FCT Section L UPDATED 020824.pdf

SOURCE SELECTION SENSITIVE 693KA7-23-R-00003

SECTION L – AMENDMENT 0001

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-1 AMENDMENT 0001

L.1. Acquisition Management System (AMS) 3.1-1 Clauses and Provisions Incorporated by Reference (July 2019)

This Screening Information Request (SIR) or contract, 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 and contractors may obtain the full text via the internet at:

https://fast.faa.gov/contractclauses.cfm.

The following contract clause or clauses pertinent to this section are hereby incorporated by reference:

Clause

Number Clause Title/Date

3.2.2.3-1 False Statements in Offers (July 2004)

3.2.2.3-6 Submittals in the English Language (September 2020)

3.2.2.3-7 Submittals in U.S. Currency (September 2020)

3.2.2.3-11 Unnecessarily Elaborate Submittals (July 2004)

3.2.2.3-12 Amendments to Screening Information Requests (July 2004)

3.2.2.3-13 Submission of Information/Documentation/Offers (July 2004)

3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of Submittals (April 2018)

3.2.2.3-16 Restricting, Disclosing and Using Data (July 2004)

3.2.2.3-17 Preparing Offers (July 2004)

3.2.2.3-18 Prospective Offerors Requests for Explanations (March 2009)

3.2.2.3-19 Contract Award (July 2004)

3.2.2.3-31 Facilities Capital Cost of Money (July 2004)

3.6.2-7 Pre-award On-Site Equal Opportunity Compliance Review (July 2023) https://fast.faa.gov/contractclauses.cfm

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L.2. AMS Clauses and Provisions Incorporated in Full Text

L.2.1. 3.2.2.3-22 Period for Acceptance of Offer (October 2014)

The offeror (you) agrees if this offer is accepted within 365 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.

(End of provision)

L.2.2. AMS 3.2.2.3-15 Authorized Negotiators (July 2004)

The offeror states that the following persons are authorized to negotiate on your behalf with the

Federal Aviation Administration (FAA) in connection with this offer:

Name:________________________

Title:_________________________

Phone number:_________________

(End of provision)

L.2.3. AMS Clause 3.2.2.3-20 Offers (January 2018)

a) The offeror (you) must submit responses to this SIR by the following electronic means: See paragraph L.5.1. 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) See paragraph L.5.2 for offer submission requirements.

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)

L.2.4. AMS 3.2.4-1 Type of Contract (April 1996)

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

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(End of provision)

L.2.5. AMS 3.6.1-17 North American Industry Classification System (NAICS) Code

(October 2022)

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

488111 – Air Traffic Control.

The small business size standard as defined by the Small Business Administration (SBA) is the following:

For NAICS codes based on SBA’s calculation of annual receipts, the annual average receipts cannot exceed $35 million.

For NAICS codes based on the number of employees, the average number of employees over the last 24-month period cannot exceed N/A.

(End of provision)

L.2.6. AMS 3.9.1-3 Protest (January 2020)

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.

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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 in 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 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 business days after the date on which the Product Team holds that debriefing.

f) Protests shall be filed at:

1) For filing by hand delivery, courier or other form of in-person delivery:

Office of Dispute Resolution for Acquisition

Federal Aviation Administration

600 Independence Avenue SW., Room 2W100

Washington, DC 20591;

or

For filing by U.S. Mail:

Office of Dispute Resolution for Acquisition

Federal Aviation Administration

800 Independence Avenue SW

Washington, DC 20591

[Attention: AGC-70, Wilbur Wright Bldg. Room 2W100];

or

Telephone: (202) 267-3290

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Facsimile: (202) 267-3720

Alternate Facsimile: (202) 267-1293;

or

2) Other address as specified in Certification: Pilots, Flight Instructors, and Ground

Instructors (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.

(End of provision)

L.3. Expenses Related to Offeror Submissions

The Government is not responsible for and will not pay or reimburse any costs incurred by the offeror in the development, submission, or any other part of the offer under this SIR. This includes and is not limited to any costs to acquire or contract for any services or product relating to the offer under this SIR.

L.4. Communication with Offerors

All communications regarding responses to this SIR must be conducted through the FAA primary Point of Contact, at Christian.C.Lindsay@faa.gov.

L.5. Proposal Submission Instructions

L.5.1. Offeror KSN Site

Offerors must submit a request for the establishment of an Offeror-specific Knowledge Services

Network (KSN) site that will be used for the submission of proposals; submission of offeror questions; responses to questions, announcements, and notices from the Government; and exchanges of other source selection sensitive information as necessary. Each FAA Contract

Tower (FCT) Offeror must request the establishment of an offeror-specific KSN site using the instructions obtained by contacting FCT KSN administrator at 9-AJO-AJM3-FCT@faa.gov.

Each offeror may register for up to five user accounts.

Upon commencing registration, a system-generated acknowledgement of the FCT KSN Site

Access request will be e-mailed to the individual user. The e-mail acknowledgment will be the only communication until the FCT KSN Site is established. However, if a user does not receive an acknowledgment after three business days from the initial request, the user must resubmit its http://www.faa.gov/ mailto:Christian.C.Lindsay@faa.gov mailto:9-AJO-AJM3-FCT@faa.gov

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request and notify the CO, Chontice Boykin, at Chontice.Boykin@faa.gov as well as Christian

Lindsay at Christian.C.Lindsay@faa.gov. Offerors will be notified via electronic mail (e-mail) when its offeror-specific KSN site has been established.

Offerors are encouraged to register for their KSN site within 15 calendar days following release of the FCT SIR; however, due to the time required to establish an offeror-specific KSN site, the

FAA has established a registration cut-off date of 14 calendar days prior to submission of proposals. After that date, Offerors will be unable to request establishment of an offeror-specific

KSN site and unable to submit the required proposal materials.

Each offeror-specific KSN site strictly confidential and will not be accessible or visible to any party other than the offeror, the CO, and Government support staff.

L.5.2. Submission Requirements

Submission Cover Letter – Each offeror’s proposal submission and any subsequent amendments to the offer must include a cover letter signed by an offeror representative who is duly authorized to bind the offeror. In addition, the Submission Letter must explicitly identify the specific FCT areas as defined in Attachment J-1 FCT Site Specific Information for which the offeror is submitting an offer. If an offeror submits an offer for more than three areas in the

Continental United States (CONUS), the offeror must indicate its order of preference for award by the Area numbers proposed. If an offeror is determined to the be Best Value (as defined in paragraph M.3) for more than three FCT areas in the CONUS, the Government will consider the offeror’s order of preference, but is not bound to utilize the offeror’s order of preference in making the award decisions.

Proposal Submissions – All offeror proposal volumes submitted in response to the FCT SIR must be made via the offeror-specific KSN site. The proposal volumes to be submitted through the KSN are as follows:

Volume

Number Volume Title

I Minimum Qualifications

II Technical Proposal

III Management Proposal

IV Price Proposal

V Past Performance mailto:Chontice.Boykin@faa.gov

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VI Small Business Subcontracting Plan

VII Miscellaneous

General Instructions (All Volumes) – Proposals must be submitted no later than 2:00 PM

Eastern Time (ET) on March 7, 2024 via the offeror-specific KSN sites. Prior to the proposal submission date and time, Offerors may edit documents posted to their KSN site; however, at

2:00 PM ET on the submission date, all offeror KSN sites will be locked, and files will become final and read-only. The KSN will be unlocked as necessary to allow for subsequent submissions if requested by the Government.

With the exception of the Past Performance Survey responses that are submitted to the CO via e-mail, the FAA will not accept any submission made by facsimile, e-mail, or any other means. If the CO does not receive a complete proposal submission by the specified date and time through the FCT KSN site, it may not be evaluated.

L.6. Projected Source Selection Milestone Schedule

The following table represents the projected procurement schedule; it will be updated with any amendments affecting the dates.

Table L-1: Dates for Key Milestones

Activity/Milestone Date

SIR Release January 8, 2024

Due Date for any Offeror Questions, Concerns, Clarification requests, or

Discrepancies pertaining to the SIR

14 calendar days after SIR release

Cut-Off for KSN Registration 30 calendar days after SIR release

Offeror Proposals Due 60 calendar days after SIR release

Estimated Contract Award Date 6 months after receipt of proposals

L.7. General Proposal Preparation Instructions

a) Proposals must comply with all instructions in Section L. Incomplete proposals or proposals that contain significant deviations from the proposal submission instructions may be excluded from further consideration. General statements that the offeror understands the

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requirements of the work to be performed or simple rephrasing or restating of the FAA’s requirements without further substantiation will be considered unsupported, may result in lower evaluation ratings, and may be cause for rejection of the proposal.

b) Any trade secrets, copyright data, or financial information that the offeror or proposed subcontractors do not want disclosed for any purpose other than the evaluation of the proposal must be marked in accordance with AMS Clause 3.2.2.3-16, Restricting, Disclosing and Using Data (July 2004).

c) Electronic proposals – Each electronic proposal volume must contain all offeror submissions pertaining to that volume unless instructed otherwise. Each volume must include a title page that clearly identifies the volume number, solicitation number, and offeror’s name, an electronic table of contents, list of figures, list of tables, and a list of acronyms. Each proposal volume must be submitted as one or more separate files depending on the size.

Individual files must not exceed 30 megabytes (MB) in size. If a particular proposal volume is submitted as multiple files, the offeror must label the individual files accordingly, e.g., “Part 2 of 5.”

Electronic files must be submitted in formats compatible with Microsoft Office Professional

2016. Supporting financial information for a responsibility determination such as financial statements may be submitted in Adobe PDF format only.

Offerors must not submit any electronic files that have been compressed into .zip or similar file-compression programs.

Electronic proposal files must adhere to the following file naming convention:

“[Offeror Name]_FCT Proposal_Volume [#]_[Volume Name]_[Part x of y]”

Example: ABC Company_FCT Proposal_Volume I_Technical Proposal_Part 1 of 2

Updates or revisions to proposal volumes must be identified as such in the file names, e.g.

Rev 1. “Part x of y” may be omitted from the file name if the volume is being submitted as a single electronic file.

d) The FAA reserves the right to reject any proposal failing to comply with the requirements of this section.

e) Each offeror’s proposal must conform to the page-limit, formatting, naming, and other requirements specified in Table L-2 below.

f) A page is defined as each face of a sheet of paper containing information when printed from the electronic file. Page size must be 8.5 x 11 inches. The font for graphics, illustrations, and charts must be 8pt or larger. The offeror may use oversize pages (which must be 17 x 11 inches, when used) where appropriate to contain complex or extensive graphic presentations.

Oversize pages count as two pages and margin and font size requirements apply to all

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oversize pages. When both sides of a sheet display printed material, it is counted as two pages.

The font used for text must be 12-point Times New Roman. Top, bottom, left, and right margins must be no less than 1.0 inch. Margin requirements also apply to oversize pages. The proposal pages for each volume must be numbered sequentially. Any items embedded within a document must be objects only, not links.

g) Proposal submissions must not exceed any page limitations established for the individual volumes. Any volume submission exceeding a page limitation will only be evaluated up to the established page limitation.

Table L-2: Proposal Volume Requirements

Volume

Number Volume/Section Title Page Limit

N/A Submission Cover Letter 2

I Minimum Qualifications 15

II Technical Proposal 100*

Appendix A: Staffing Plan

Appendix B: Facility Training Plan

Appendix C: Quality Control Program Plan

Appendix D: Phase-In Plan

Appendix E: Safety Management System

Implementation Plan

III Management Proposal 30

Appendix A: Key Personnel Resumes and

Letters of Commitment

2 pages per resume

1 page per letter of commitment

IV Price Proposal No page limit

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Volume

Number Volume/Section Title Page Limit

V Past Performance

Part A – Past Performance References

2 pages per each proposed Past

Performance Reference

Part B – Past-Performance Surveys No page limit**

VI Small Business Subcontracting Plan

(Large Businesses only)

No page limit

VII Miscellaneous No page limit

*Excludes Sample Shift Schedules and Leave Coverage

**Past Performance Survey Responses (Attachment L-1, Part B) completed by customer points of contact are not subject to a page limitation.

h) Alternate proposals are not authorized to be submitted in response to this SIR and will not be evaluated. Therefore, any exception to any of the terms and conditions of the SIR may make the offer unacceptable. Therefore, Offerors are cautioned to consult with the CO before submitting any offer that takes exception to any term or condition of the SIR.

L.8. Detailed Proposal Preparation Instructions

The following sections provided detailed instructions for the preparation of each proposal volume.

L.8.1. Volume I – Minimum Qualifications

Each offeror must provide detailed documentation to demonstrate that it meets the following minimum qualifications:

1. A minimum of three years of experience as an operating business entity.

2. A minimum of three years of experience in providing administrative and operational support to personnel working at geographically separated locations.

3. A minimum of three years of experience in providing air traffic control services.

Claiming to possess specific experience is not sufficient; Offerors must provide explicit substantiation of the required experience. Proposal Volumes II through VII will not be reviewed or evaluated (as applicable) for Offerors that fail to demonstrate they meet the minimum qualification requirements.

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L.8.2. Volume II – Technical Proposal

Each offeror must submit a Technical Proposal that addresses the following two sub-factors and the associated elements.

L.8.2.1. Sub-factor 1.1 – Staffing Approach

The Government will assess key elements of each offeror’s proposed Staffing Approach under

Sub-factor 1.1.

L.8.2.1.1. Element 1.1.1 – Staffing Plan

Each offeror must submit a draft of its proposed Staffing Plan in accordance with the Data Item

Description (DID) requirements in Attachment J-7 for CDRL F003.

The draft Staffing Plan must identify the proposed number of employees per labor category to meet the ATC requirements at each FCT location within the proposed FCT areas.

The draft Staffing Plan must address how the offeror will accommodate fluctuations in the availability of its ATC staff.

L.8.2.1.2. Element 1.1.2 – Shift Schedule

• Each offeror must submit a proposed Shift Schedule to meet the required hours of operation per Attachment J-1, Site Specific Information, at each FCT location within the proposed FCT areas.

• Each offeror must describe how its proposed Shift Schedule will provide sufficient staff coverage to support the ATC traffic patterns and workload of the FCT locations within the proposed FCT areas.

L.8.2.1.3. Element 1.1.3 – Leave Coverage

• Each offeror must describe how its proposed staffing approach will provide sufficient staffing coverage to allow its ATC staff to take leave as needed without disrupting ATC services at the FCT locations within the proposed FCT areas.

• Each offeror must describe how its proposed approach to providing leave coverage is consistent with its proposed Staffing Plan.

L.8.2.2. Sub-factor 1.2 – Technical Implementation Plans

Sub-factor 1.2 focuses on four plans collectively referred to as “Technical Implementation

Plans” that are essential to successful contractor performance.

L.8.2.2.1. Element 1.2.1 – Facility Training Plan

• Each offeror must submit a draft of its proposed Facility Training Plan in accordance with the DID requirements in Attachment J-7 for CDRL F004.

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• Each offeror must describe how its proposed Facility Training Plan provides a sound and effective approach to addressing the requirements in paragraph C.4.5.2.

• Each offeror must describe how its proposed Facility Training Plan addresses the various types of training required, the certification process, and applicable FAA documents, directives and regulations.

• Each offeror must describe how its proposed Facility Training Plan addresses the training employees with different qualifications.

L.8.2.2.2. Element 1.2.2 – Quality Control Program Plan

• Each offeror must submit a draft of its proposed Quality Control Program Plan in accordance with the DID requirements in Attachment J-7 for CDRL F005.

• Each offeror must describe how its proposed Quality Control Program Plan provides a sound and effective approach to addressing the requirements in paragraph C.4.5.3.

• Each offeror must describe how its proposed Quality Control Program Plan provides sound strategies for operational accident/incident prevention and education.

• Each offeror must describe its understanding of the various types of operational incidents and the operation of recording/playback equipment.

• Each offeror must describe its understanding of FAA Quality Control reporting requirements.

L.8.2.2.3. Element 1.2.3 – Phase-in Plan

• Each offeror must submit a draft of its proposed Phase-in Plan in accordance with the DID requirements in Attachment J-7 for CDRL F001.

• Each offeror must describe how its proposed Phase-in Plan provides a sound and effective approach to addressing the requirements in paragraph C.4.1.

• Each offeror must describe how its proposed Phase-in Plan will ensure a timely, effective, and safe transition of ATC operations to the newly awarded FCT contract.

L.8.2.2.4. Element 1.2.4 – Safety Management System Implementation Plan

• Each offeror must submit a draft of its proposed Safety Management System (SMS)

Implementation Plan in accordance with the DID requirements in Attachment J-7 for CDRL

F006.

• Each offeror must describe how its proposed Safety Management System Implementation

Plan provides a sound and effective approach to addressing the requirements in paragraph

C.4.5.4.

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• Each offeror’s proposed Safety Management System Implementation Plan must describe its approach for conducting Safety Risk Management (SRMs), preparing SMS documentation, and coordinating with the Government.

In the five instances above in which Offerors are required to provide drafts of contractual deliverables that will be formally submitted after contract award for Government approval, the drafts included in the FCT proposal submission must comply with the page limitations defined in

Table L-2.

L.8.3. Volume III – Management Proposal

Each offeror must submit a Management Proposal that addresses the following two sub-factors.

L.8.3.1. Sub-factor 2.1 – Management Approach

• Each offeror must describe its proposed organizational structure and how it will support successful contract performance and ensure effective management of the offeror’s efforts on the FCT program.

• Each offeror must describe its hiring and retention approach with respect to how it will ensure recruitment, staffing, and retention of qualified personnel and ensures effective, efficient, and quality performance throughout the contract period of performance.

• Each offeror must indicate whether it intends to apply any recruitment and hiring measures specific to contract start-up and phase-in, including a projection of when it will be fully staffed at all FCT locations in the areas proposed.

• Each offeror must describe how its proposed organizational structure for the FCT contract will enable clear lines of communication within the offeror’s team, between Offeror and

FAA, and with external stakeholders.

L.8.3.2. Sub-factor 2.2 – Management Team and Key Personnel

• Each offeror must describe how its key personnel meet the qualification requirements contained in paragraph H.1.3.

• Each offeror must describe the experience and capabilities of its proposed management team to efficiently and effectively manage air traffic at each FCT in the proposed FCT areas.

L.8.3.3. Appendix A – Key Personnel Resumes and Letters of Commitment

Each offeror must submit a separate appendix to its Management Proposal, labeled “Appendix

A,” that contains a resume and letter of commitment for each individual proposed for a Key

Personnel role, as defined in paragraph H.1.3. Each resume must provide a summary of the individual’s complete professional employment history and describe their qualifications to perform the role for which they are proposed. Each letter of commitment must be signed and dated by the Key Person and contain a commitment, barring termination of employment, to work

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full-time on the FCT contract for the first 12 months of the contract period of performance, as required by paragraph H.1.3.

L.8.4. Volume IV – Price Proposal

L.8.4.1. General

Each offeror must submit a comprehensive set of pricing data in its Price Proposal that addresses all the required services and deliverables identified in the FCT Statement of Work (Section C).

Pricing data must not be included in any other volume; if it is, the proposal may be excluded from the evaluation.

The Government anticipates that adequate price competition will exist, so Offerors are not required to submit certified cost and pricing data with their proposals. The Government anticipates that the data required by this SIR will be adequate for its price evaluation; however, the Government reserves the right to request additional information other than certified cost and pricing data if needed to determine the fairness and reasonableness of proposed prices.

L.8.4.2. Price Proposal Bid Model

Each offeror must submit a completed Price Proposal Bid Model (attachments L-2.1 through L-

2.10) that contains proposed prices for each contract year across the base period and all option periods. Instructions for populating the Price Proposal Bid Model are provided in FCT Price

Proposal Bid Model User Instructions (Attachment L-2).

As explained in Attachment L-2, each offeror must provide the required inputs for the calculation of the Total Evaluated Price (TEP). Failure to submit a fully populated FCT Price

Proposal Bid Model may result in an offeror’s proposal being rejected and the offeror not being eligible for a contract award.

L.8.4.3. Pricing Narrative

Each offeror must submit a Pricing Narrative with its offer that:

• Documents all assumptions that prices are dependent upon.

• Identifies and provides justification for all pricing that is above the Wage Determinations, Collective Bargaining Agreements, and any other similar agreements upon which underlying labor rates are based.

• Provides rationale and supporting data for proposed labor rates including indirect rates, the basis of the base labor rates, profit, and overhead, including any forward pricing rate proposals, recommendations, or agreements to support the proposed indirect rates.

• In accordance with the AMS Clause 3.6.2-30 Fair Labor Standards Act and Service Contract

Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (July 2023), the offeror must not include any allowance for any contingency to cover increased cost for direct

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labor provided. Escalation may be applied to direct or indirect rates not covered under this clause.

• Provides rationale for escalation of direct and/or indirect rates. Please note escalation of direct rates covered under the Fair Labor Standards and Service Contract Act applicable wage determination rate is not allowed.

L.8.4.4. Other Pricing Information

Each offeror may submit any additional data, supporting schedules, Defense Contract Audit

Agency (DCAA) audits or substantiation that may facilitate the Government’s evaluation of its proposal.

L.8.5. Volume V – Past Performance

The Past Performance Volume submission consists of two parts:

Part A – Consists of a Past Performance Summary for up to three Past Performance

References provided by the offeror as part of its proposal submission. The Past

Performance References must meet the Pre-conditions and Applicability Criteria defined in Section M, Evaluation Factors for Award, paragraph M.7.5.3.

Part B – Consists of customer responses to the Past Performance Survey. The points of contact identified by the offeror in Volume V, Part A must submit the survey responses to the FCT CO. The past performance summaries and surveys must correspond to the Past

Performance References identified by the offeror in Volume V, Part A.

L.8.5.1. Part A – Past Performance Summaries

Each offeror must identify up to three (and no more than three) previous or ongoing Past

Performance References that are both relevant and recent, as defined in paragraph M.7.5.3. The offeror must complete every field in Attachment L-1, Part A.

L.8.5.2. Part B – Past Performance Surveys and Customer Responses

Each offeror must complete Block 1, “Offeror Information,” of the Past Performance Survey form and then provide it to two customer points of contact for each Past Performance Reference and ask them to complete the survey portion. If a Past Performance Reference is for work performed under a Federal Government contract, the customer points of contact must be the CO and a member of the program staff for the work effort. The program staff points of contact must be individuals with firsthand knowledge of the offeror’s performance, such as a Contracting

Officer’s Representative (COR) or Program Manager (PM). For past performance under other contracts, such as commercial contracts, the Past Performance Survey must be provided to individuals with duties similar to those of the Government CO and COR/PM.

Each Point of Contact must rate the Offeror’s performance under the referenced contract in terms of quality of service, overall customer satisfaction, cost control, timeliness of performance, business relations and safety record as detailed on the form. Each customer Point of Contact

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must e-mail the completed survey to the CO at the e-mail address listed in paragraph L.5.1. The e-mail submissions must be sent from the Government or corporate e-mail addresses of the points of contact. The CO must receive the completed surveys no later than the proposal submission date and time listed in paragraph L.5.2. It is the responsibility of Offerors to follow-up with customer Point of Contact to ensure they submit the completed surveys by the submission deadline.

L.8.6. Volume VI – Small Business Subcontracting Plan

The FAA is committed to assuring that, to the maximum extent practicable, opportunity is provided to Small Business concerns to participate in the performance of this contract, consistent with efficient performance. A subcontracting plan is required from all Offerors except for offeror who do not plan to subcontract any portion of the work effort and Offerors who are Small

Businesses relative to the NAICS code identified in paragraph L.2.5. Offerors that do not meet this exception must provide a detailed subcontracting plan that fulfills all requirements contained within AMS Clause 3.6.1-4, Small Business Subcontracting Plan (October 2022). The FAA has established the following minimum subcontracting goal for the FCT program:

• At least five (5) percent or more of the planned subcontract dollar value shall be allocated to Small businesses including the following: Small Business concerns, Small

Disadvantage Business concerns, Women-Owned Small Business concerns and Service

Disabled Veteran Owned Small Business concerns.

The Subcontracting Plan must identify the percentage of the planned subcontract dollar value allocated to Small Businesses by type (e.g., woman-owned, veteran-owned, etc.) and the names of the subcontractors. If a particular subcontractor’s role is limited to only a portion of the contract duration, the Subcontracting Plan must address changes over time and demonstrate how subcontracting goals will be met for the life of the contract.

Offerors that are required to submit a Small Business Subcontracting Plan and fail to submit an acceptable subcontracting plan may be ineligible for award.

L.8.7. Volume VII – Miscellaneous

The following items must be included in Volume VII:

1) Contract Section A, "Solicitation / Award”

Provide a completed Contract Section A, "Solicitation / Award,” with Blocks 10, 12, 14, 20, 21, & 26 completed by the offeror. The representative who signs this form must be authorized to contractually bind the company providing the offer. In Block 12, the offeror must provide the Data Universal Numbering System (DUNS) number applicable to the offeror.

2) Representations and Certifications

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The offeror must complete and submit all Representations and Certifications included in

Section I, Contract Clauses, and Section K, Representations and Instructions.

3) Responsibility Information

The offeror must submit sufficient information to demonstrate its responsibility and capability to perform a contract of this size and duration. This information must include the following:

• A Dun and Bradstreet Comprehensive Report (CR) for the offeror dated no earlier than six months prior to the proposal submission date;

• Financial Statements (Balance Sheet, Income Statement, and Statement of Cash Flow) for the Offeror for the last three (3) completed company fiscal years, as of the most recent fiscal year. If audited, the auditor’s report and notes to the financial statements must be included.

• Proof of the Offeror’s ability to cover payroll and other operating and administrative expenses to accommodate Government "in arrears" payments for work performed for periods up to ninety days for large business Offerors and forty-five days for Small

Business Offerors. The amount of money required to cover expenses needs to be sufficient enough to cover the top three (3) areas that the offeror is bidding on.

• For all Offerors and team members: a description of all current or pending contract disputes and legal actions in excess of $5M associated with or under Federal, State, Local, or Foreign Government contracts initiated, ongoing, or completed within the three years preceding the initial release of this SIR, including but not limited to requests for equitable adjustments, claims, cure notices, terminations for convenience, and terminations for default.

• Identify if any member on your team has been placed on the Excluded Parties List

System (EPLS) due to being debarred, suspended, proposed for debarment, or otherwise declared ineligible from receiving Federal contracts, certain subcontracts, and certain

Federal assistance and benefits within the last three (3) years. Describe the circumstances surrounding the company being placed on the list.

Additionally, in order for the FAA to perform an analysis to determine Offeror’s responsibility, the Offeror must submit the following information:

1) Have adequate financial resources to perform the contract or the ability to obtain them,

2) Be able to comply with the required delivery or performance schedule,

3) Have a satisfactory performance record,

4) Have a satisfactory record of integrity and business ethics, L-18 AMENDMENT 0001

5) Have appropriate accounting and operational controls that include, as applicable, but are not limited to, production control, property control systems, quality assurance programs, and appropriate safety programs,

6) Have the necessary organization, experience, and technical skills, or the ability to obtain them,

7) Have the necessary facilities or the ability to obtain them; and,

8) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

L.9. SIR Questions, Concerns, Clarifications, and Discrepancies

The FAA CO is the sole Government Point of Contact for this acquisition. Offerors must direct all questions, concerns, clarifications, and perceived discrepancies to the FAA CO at

Chontice.Boykin@faa.gov, as well as Christian.C.Lindsay@faa.gov. The due date for the submission of questions, concerns, clarifications, and possible discrepancies pertaining to the

FCT SIR is specified in Table L-1.

Inquiries received within the allowed timeframe will be answered in writing through the Offeror-specific KSN sites. The Government will provide the inquiries and answers to all Offerors, without attribution to the questioner, prior to the required date and time for submittal of the

Offeror proposals in Paragraph L.5.2. The Government will not respond to Offeror questions, concerns, clarification requests, and discrepancies submitted via any means other than through e-mail to the FAA CO.

If no discrepancies relative to the SIR instructions are noted by Offerors within the allowed timeframe, it will be determined that there are no discrepancies. If Offerors submit discrepancies that are subsequently affirmed by the Government, they will be corrected via an amendment to the SIR.

L.10. Non-Government Personnel Participation

Offerors are advised that individuals from support contractor organizations (including employees, consultants, and subcontractors) may support the evaluation of proposals. These organizations will not be eligible to participate on a FCT Offeror team. The FAA currently mailto:Chontice.Boykin@faa.gov.as

L-19 AMENDMENT 0001

intends for the following companies to participate in the evaluation, but reserves the right to include others:

Cavan Solutions Oasis Technology and Engineering

Crown Consulting, Inc. INCATech LLC

Concordant, LLC ITstrategy, Inc.

HETSR, LLC Objectstream, Inc.

Individuals employed by these firms will be required to sign Non-Disclosure Agreements

(NDAs) and certify that they have no Conflicts of Interest (COIs) relative to the Offeror teams.

Support contractor personnel will be authorized to access only those portions of the proposal data, communications, and evaluation materials that are necessary to enable them to provide the required support. If an Offeror objects to the disclosure of information to these non-Government entities, it must notify the CO in writing no later than 15 calendar days after SIR release and must include a detailed statement of the basis of the objection. The exclusive responsibility for source selection remains with the FAA.

L.11. Disposition of Proposals

Proposal files will not be returned, and a copy of each proposal will be retained in the official contract file.

End of Section L