693KA8-21-R-00008 SIR Section L.pdf

DTFAWA-21-R-00008

PART IV - SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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L.1 General Information All representations and certifications must be made in Section I and K by the Offeror and must be filled in as appropriate. The signature of the Offeror on the cover page of this Screening Information Request (SIR) (Standard Form 33) constitutes the making of the included representations and certifications, with the exception of the Federal Aviation Administration Acquisition Management System (AMS) Business Declaration Form, which is specifically required to be completed, signed, and submitted with offer. Award of any contract to the Offeror must be considered to have incorporated the applicable representations and certifications and the proposal will be considered a part of the contract.

L.1.1 Point of Contact The Contracting Officer (CO), identified in paragraph L.9, is the sole point of contact for this acquisition. All questions or concerns must be addressed to the CO.

L.1.2 Relationship Between Sections L and M Your attention is directed to the functional relationship between Sections L and M of this SIR.

Section L provides information for the purpose of organizing the proposal and is not intended to be all-inclusive. Section M describes evaluation factors for award. Since the Government evaluation of proposals will cover all areas identified in Section M, proposals should address all such areas for evaluation.

L.2 Information and Considerations Affecting Vendor Proposal Submissions

(a) This acquisition will involve the use of streamlined acquisition procedures employing best practices for competitive negotiated procurements as authorized by the Federal Aviation Administration Acquisition Management System (AMS).

(b) The procurement process will involve the evaluation of the technical and price proposals.

Evaluations involved will permit the FAA to make an award decision.

(c) This document constitutes a formal SIR for which an award may be made without further discussions or negotiations.

(d) The following table shows the projected schedule for this SIR:

Milestone SIR Release 07/12/2021 Questions Due From Industry 07/19/2021 Responses to Questions Released 07/26/2021 Proposal Submissions Due 08/15/2021 Contract Award 08/31/2021

L.3 Instructions for Preparation and Submission of Proposals

(a) The Offeror will submit information identified in the volumes as set forth below. The data submitted should be complete, concise, and relevant to the requirements of the SIR, and is required to be submitted in the prescribed formats subsequently identified herein.

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(b) The Offeror's proposal submission should be organized as follows:

VOLUME TITLE PAGE

LIMIT

VOL 1 OFFER, OTHER DOCUMENTS AND PRICING N/A

Part A Offer And Other Documents

Section 1 Solicitation Cover Page (and amendments if applicable) - signed by authorized representative of company

Section 2 SIR Section K - filled in completely and signed Section 3 Business Declaration Form - filled in completely and signed

Section 4 Responsible Prospective Contractor Part B Pricing Section 1 SIR Section B Input (to be incorporated into Contract Section B upon award)

Section 2 Pricing Methodology (narrative in Offeror’s format) VOL 2 TECHNICAL AND PAST PERFORMANCE 25 pages Technical and Past Performance Proposal

Section 1 Factor A: The contractor’s ability to provide all four of the requested INet training types as listed in the SOW.

Section 2 Factor B: The contractor’s past performance providing BAS INeT training to FAA personnel and or other government agencies of equal size and scope.

Section 3 Factor C: The contractor’s Courses are broken into four (4) separate curriculums. Contractor must provide a course syllabus and a summary for each of four curriculums.

Section 4 Factor D: The contractor’s ability to demonstrate understanding of the critical service the BAS INeT provides FAA and/or other government facilities.

Section 5 Factor E: Past Performance Evaluation for Relevancy and for FAA Confidence

* No reference to costs/prices should be made in Volume 2.

L.4 Legally Binding Proposals This SIR constitutes a formal document for which a contract award may be made without communications or negotiations. Offerors are instructed to comply with all terms and conditions contained in preparation of their proposals.

L.5 Proposal Presentation, Format, and Content

(a) Proposals are to be submitted electrically, via email in accordance with L.9 DATE, TIME AND

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EMAIL ADDRESS FOR SUBMISSION OF PROPOSALS.

(b) The first page of each volume submission should include the volume number, volume title, the solicitation number, and the Offeror's name.

(c) The proposal pages must be numbered sequentially. Font size must be 12, in Times New Roman font, with top and bottom margins equal to 1.0 inch, and left and right margins equal to 1.0 inch. The line spacing must be single spaced. The FAA may make black-and-white copies of Offerors' proposals for evaluation purposes.

(d) Each volume should be organized in such a way that an extensive search of Government-required documents is not necessary to review the proposal. Information not in its appropriate section and not appropriately referenced may be assumed to have been omitted.

(e) Any items embedded within a document should be objects only, not links.

(f) Proposals must contain comprehensive, concise, factual information, and complete and substantiated price data. Submittals must provide documentation to substantiate any statement of fact. General statements indicating that the Offeror understands the requirements of the work to be performed, or rephrasing or restating of the Government's requirements, will not be considered adequate. Similarly, submittals containing omissions or incomplete responses to the requirements of this SIR, or that merely paraphrase the Statement of Work (SOW), or that use nonspecific phrases such as “in accordance with standard procedures” or “well-known techniques,” will also be considered inadequate. Deficiencies of this kind may be cause for rejection of the offer.

Submissions that do not specifically address all specifications or requirements will not be evaluated. The information provided is assumed to be accurate and complete.

L.6 Requirement to Notify CO of Questions, Discrepancies, Exceptions, and Deviations Found in SIR or Made in Offeror’s Proposal The Contracting Officer (CO) is the sole point of contact for this acquisition. Offerors are instructed to direct questions, concerns, and requests for clarifications to the CO listed in Section L.9 of this SIR. All Offeror questions, concerns, and clarification requests specific to the SIR must be made in writing and submitted to the CO through email not later than 4:30 PM Eastern Daylight Time on July 19, 2021. Questions, concerns, and clarifications must make reference to the applicable SIR section, paragraph, and page number, as appropriate. Written inquiries received within this timeframe will be answered in writing and provided to all Offerors and posted to https://sam.gov/ prior to the required date for submittal of the Offeror proposals. The Government reserves the right to not answer any requests received outside of the above timeframe.

Furthermore, Offerors should note that the proposal due date will not be extended solely on the basis of questions received within or beyond the timeframe mentioned above. The Government will not provide verbal responses to Offeror questions, concerns, and clarification requests initiated via Offeror telephone calls.

In the SIR, if the Offeror believes that these Section L instructions contain an error, omission, or are otherwise not correct, the Offeror must immediately notify the CO in writing with supporting rationale. If discrepancies are not noted prior to Offer submission, then none are presumed to exist.

In addition, the Offeror is instructed to explicitly document all exceptions and deviations that it believes are contained in any part of the SIR, and to address them to the CO with supporting rationale.

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In the Offeror’s proposal, the Offeror must explicitly state all assumptions, exceptions, deviations, and contingencies made with respect to, or underlying the content, of the Offeror’s Proposal and include them in this part of Volume 1. Each assumption, exception, deviation, or contingency in an Offeror’s proposal must be mapped, or have a reference to, a specific paragraph/section of the SIR and the Offeror’s proposal.

L.7 Volume I – Offer, Other Documents and Pricing

(a) Volume 1, Part A must be submitted WITHOUT any reference to pricing information.

L.7.1 Volume 1, Part A – Offer and Other Documents

(a) Volume 1, Part A consists of the actual offer to enter into a contract to perform the desired work. It also includes required representations, certifications, other statements of the Offeror, and any other administrative information. The Offeror must provide within this volume a table of contents depicting what is contained in each of the volumes submitted in the Offeror's proposal, as well as a listing of all acronyms used and a glossary of terms.

L.7.1.1 Volume 1, Part A, Section 1 – Solicitation Cover Page

(a) The Offeror must have an official who is legally authorized to bind the Offeror to a contract sign the cover page, block 16. If issued, all solicitation amendments must be signed and submitted here.

(b) The cover page, titled “Solicitation, Offer, and Award,” blocks 11-17, are contractor fill-ins and are self-explanatory. In the block with its name and address, the Offeror should supply the Contractor Establishment Code applicable to that name and address. The number should be preceded by “CEC.” The Offeror should take care to report the correct CEC and not a similar number assigned to the Offeror in a different system. The CEC is a 9 digit code assigned to a contractor establishment which contracts with a Federal executive agency. The CEC system is a contractor identification coding system which is currently the Dunn and Bradstreet Data Universal Numbering System (DUNS). The CEC system is distinct from the Federal Taxpayer Identification Number (TIN) system.

L.7.1.2 Volume 1, Part A, Section 2 – SIR Section K, Representations, Certifications and Other Statements of Offeror The Offeror must complete Section K, Representations, Certifications, and Other Statements of Offeror, and include Section K in the offer.

L.7.1.3 Volume 1, Part A, Section 3 – Business Declaration Form The Offeror is required to completely fill out and sign the FAA Business Declaration Form FAA Template No. 61 (rev. 10/08) and include this form in the offer.

L.7.1.4 Volume 1, Part A, Section 4 – Responsible Prospective Contractor An Offeror must also be found responsible in accordance with FAA AMS Clause 3.2.2.2 prior to award of any contract. As a minimum, to be determined responsible, a prospective Offeror must:

(a) Have adequate financial resources to perform the contract and the ability to obtain resources;

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(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all other business commitments;

(c) Have a satisfactory record of integrity and business ethics;

(d) Have a satisfactory performance record; and

(e) Have the necessary organization, experience, accounting, and operational controls.

The Offeror must submit the following information:

a) Sufficient information to demonstrate the financial capability to fund and perform a contract of this size and duration. This includes:

• A Dun and Bradstreet Comprehensive Insight report;

• Proof of any existing Line(s) of Credit by a U.S. Banking Institution; and

• Certified Financial Statements that demonstrate the firm’s annual revenue for the last three (3) completed company fiscal years.

b) A description of all current or pending legal action(s) under Federal Government contracts within the past three (3) years in excess of $5M, claims, equitable adjustments, pending or ongoing cure notices, Terminations for Convenience, and/or Terminations for Default.

c) 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/individual being placed on the list.

L.7.2 Volume 1, Part B - Pricing

(a) Volume 1, Part B consists of SIR Section B and Price Narrative.

(b) This SIR is exempt from the submission of certified cost/pricing data; however, the FAA may use or request information other than certified cost or pricing data to support a determination of a fair and reasonable price in accordance with AMS Guidance T3.2.3.A.1.a.

L.7.2.1 Volume 1, Part B, Section 1 SIR Section B Input Offerors must complete Section B for the total scope of the program effort across the entire contract period of performance, for all CLINs which do not have an FAA Not-To-Exceed (NTE) value.

L.7.2.2 Volume 1, Part B, Section 2 – Price Narrative The Offeror must provide a narrative describing the rationale, methodology, and assumptions used to determine all proposed prices.

L.8 Volume 2 – Technical and Past Performance Proposal

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Volume 2 must be submitted WITHOUT any reference to pricing information and be limited to 25 pages. Not included in this limit are the three (3) projects submitted for each subcontractor using the form provided as Attachment L.1, discussed in section L.8.1(b) below. The three projects submitted by the prime contractor count against the 25 page limit.

Volume 2 Sections 1 through 4: These sections consist of information on the Offeror's INet Building Automation System (BAS) Training and the processes and procedures that will be implemented for the duration of the contract in accordance with the requirements set forth in Section C of this solicitation.

Volume 2 Section 5: This section consists of information on the Offeror's past performance and experience. (b) The Offeror must demonstrate relevant experience and past performance or affirmatively state that it possesses no relevant experience and past performance. Relevant experience and relevant past performance is experience and performance under current contracts or contracts within the past five years. The contracts cited must be similar or have a scope that is directly related in terms of magnitude and complexity to that described in the solicitation and as defined below. Projects of a shorter duration, or recently awarded, may be considered as slightly less relevant and/or presenting a higher performance risk given the shorter period of performance.

The Government will also consider the quality of the Offeror's past performance, as reflected in completed Attachment L.2.

The Offeror must complete up to three (3) Experience forms, Attachment L.1, that provide information on the projects/contracts that the Offeror believes are relevant to this solicitation.

Where subcontracting arrangements are proposed, an additional maximum of three (3) projects for each subcontractor may be submitted. Three (3) Experience forms must be submitted for the prime contractor. The maximum number of Experience forms for a single subcontractor is three (3).

Concurrent with the Experience form, the Offeror is to provide to each of the customers referenced

(c) corresponding Past Performance Questionnaire, Attachment L.2, to be completed by that customer and returned to the FAA by the date, time and email address provided in section L.9.

Information provided in the response to this factor will assist the Government in determining the degree of risk associated with award of this project to the Offeror in question, based upon that Offeror's past and present performance on other relevant projects. It is the Offeror's responsibility to follow-up with their customers to ensure that the completed questionnaires are provided to the FAA by the deadline provided in section L.9.

(d) If the FAA needs additional information to assess the Past Performance rating, the Government reserves the right to obtain information from sources other than those identified by the Offeror. An evaluation of relevance will be done for no more than three (3) projects submitted by the Offeror for itself and for no more than three (3) projects submitted for each subcontractor. The Offeror is therefore cautioned to submit only its three (3) most relevant efforts, and is cautioned to submit only the three (3) most relevant efforts of each subcontractor. If the Offeror or its subcontractors submit more than three (3) projects each for consideration, only three (3) per entity will be reviewed. The three (3) reviewed for each entity will be the first three (3) as displayed within the proposal from front to back.

(e) Where Offeror subcontracting arrangements are proposed, a narrative should be submitted as part of the proposal which clearly details the roles, responsibilities, and distribution of effort (by type and percentage) between the parties in performance of the Government's requirement.

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(f) Where an Offeror provides projects performed by its managers, key personnel, subcontractors, or other partners for consideration, the Government will evaluate the past performance of its proposed managers, key personnel, subcontractor, or other partners separately and consider its findings about them, in conjunction with information provided as required in paragraph (a) above, when determining the risk associated with the proposal and assigning the appropriate rating to the proposal. The Government will determine whether the past performance of a contractor's managers, key personnel, subcontractors, or other partners offsets the risk of doing business with a prime contractor that has no or limited experience and past performance of its own.

(g) If the government attributes to the successful Offeror the past performance of its proposed managers, key personnel, subcontractors, or other partners, the successful Offeror's proposal will be incorporated into the resultant contract as a requirement. In such cases the subject managers, key personnel, subcontractors, or other partners should not be replaced without prior approval of the Contracting Officer.

L.9 Date, Time and Email Address for Submission of Proposals Proposals must be received by the FAA on 08/15/2021 no later than 4:30 pm Eastern Time through secure electronic submission to Contracting Officer Robert C. Taylor II at robert.c.taylor-ii@faa.gov . Offerors must request receipts for proposals if one is desired. All Amendments issued, if any, must be signed and submitted with the Offerors proposal.

L.10 Expenses Related to Offeror Submissions The FAA will not pay any costs incurred in the preparation or submission of any response to this solicitation.

L.11 Proposal Acceptance

(a) The FAA reserves the right to consider as acceptable only those proposals submitted in accordance with the requirements set forth in the SIR which demonstrate an understanding of the complexity and scope of the requirements.

(b) The FAA further reserves the right to reject, as unacceptable, proposals deleting or altering technical requirements.

L.12 Provisions Incorporated by Reference This screening information request (SIR) incorporates the following provisions by reference with the same force and effect as if they were provided in full text. The Offeror may obtain the full text at https://fast.faa.gov/contractclauses.cfm.

3.2.2.3-1 False Statements in Offers (July 2004) 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 Offeror's Requests for Explanations (March 2009) 3.2.2.3-19 Contract Award (July 2004) mailto:robert.c.taylor-ii@faa.gov https://fast.faa.gov/contractclauses.cfm

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L.13 FAA AMS Provisions Incorporated in Full Text 3.2.2.3-20 Offers (January 2018)

(a) The Offeror (you) may submit responses to this SIR by the following electronic means: email.

Your offer must arrive at the place and by the time specified in the SIR.

(b) Such offers must refer to this SIR and includes, 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.9.

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

(End of provision) 3.2.4-1 Type of Contract (April 1996) The FAA contemplates award of an Indefinite Delivery Indefinite Quantity contract resulting from this Screening Information Request.

(End of provision)

3.6.1-17 North American Industry Classification System (NAICS) Code (January 2021) The North American Industry Classification System (NAICS) code for this procurement is:

611513 Apprenticeship Training.

The small business size standard as defined by the Small Business Administration (SBA) is the following: This U.S. industry comprises establishments primarily engaged in offering apprenticeship training programs. These programs involve applied training as well as course work.

For NAICS codes based on SBA’s calculation of annual receipts, the annual average receipts cannot exceed $7.5M.

(End of provision)

3.9.1-3 Protest (January 2020)

OTHER SOLICITATION, IF APPROPRIATE), THE OFFEROR OR POTENTIAL OFFEROR

AGREES TO BE BOUND BY THE FOLLOWING PROVISIONS RELATING TO

PROTESTS:

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(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:

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(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 Facsimile: (202) 267-3720 Alternate Facsimile: (202) 267-1293; 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.

(End of provision)

End of Section L

This screening information request (SIR) incorporates the following provisions by reference with the same force and effect as if they were provided in full text. The Offeror may obtain the full text at https://fast.faa.gov/contractclauses.cfm.