Amend 0004 - SIR Section L Red Line.docx

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

3.1-1 Clauses Incorporated by Reference (July 2011)

This Screening Information Request (SIR) or solicitation, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make the full text available or Offerors may also obtain the full text via the Internet at http://conwrite.faa.gov (on this web page, select "Search and View Clauses", then “Download All Clauses”).

CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT

3.2.2.3-20 Offers (January 2018)

(a) The Offeror (you) must submit responses to this SIR by the following electronic means: See Section L.3, Time, Date, Place and Submission of Proposals. Your offer must arrive at the place and by the time specified in the SIR.

(b) Such offers must refer to this SIR and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.

(c) We may decline to consider offers that do not include required information, or that reject any of the terms, conditions and provisions of the SIR.

(d) Send your offer to: See Section L.3, Time, Date, Place and Submission of Proposals.

(e) We will not be responsible for any failure attributable to transmitting or receiving the offer, unless it falls under section (a) of AMS provision 3.2.2.3-14 "Late Submissions, Modifications, and Withdrawals of Submittals".

(End of provision)

3.2.2.3-22 Period for Acceptance of Offer (October 2014)

The offeror (you) agrees if this offer is accepted within 180 calendar days from the date the SIR specifies for receiving offers, to provide all items for which you offer prices at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

3.2.4-1 Type of Contract (April 1996)

The FAA contemplates award of a Firm Fixed Price (FFP) contract resulting from this Screening Information Request.

3.6.1-17 North American Industry Classification System (NAICS) Code (January 2016)

The North American Industry Classification System (NAICS) code for this procurement is:

334418.

For NAICS codes based on annual receipts, the annual average receipts for the last three fiscal years cannot exceed N/A.

For NAICS codes based on the number of employees, the average number of employees over the last twelve-month period cannot exceed 750 employees.

The Government has determined this requirement is a Small Business set-aside. For proposal evaluation purposes, the FAA will determine whether or not an Offeror qualifies as a small business based upon the individual business declaration form submitted by the Offeror as part of the proposal. Offerors will have to qualify as a small business as of the projected award date of this SIR.

3.9.1-3 Protest (October 2011)

AS A CONDITION OF SUBMITTING AN OFFER OR RESPONSE TO THIS SIR (OR OTHER SOLICITATION, IF APPROPRIATE), THE OFFEROR OR POTENTIAL OFFEROR AGREES TO BE BOUND BY THE FOLLOWING PROVISIONS RELATING TO PROTESTS:

(a) Protests concerning Federal Aviation Administration Screening Information Requests (SIRs) or awards of contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted.

(b) Offerors initially should attempt to resolve any issues concerning potential protests with the Contracting Officer. The Contracting Officer should make reasonable efforts to answer questions promptly and completely, and, where possible, to resolve concerns or controversies. The protest time limitations, however, will not be extended by attempts to resolve a potential protest with the Contracting Officer.

(c) The filing of a protest with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile or if permitted by order of the ODRA, by electronic filing. A protest is considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.

(d) Only an interested party may file a protest. An interested party is one whose direct economic interest has been or would be affected by the award or failure to award an FAA contract. Proposed subcontractors are not "interested parties" within this definition.

(e) A written protest must be filed with the ODRA within the times set forth below, or the protest shall be dismissed as untimely:

(1) Protests based upon alleged improprieties in a solicitation or a SIR that are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for the receipt of initial proposals.

(2) In procurements where proposals are requested, alleged improprieties that do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, must be protested not later than the next closing time for receipt of proposals following the incorporation.

(3) For protests other than those related to alleged solicitation improprieties, the protest must be filed on the later of the following two dates:

(i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or

(ii) If the protester has requested a post-award debriefing from the FAA Product Team, not later than five (5) business days after the date on which the Product Team holds that debriefing.

(f) Protests shall be filed at:

(1) Office of Dispute Resolution for Acquisition

Federal Aviation Administration 800 Independence Ave., S.W.

Room 323 Washington, DC 20591 Telephone: (202) 267-3290 Facsimile: (202) 267-3720; or

(2) Other address as specified in 14 CFR Part 17.

(g) At the same time as filing the protest with the ODRA, the protester shall serve a copy of the protest on the Contracting Officer and any other official designated in the SIR for receipt of protests by means reasonably calculated to be received by the Contracting Officer on the same day as it is to be received by the ODRA. The protest shall include a signed statement from the protester, certifying to the ODRA the manner of service, date, and time when a copy of the protest was served on the Contracting Officer and other designated official(s).

(h) Additional information and guidance about the ODRA dispute resolution process for protests can be found on the ODRA Website at http://www.faa.gov.

TIME, DATE, PLACE, AND SUBMISSION OF PROPOSALS

The following information applies for the time, date, place and submission of proposals:

(a) TIME AND DATE: Proposals must be received by the Contracting Officer at the address identified below no later than 2 p.m. ESTEDT on September 5October 15, 2018.

(b) MAILING/DELIVERY ADDRESS: Proposals must emailed to Patrick Weare at HYPERLINK "mailto:patrick.weare@faa.gov" patrick.weare@faa.gov and Haynes Thompson at haynes.thompson@faa.gov.

(c) ELECTRONIC COPIES: Electronic files must be emailed for each proposal volume and attachments. It is recommended that files be zipped to help ensure on-time delivery and acceptance.

(d) QUESTIONS: Any questions or requests for clarifications concerning any aspect of the SIR must be prepared in writing and submitted to the Contracting Officer via email to Patrick Weare and Haynes Thompson (email addresses in L.3 (b)) no later than 2 p.m. EST on August 22, 2018. Verbal communication will not be entertained. Questions must reference the applicable page number, section, and paragraph of the SIR. Offerors’ questions and the responses by the Federal Aviation Administration (FAA) may form the basis of an amendment to the SIR.

(e) PROPOSAL SUBMISSION: Offerors assume full responsibility for ensuring that proposals are received by the date and time specified above.

EXPENSES RELATED TO OFFEROR SUBMISSIONS

The FAA is not responsible for, and will not pay or reimburse, any costs incurred by the Offerors in the development or submission of any aspect of their proposals under this SIR. This includes any costs associated with the following:

(a) Any aspect of the proposal activity.

(b) Research, studies, or designs conducted for the purpose of incorporation into any part of the proposal.

(c) Acquiring or contracting for any services or products relating to the offer under this SIR.

AWARD SELECTION

The FAA intends to select one Offeror for contract award, but reserves the right to not make an award if such action is in its best interest.

DETERMINATION OF RESPONSIBILITY

To be eligible for award, an Offeror must be determined by the Contracting Officer to be a responsible contractor in accordance with the FAA Acquisition Management System (AMS), Section 3.2.2.7 – Contractor Qualifications. The FAA will consider the elements identified below to determine a potential contractor’s responsibility. Offerors must provide substantiating information to support their assertions as described below. Failure to provide the requested information with the proposal submission will eliminate the Offeror from consideration for award.

A responsible contractor:

(1) Has or can obtain adequate financial resources to perform a contract (e.g., balance sheet, income statement for the past three years);

(2) Has the ability to meet any required or proposed delivery schedules (e.g., listing of contracts or subcontracts performed during the past three years stating required and actual delivery dates);

(3) Has a satisfactory performance history (refer to #2);

(4) Has a record of integrity and proper business ethics; and

(5) Is qualified and eligible to receive an award under applicable laws or regulations.

In the event an Offeror is deemed non-responsible, that Offeror will be notified and removed from participation in this procurement.

COMMUNICATIONS WITH OFFERORS AFTER CLOSING DATE OF SIR

Communications with potential Offerors may take place throughout the evaluation process. Any information obtained during communications may be used to clarify, substantiate, or validate information provided in an Offeror’s proposal. Offerors should not assume that they will be contacted or afforded an opportunity to clarify or discuss their proposals. Therefore, Offerors are instructed to submit proposals with the most favorable terms possible regarding all evaluation factors.

Certain topics of communication may necessitate amendments to the SIR. If this is the case, all competing Offerors will be advised of the changes via amendments to the SIR, and the Contracting Officer will establish common cut-off dates for any and all resulting Offeror revisions should any be requested. Any communications with one Offeror that could pertain to other Offerors, or which could provide information useful to all, will be communicated to all Offerors.

The FAA may hold one-on-one meetings with individual Offerors and one-on-one communications may continue throughout the process, as required, at the FAA’s discretion. Communications with one Offeror does not necessitate communications with other Offerors.

NON-GOVERNMENT PERSONNEL PARTICIPATION

Offerors are notified that the FAA may have any written proposals or other written information provided in response to this acquisition reviewed by personnel from various support contractors who may serve as advisors, Subject Matter Experts (SME) or as evaluators for the FAA during the evaluation phase of this acquisition. All non-Government personnel will have signed non-disclosure and no conflict-of-interest statements before the evaluation process begins. The exclusive responsibility for source selection will remain with the FAA.

The following companies may be utilized as participants in this process:

· Constellation Aviation Solutions LLC

· Regulus Group

· Grant Thornton LLP

EVALUATION PROCESS

During the evaluation process, the FAA will evaluate each Offeror’s proposal. The FAA will evaluate each Offeror’s capability to perform the effort required by this SIR, as provided by the Offeror in the following proposal volumes:

1. Technical Approach (Volume I)

2. Past Performance (Volume II)

3. Price Proposal (Volume III)

4. Other Documentation (Volume IV)

The completion and submission to the FAA of Volumes I-IV inclusive of all supporting documents, appendices and attachments, constitutes an offer and will indicate the Offeror’s unconditional acceptance of the terms and conditions in this SIR.

INITIAL COMPLIANCE REVIEW

The FAA Contracting Officer will perform an initial review of all proposals to ensure completeness, response to all factors and adherence to Section L of the solicitation. Those proposals that do not meet the SIR requirements may be rejected.

INFORMATION OF AWARD

Written notice to unsuccessful Offerors and contract award information will be promptly provided upon contract award.

GENERAL SIR INSTRUCTIONS

Replies to this SIR must follow the outlines and instructions provided throughout Section L. In addressing the requirements of Section L, Offerors are instructed to ensure that all aspects of the evaluation factors in Section M are addressed.

Proposals should be specific enough to provide the FAA with all required information to evaluate the technical and financial ability of the Offeror to perform the SIR requirements. The proposal must not merely offer to perform work in accordance with the SOW, but must provide a detailed response of the actual approach and solution proposed. Proposals that repeat the information contained in the SOW without sufficient details or that use nonspecific phrases such as “in accordance with standard procedures” or “in accordance with well-known techniques” may be deemed unacceptable.

Omission of information may be considered grounds for eliminating a proposal from further consideration.

PROPOSAL ORGANIZATION

The Offeror’s proposal submission must consist of Volume I – Technical Approach Proposal, Volume II - Past Performance Proposal, Volume III– Price Proposal, and Volume IV – Other Documentation. The volumes must be organized as follows:

Page limit excludes supporting technical attachments and proof of certifications.

15 pages

Section I

SIR, Section K, Representations, Certifications and Other Statements of Offerors

Section III

Required Data for Determination of Responsibility Requirements

PRICE DATA

Care should be exercised to ensure that no price data of any kind is included in any proposal volume other than Volume III. Any proposal price information included elsewhere will be discarded.

PROPOSAL PREPARATION INSTRUCTIONS

Replies to this SIR must follow the outlines and instructions concerning the format given in this section, as well as other sections of Section L.

Format and Structure Proposals must comply with the following guidelines:

· Margins: 1” inch

· Spacing: Single-spaced

· Font: Times New Roman, 12 point. Text embedded within graphic, diagrams, or tables must not be smaller than 10 point.

· Cover Letter: Offerors must provide a digitally signed cover letter by an authorized company official that addresses all volumes.

· Glossary: Offerors must include a glossary of acronyms and abbreviations in each volume, with an explanation for each. The glossary must not be used to define techniques and approaches and will not be evaluated.

· Page Count: A table of contents, volume covers, cover letters, title pages, assigned appendices and glossary of acronyms or abbreviations will not count toward the page limit.

Electronic Copies of Proposals Offerors must email their files for Volumes I, II, III, and IV to the contracting officer identified in Section L.3. Offerors are instructed to ensure that the files submitted are “virus-free” prior to submission. Offerors’ electronic submittals must be compatible with the following equipment and software products:

· Microsoft Office 2016 (e.g., Excel, Word, PowerPoint)

· Adobe Acrobat Reader 11.0

The Offerors must submit any MS Excel spreadsheets in a format that allows formulas within the spreadsheets to be reviewed and manipulated.

Label Information with Restricted Disclosure Offerors who include information in their proposal that they do not want to disclose to the public or be used by the FAA, except for evaluation purposes, must mark the title page with the following footer:

This proposal includes information that must not be disclosed outside the FAA and its representatives and must not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal.

Offerors must mark each sheet of restricted data with the following footer: “Use or disclosure of information contained on this sheet is subject to the restriction on the title page of this proposal.” However, Offerors are warned that this restriction does not limit the FAA’s right to use the information if it is obtained from another source without restriction.

VOLUME I TECHNICAL APPROACH PROPOSAL

The Technical Approach Proposal must consist of the Offeror’s proposed approach for addressing the technical and support aspects of the acquisition. It should indicate the Offeror’s capabilities and the means to be used to satisfy the requirements of the SIR in its entirety. It will be evaluated in accordance with Section M and it should be specific and complete in detail. The proposal must provide a straightforward explanation of what it is the Offeror will do to satisfy all requirements of the SIR.

The Offeror must address the following in the technical section of their proposal:

a) Detailed description of approach for the design concept of a form, fit, function equivalent of the CMM CCA

b) Detailed description of the approach for manufacturing, production, and assembly of the CMM CCA

c) Approach to formulating design requirements and testing methodology for prototype, pre-production integration, and first article

d) Identification of the risks and proposed mitigation strategies to bring the CMM CA to a production configuration

The Offeror must also include the following as attachments to Volume I, Technical Proposal as specified below:

1. ISO 9001:2008 (Attachment 1) - Provide a current Proof of Quality Assurance Certificate applicable to ISO 9001:2008 held by the company and proposed subcontractorsfirm that will engage inperform the manufacturing. effort.

2. IPC-A-610 Class 3 (Attachment 2) - Provide certification(s) of a current IPC-A-610 Class 3 held by company and subcontractor personnelthe firm that will engage in manufacturing of the CMM CAA deliverable.

Note that failure to include Attachment 1 and Attachment 2 as part of Volume I will result in the Offeror being ineligible for contract award. If the certificate will expire during the period of performance of the contract, please provide in writing the Offeror’s plan to re-certify.

VOLUME IIIII PAST PERFORMANCE

Past Performance Descriptions

(a) The Offeror must use the format provided below for a minimum of three (3) programs where they can demonstrate the ability to manufacture the CMM CCAs. For one of the three examples, the offeror must include experience as a prime contractor, specific to reverse engineering FFF replacements of digital electronic circuits. Additionally, one of the examples may be when the offeror was a subcontractor. The Offeror must identify programs with characteristics strongly similar to CMM including dollar value, scope, complexity, and type of development effort, etc.

The submissions must be for contracts of recent experience – ongoing or completed within the past five (5) years. In the absence of relevant past performance as defined above, the Prime Offeror may submit three (3) recent past performance descriptions closest to the CMM Program requirements, as defined in this SIR.

It is not the responsibility of the FAA to search for information to correct problems in the past performance descriptions. The burden of providing thorough and complete past performance information remains with the Offeror.

(b) Each Offeror must provide a list of all contracts terminated (partial or complete) within the past three (3) years, and the basis for termination (convenience or default).

(c) The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References, other than those identified by the Offeror, may be contacted by the Government with the information received used in the evaluation of the Offeror's past performance.

(d) Specify, by name, any key personnel who you propose for the contract resulting from this SIR, who supported at least one of the referenced contract(s), and indicate their contractual role(s).

Past Performance Description Format The Offeror must submit the information defined in Sections I and II below for each past performance description.

I. Product or Program Description, Points of Contact and Key Personnel

· Company Name

· Company Role: Prime or Subcontractor

· Program Title

· Name of Customer

· Customer Address

· Reference: Telephone and Email of Contracting Officer and Program Manager that can be traced to the past performance survey

· Contract Number

· Contract Type(s)

· Period of Performance

· Contract Dollar Value

· Number of Systems (as applicable)

· Description of Effort: Describe the characteristics of the program that make it relevant for comparison with the CMM CCA SIR requirements, including products and services. Describe the scope, complexity and type of development, and production efforts. Be specific as to your company’s role and/or the role of Subcontractors. Describe other operational and technical aspects of this contractual effort considered unique or especially noteworthy, especially where these may be applicable to CMM. Describe accomplishments and benefits/value delivered to the Customer.

II. Contract Performance:

A. Quality

1. Describe operational or technical requirements, which were exceeded or not met, and the role these requirements played in the overall product or service

2. Of requirements satisfied, were they as originally specified or as subsequently changed?

3. Describe actions taken to exceed requirements or to remedy unmet requirements

4. Identify any engineering methods, tools and activities related to the above performance that will be used on the CCM CCA

5. Steps taken to correct and prevent performance problems

B. Timeliness

1. Original Completion Dates for Major Contract Milestones

2. (Current) Scheduled Completion Dates for Major Contract Milestones

3. Estimated or Actual Completion Dates for Major Contract Milestones

4. Number of Times Each Major Milestone changed and reason(s) for change(s)

5. Steps taken to correct and prevent delivery schedule problems C. Cost Control

1. Initial and Final Contract Value of Completed Contracts. If original contract value is different from final, please explain

2. For Ongoing Contracts: Current value and estimate at completion

3. Steps taken to correct and prevent cost/price problems

D. Administration

1. Describe all instances of contract non-compliance and the role this played in the overall product or service

2. Describe instances of good faith contract negotiation

3. Steps taken to verify accuracy and timeliness of administrative reports

4. Steps taken to correct and prevent contract administration problems

VOLUME IVIII PRICE PROPOSAL

Offerors must follow the instructions below when preparing Volume III, Price Proposal.

SECTION 1 – Contract Line Item Pricing The Offeror must complete Section B pricing for all CLINS. If a CLIN is listed, but the Offeror does not require that CLIN to be priced, the CLIN may be changed to not separately priced (“NSP”).”).

SECTION 2 Basis of Estimate (BOE)/Rationale for Pricing (All CLINs) The Offeror must provide a Basis of Estimate (BOE) which contains clear traceability between each BOE & CLIN. The BOE supporting data must explain what is included in the price of each CLIN and provide traceability between the priced CLINs and the technical approach. The BOE for each CLIN must contain sufficient detail to allow the evaluators to assess the reasonableness, balance, completeness, consistency, and traceability, as needed. The Offeror must clearly identify and explain any CLINs that have interdependencies with other CLINs.

Subcontractors Offerors must submit a listing of the proposed subcontractors showing (a) the supplier, (b) description of effort, (c) type of contract, and (d) price included in prime’s proposal to the FAA.

Assumptions, Estimating Methodology, Deviations, and Contingencies Offerors must provide an explanation of any assumptions, methodologies, deviations, contingencies or exceptions from the Price Proposal instructions provided in Section L. If exceptions are taken, the Offeror must list each exception, and provide the rationale for each exception. Each exception must be specifically related to a specific paragraph/section of the SIR.

VOLUME IV OTHER DOCUMENTATION

SIR, Section K, Representations, Certifications and Other Statements of Offerors (Volume IV, Section I) The Offeror must complete all Representations, Certifications, and Other Statements included in Section K of the SIR.

Completed SF-33 (Volume IV, Section II) This submission must include Standard Form 33, “Solicitation, Offer and Award” with blocks 12, 13, 14, 15A, 15B, 15C, 16, 17, and 18 completed; acknowledgement of any/all SIR amendments, by signature.

Required Data for Determination of Responsibility (Volume IV, Section III) The Offeror is required to submit a summary that clearly demonstrates the Offeror has met all the minimum determination of responsibility requirements defined in Section L.6.

In the event an Offeror is deemed non-responsible, that Offeror will be notified and eliminated from further consideration for award.

Business Declaration Form (Volume IV, Section IV) The Offeror must submit a complete Business Declaration Form (Attachment K-1).

DEBRIEFING OF UNSUCCESSFUL OFFERORS

Successful or unsuccessful Offerors may request a debriefing by providing a written request to the CO within three (3) working days of notification of award. Debriefing will be conducted only after completion of source selection activities and award of contract.

Debriefings are conducted with the goal of identifying to unsuccessful Offerors, areas where changes can be made to improve future source selection participation. To that end, source selection debriefing will be conducted with only one Offeror at a time.

Prior to and during the debrief, time will be provided for the Offeror to ask oral or written questions. Every effort will be made to answer all questions at the debriefing or as soon as feasible.

DISPOSITION OF UNSUCCESSFUL PROPOSALS

Proposals from unsuccessful Offerors will not be returned. The original proposal will be retained in the SIR file.

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