considered for award. Quotations must be clear, concise, and must include sufficient detail for effective evaluation and for substantiating.

The Quote shall consist of three (3) Evaluation Factors:

Factor One (1): Technical Capability:

Factor Two (2): Past Performance:

Factor Three (3): Price:

Evaluation Factor 1 – TECHNICAL CAPABILITY:

A technical capability statement that clearly and concisely describes how the quoter will provide the required services without parroting back each section of the statement of work. The technical capability statement should be a maximum of 10-pages and should demonstrate the contractor’s ability to meet all the requirements of the statement of work. The technical capability statement should include the following:

(1) The offeror shall describe its best technical solution to performing the statement of work.

The offeror shall also provide details of specific methods, techniques, and solutions for completing the requirement, including areas such as technical approach, technical expertise (including experience and qualifications for at least two (2) previous contracts for similar services in scope and complexity).

(2) The offeror must demonstrate that they are a firm regularly engaged in providing cable TV services and the maintenance and repair related to those services. Submit copies of Insurance Certificates and Business Licenses. Offeror must be an Authorized 3rd Party Billing Dealers with DirecTV.

(3) The offeror should provide a management plan to address who the responsible POC/POCs are for their company, their role in the company and contact information for working hours and after hours in the event of an outage.

Evaluation Factor 2 – PAST PERFORMANCE:

Provide 2 instances of past experiences of similar scope performed within the past 5 years. The quoter must provide past experience of regularly performed of cable TV services. Relevant past experience information must include key personnel who have relevant experience, predecessor companies, and subcontractors who will perform major or critical elements of this solicitation.

The contractors’ Past Performance shall also be reviewed in PPIRs; Quoters with no past performance shall receive a neutral rating for this evaluation factor.

Evaluation Factor 3 – PRICE:

Complete Section B.3 Price Schedule. Must contain one (1) complete copy of B.3 PRICE SCHEDULE. The quoter must provide pricing for the Base period and all specified Option period.

Example:

CLIN 0001 – Total base year price for monthly service

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of 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.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

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

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback https://www.sam.gov/SAM/ https://www.sam.gov/SAM/

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

PAST PERFORMANCE QUESTIONNAIRE

PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Offeror Name: ______________________Solicitation Number: ___________________

PART I: BACKGROUND INFORMATION (To be completed by offeror)

Customer/Client Name/Address: _________________________________________________________

Agency Point of Contact: _________________________________________________________

Telephone Number: _________________________________________________________

Cell Phone Number: _________________________________________________________

Email: _________________________________________________________

Contract Number: _________________________________________________________

Place of Performance: _________________________________________________________

Period of Contract: _________________________________________________________

Contract Type: _________________________________________________________

Facility Type: _________________________________________________________

Gross Square Footage in Building: _________________________________________________________

Contract Value: _________________________________________________________

Description of Services Performed:

PART II. PAST PERFORMANCE EVALUATION (To be completed by entity receiving services)

The following questions pertain to the contractor’s record of past (within the past three years) and current performance. The information that you provide will be used in awarding a federal contract. Therefore, it is important that our information be as factual and accurate as possible. Please provide examples and or explanations (use additional pages if necessary).

RATING SCALE: Use the following adjectival ratings to answer the questions.

Outstanding (O) – Performance met contractual requirements and exceeded many requirements that benefited the end user. Work was accomplished with few, if any minor problems for which corrective actions taken by the contractor were highly effective.

Good (G) – Performance met contractual requirements and exceeded some requirements that benefited the end user. Work was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Acceptable (A) – Performance met contractual requirements. Work was accomplished with some minor problems for which corrective actions taken by the contractor were satisfactory.

Marginal (M) – Performance did not meet some contractual requirements; serious problems with contractor performance were experienced for which contractor has either not yet identified corrective actions or the corrective actions taken appear only marginally effective.

Unacceptable (U) – Performance did not meet most contractual requirements; serious problems with contractor performance were experienced for which corrective actions were ineffective.

N/A - Not applicable because it was not a requirement, never an issue, or there is no knowledge of the item in question.

NOTE: For statements indicating “Outstanding” “Marginal” or “Unsatisfactory” please provide an explanation in the comments section of the survey.

CONTRACTOR PERFORMANCE EVALUATION SURVEY

Performance Tasks

N/A

U

M

A

G

O

A. QUALITY OF SERVICE:

(1) The contractor conducted regulated services IAW federal, state and local laws and regulations.

(2) Contractor’s ability to provide services at multiple sites simultaneously.

(3) The contractor’s ability to provide contingency support due to environmental conditions (inclement weather, natural disaster, etc.) or manmade disasters (terrorism, explosions).

(4) The contractor’s ability to handle critical or sensitive requirements.

B. RECRUITMENT/ RETENTION:

The contractor demonstrated the ability to actively and successfully recruit qualified personnel.

C. TIMELINESS/ SCHEDULE:

(1) Contractor performed services according to schedule.

(2) Contractor responded to unscheduled services according to established response times.

(3) Contractor invoiced timely.

D. BUSINESS RELATIONSHIPS:

(1) Contractor demonstrated an overall effective management effort.

(2) Contractor maintained an open line of communication so that the Contracting Officer’s Representative (COR) or Contracting Officer was apprised of technical, cost, and schedule issues.

(3) Contractor presented information and correspondence in a clear, concise, and business-like manner.

(4) Contractor promptly notified the COR and/or Contracting Officer in a timely manner regarding urgent issues.

E. CUSTOMER SATISFACTION:

(1) The services provided adequately met the needs of the contract.

(2) The Contractor was able to perform with minimal or no direction from the COR.

F. OVERALL CONTRACT PERFORMANCE:

Considering all areas of this survey, how would you rate the contractor for their overall contract performance?

OTHER:

(1) Would you award this firm another contract? ( ) Yes ( ) No

If you answered “No” provide an explanation:

(2) Was the contract terminated for default? ( ) Yes ( ) No

If you answered “Yes”, provide an explanation:

(3) Has the Contractor received a cure notice, show cause notice, ( ) Yes ( ) No suspension of progress payments, etc.?

If you answered “Yes”, provide an explanation:

COMMENTS: (Required for ALL Outstanding, Marginal and Unsatisfactory Ratings)

(End of Past Performance Evaluation Questionnaire)

Name:________________________

Title: _________________________ signature: ______________________