693KA8-24-R-00012 - Section L.pdf

693KA8-24-R-00012

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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L.1 AMS CLAUSE 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 will make the full text available, or Offeror’s and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

Table L-1: CLAUSES INCORPORATED BY REFERENCE

3.2.2.3-1 False Statements in Offers (Apr 2024) 3.2.2.3-6 Submittals in The English Language (Sep 2020) 3.2.2.3-7 Submittals in U.S. Currency (Sep 2020) 3.2.2.3-9 Notice of Possible Standardization (Jul 2004) 3.2.2.3-12 Amendments to Screening Information Requests (Apr 2024) 3.2.2.3-13 Submission of Information/Documentation/Offers (Apr 2024) 3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of Submittals (Apr 2024) 3.2.2.3-15 Authorized Negotiators (Apr 2024) 3.2.2.3-16 Restricting, Disclosing and Using Data (Apr 2024) 3.2.2.3-17 Preparing Offers (Apr 2024) 3.2.2.3-18 Prospective Offer’s Request for Explanation (Apr 2024) 3.2.2.3-19 Contract Award (Jul 2004) 3.2.2.3-31 Facilities Capital Cost of Money (Jul 2004) 3.2.2.3-72 Announcing Competing Offerors (Jul 2004) 3.2.4-25 Single or Multiple Awards (Apr 2023) 3.6.2-7 Pre-award On-Site Equal Opportunity Compliance Review (Jul 2023)

L.2 CLAUSES AND PROVISIONS INCORPORATED IN FULL TEXT

3.2.2.3-20 OFFERS (JAN 2018)

(a) The offeror (you) must submit responses to this SIR by the following electronic means: see Section L.5. 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.3.1.

https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/docs/clausedocs/clauses/3.2.2.3-31.docx https://fast.faa.gov/docs/clausedocs/clauses/3.2.2.3-72.docx https://fast.faa.gov/contractclauses.cfm https://fast.faa.gov/docs/clausedocs/clauses/3.6.2-7.docx

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(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 (April 2018)".

(End of provision)

3.2.2.3-38 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR

INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA- ALTERNATE

II (JAN 2022)

(a) The FAA does not require a submission of certified cost or pricing data.

(b) The offeror must provide the following data: See section L.8.

(End of clause)

3.2.4-1 TYPE OF CONTRACT (APR 1996)

The FAA contemplates award of an Indefinite Delivery/Indefinite Quantity (IDIQ) with Firm- Fixed-Price (FFP), Time-and-Materials (T&M) and Cost Reimbursement (CR) contract resulting from this SIR.

(End of provision)

3.6.1-17 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

(OCT 2022)

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

335312 Motor and generator manufacturing.

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

(a) For NAICS codes based on SBA’s calculation of annual receipts, the annual average receipts cannot exceed N/A.

(b) For NAICS codes based on the number of employees, the average number of employees over the last 24-month period cannot exceed 1250.

(End of provision)

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3.9.1-3 PROTEST (APR 2024)

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:

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(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) 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).

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(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)

3.14-8 NON-FAA INFORMATION SYSTEMS (JULY 2017)

(a) For all non-FAA Information systems (including those from cloud services providers) to be used under this contract, offerors must disclose with their proposal all countries where FAA data and information is to be stored, processed, backed up to, or if the data and information is transmitted through an international processing hub or exchange.

(b) Offerors must disclose to the FAA with their proposal, the country of ownership (if more than 50% foreign-owned) for all subcontractors and third parties that will process, store, or backup the data and information.

(c) If an international processing hub or exchange is involved or there are foreign-owned subcontractors or third parties, offerors must provide to the FAA with their proposal, the details of the security measures for how the contractor, subcontractor, and third party processing facilities will protect the FAA data and information at the subcontractor or third party processing facility.

(End of provision)

L.3 GENERAL INFORMATION

This section of the Federal Aviation Administration (FAA) Engine Generator Systems (EGS) SIR provides instructions, conditions, and notices to Offerors. All representations and certifications must be made by the Offeror and must be filled in as appropriate. The signature of the Offeror on the cover page of this SIR (Standard Form-33) constitutes the making of the included representations and certifications. Award of any contract to the Offeror will be considered to have incorporated the applicable representations and certifications and the proposal will be considered a part of the contract.

L.3.1 Point of Contact

The Contracting Officer (CO) is the sole point of contact for this acquisition. All questions or concerns must be addressed to the CO.

Stephen Mostow, AAQ-310 Federal Aviation Administration Stephen.Mostow@faa.gov

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L.3.2 Completeness/Compliance with Instructions

The FAA reserves the right to award a contract based on initial submittals received, without conducting communications. Therefore, it is critical that each offer is fully responsive to the SIR, without exception of any provision, and the information must be clear and complete. Each Offeror must submit a proposal that represents its best efforts to respond to the SIR requirements, including the Statement of Work (SOW) requirements.

The FAA will review all proposals to ensure completeness, response to all elements, and adherence to Section L (this section) of the solicitation. Those proposals that do not meet these requirements may be rejected. The successful Offeror is responsible for compliance with the entire Section C and all attachments of the solicitation/contract.

When evaluating an Offeror’s capability to perform the prospective contract, the FAA will also consider compliance with these instructions. The FAA will consider an Offeror’s non-compliance with all these instructions as indicative of the quality of work the FAA may expect from the Offeror during contract performance. Noncompliance with these instructions may be considered indicative of a quality problem and assessed as a risk.

L.3.3 Offeror Statements

Offerors are cautioned as to the veracity of statements, promises, or offers made in the proposal.

The FAA reserves the right to contractually invoke any statements, promises, or offers of any kind made during the evaluation process through the creation of one or more Clauses to bind the Offeror to any specific representation made to the FAA.

Any inconsistencies between the Technical and Price proposals must be fully explained. A significant inconsistency, if unexplained, raises a fundamental question of the Offeror’s understanding of the work required and ability to perform the contract. This may be grounds for rejection of the proposal, determination of non-compliance or other unfavorable consideration.

Failure to submit any of the information requested by this SIR may be cause for unfavorable consideration.

Proposals must set forth full, accurate, and complete information as required by this solicitation, including attachments. The penalty for making false statements in proposals is prescribed in 18 U.S.C. § 1001.

L.3.4 Participation of Non-Government Personnel

Offerors are advised that individuals from the following support contractor organizations (including employees, consultants, and subcontractors) are assisting the FAA on the EGS solicitation:

(a) PolyCon Solutions, LLC

(b) Leidos, Inc.

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(c) IT Strategy

All individuals from each company supporting this solicitation will be required to sign Non- Disclosure Agreements (NDA) and a Conflict-of-Interest (COI) statement with the FAA. The FAA currently intends for these companies to be the only support contractors but reserves the right to include others.

During this procurement the FAA may use the services of support contractors in evaluating the Offeror’s proposals. Non-government personnel may be exposed to any proprietary source selection sensitive information included in proposals. The exclusive responsibility for source selection remains with the Government.

Offerors must not include these contractors as part of their teams, or request assistance with proposal preparation, without first submitting an Organizational Conflict of Interest (OCI) Mitigation Plan for Government approval.

L.3.5 Expenses Related to Offeror Submission

(a) The FAA will not pay for the information solicited or reimburse the Offerors for any costs incurred in the preparation or submission of any response to this SIR or in making necessary studies or designs for the preparation thereof.

(b) No pre-contract costs will be allowed on this contract. Pre-contract cost are defined as any costs incurred at the Offeror’s risk in anticipation that any such costs may later be charged to any resulting contract.

L.3.6 Equal Access to Information

Any information concerning the SIR given to any Offeror will be promptly furnished to all other Offerors. If the information is necessary for submitting proposals, or if the lack of it would be prejudicial to any other Offeror, the information will be furnished as an amendment to the SIR. It is the Offeror’s responsibility to monitor the System for Award Management (SAM) website for updates.

L.3.7 Communications with Offerors

The FAA reserves the right to award a contract without communications after evaluation of initial written submissions. Offerors are encouraged to consult with the CO before submitting any offer that takes exception to any term or condition of this SIR. However, the FAA also reserves the right to conduct Offeror specific communications, or to conduct communications and permit Offerors to revise their proposals, if the CO deems these measures appropriate and in the best interest of the

FAA.

The FAA may, at any time, communicate with Offerors on an individual basis to explain or clarify aspects of the competition, to negotiate as appropriate the terms and conditions of the proposed contract, or to seek additional information regarding Offerors’ submissions.

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Communication with potential Offerors may take place throughout the source selection process.

The purpose of communications is to ensure mutual understandings between the FAA and the Offerors on all aspects of the solicitation, including the Offerors’ proposals. Information disclosed because of oral or written communication with an Offeror may be considered in the evaluation of an Offeror’s proposal.

To ensure that Offerors fully understand the intent of the SIR (and the FAA’s needs stated therein), the FAA may hold one-on-one meetings with individual Offerors as it pertains to their offers. One-on-one communications may continue throughout the process, as required, at the FAA’s discretion.

Communications with one Offeror do not necessitate communications with other Offerors because communications will be Offeror-specific.

Each Offeror must provide in its submission a point-of-contact (POC), a telephone number(s) and an email address for this purpose. The FAA Contracting Officer listed in Section G is the single FAA POC for all communications related to this SIR.

L.3.7.1 SIR Questions

In accordance with AMS provision 3.2.2.3-18, Prospective Offeror's Requests for Explanations (Apr 2024), any questions, or requests for clarifications regarding any section of the SIR must be prepared in writing and submitted to the Contracting Officer, via electronic mail, at Stephen.Mostow@faa.gov no later than June 20, 2024 at 12:00 PM Eastern Time. The subject line must read "Questions for SIR #” to be included in the government's response. Telephonic or mailed inquiries will not be accepted.

All questions and requests for clarifications relating to this SIR must be received by the Contracting Officer by the date specified, or otherwise promptly upon being identified. The Offeror is solely responsible for ensuring that the FAA Contracting Officer has received the questions or requests for clarifications. All inquiries must be submitted in the form of a question using Table L-2 provided below and as Attachment L.1.

(a) The FAA will respond to questions received within this timeframe with a posted response on the Sam.gov website on or prior to July 8, 2024. The FAA will not attribute the questions to the submitting Offerors. Some questions may be posted prior to the FAA responding to them.

Offerors must refer to previous questions to ensure that the same question or questions have not been addressed. If an Offeror needs further clarity on previously submitted questions, it must refer to that question by its identification number.

(b) The FAA reserves the right to not answer any requests received outside of the above timeframe.

Furthermore, Offerors must note that the proposal due date may not be extended based on questions received after the timeframe mentioned above. The FAA response may result in amendment to the SIR.

mailto:Donald.C.Sumner@faa.gov

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Table L-2: CLARIFICATION FORMAT Subject: SIR No. 693KA8-24-R-00012

# Question SIR Section

Section Name

Section Number

Page Number

L.3.8 Notice of Intent to Withdraw Proposal

Offerors are advised that proposals may be withdrawn at any time prior to contract award in accordance with AMS provision 3.2.2.3-14, Late Submissions, Modifications, and Withdrawals of Submittals (April 2024). Offerors may withdraw proposals by written notice to the CO (electronic with electronic signature) or in-person, by the Offeror, or by an authorized representative.

L.3.9 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.4 INFORMATION AND CONSIDERATIONS AFFECTING OFFEROR

PROPOSAL SUBMISSIONS

This is the only SIR the FAA intends to issue for this acquisition. Offerors proposals will be evaluated in accordance with this solicitation, AMS Policy and Guidance, and the Source Selection Plan.

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) This document constitutes a formal SIR for which an award may be made without further discussions or negotiations. Offerors are to consider all terms and conditions contained in the formal SIR in preparation of their proposals as set forth herein.

c) The following is the projected schedule for this SIR. Acquisition milestones are provided for information purposes only and are subject to change.

Table L-3: PROJECTED MILESTONES

MILESTONE DATE

SIR Release June 6, 2024 Questions Due From Industry June 20, 2024 FAA Responses to Questions Posted on Sam.gov July 8, 2024

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Offeror Proposal Submission July 29, 2024 Contract Award TBD

L.5 INSTRUCTIONS AND SUBMISSION OF PROPOSALS

Each 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. The Offeror’s proposal must be submitted in the prescribed formats subsequently identified herein and must be organized as follows:

Table L-4: PROPOSAL VOLUMES

VOLUME TITLE PAGE

LIMIT

VOL I OFFER AND OTHER DOCUMENTS N/A

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

N/A

Section 2 SIR Section I – filled in completely N/A Section 3 SIR Section K - filled in completely and signed N/A Section 4 Responsible Prospective Contractors N/A Section 5 Subcontracting Plan (As applicable) N/A

Section 6 Mentor-Protégé Agreement (As applicable) N/A

Section 7 Teaming Arrangements/Joint Ventures (As applicable) N/A

Section 8 Organizational Conflict of Interest (OCI) Mitigation Plan (As applicable)

N/A

VOL II TECHNICAL APPROACH 235

FACTOR 1 Past Experience

40 Sub-Factor 1.1 Past Experience Matrix Sub-Factor 1.2 Past Experience Narratives FACTOR 2 Equipment Proposal

Sub-Factor 2.1 Manufacturer of Equipment Sub-Factor 2.2 EGS Performance Specifications Sub-Factor 2.3 EGS Equipment Characteristics FACTOR 3 Logistics Proposal

Sub-Factor 3.1 Software Sub-Factor 3.2 Maintenance Sub-Factor 3.3 Integrated Support Plan (ISP) FACTOR 4 Training Proposal 25

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FACTOR 5 Key Personnel 30

VOL III PAST PERFORMANCE PROPOSAL N/A

Attachment J.10 Past Performance Customer Survey N/A

VOL IV PRICE PROPOSAL N/A

Attachment B.1 Attachment B.1 Price Schedule – filled in completely N/A

** Price information must not be included in Volumes I-III. Price information must only be included in Volume IV.

L.5.1 Proposal Presentation, Format, and Content

(a) The FAA may decline to consider offers that do not include required information or follow the required submission formats, or that reject any of the terms, conditions, or provisions of the

SIR.

(b) A cover sheet must be provided for each volume, which clearly identifies the solicitation or SIR number, volume name, volume number, and the Offeror's name. This sheet must be part of each submitted volume, as opposed to a separate file, and will not count against any page limitations.

(c) Pages must be marked with the solicitation number and “Source Selection Sensitive”. If any information provided in an Offeror’s proposal is considered “Proprietary” by the Offeror, the Offeror should label as instructed in section L.5.7, Proprietary Data/Restricted Disclosure.

(d) Page limitations must be treated as maximums. If exceeded, excess pages will not be read or considered in the evaluation. The following pages are excluded from the page count limitations, however cut sheets and other technical specification references must still have page numbers: Volume covers, brochures, cut sheets, specifications, title pages, prime Contractor submittal letter, tables of contents, lists of figures, drawings glossaries, acronyms, and abbreviation lists associated with each volume.

(e) The proposal pages must be numbered sequentially. Except for Volume IV (Price), Offerors are instructed to use 8.5 x 11 inches and single-spaced typing with 1- inch margins on the top, bottom and both sides. The font type used for text must be Times New Roman and size 12-point with a single line space. The exception is for charts, graphs, tables, figures, and pictures for which the font type is up to discretion of Offeror and font size must be no less than 8-point.

(f) Updates or revisions to proposal volumes must be identified as a revision, e.g., Rev 1.

(g) Indexing must be used to identify all sections in a volume this includes cut sheets and other technical specification references. Each volume should be organized in such a way that an extensive search of FAA-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.

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(h) The Offerors must include a glossary of acronyms and abbreviations used, with an explanation for each acronym and abbreviation. However, the glossary should not be used to define techniques and approaches and will not be evaluated.

(i) Except for the contents of Volume IV (Price), electronic files must be saved and submitted in a Portable Document Format (PDF). All soft copy must be formatted such that when the FAA prints said copies all images text and diagrams must be fully visible. Files larger than 10Mb must be split into multiple, smaller files to ensure they are received by the FAA. In addition, J Attachments J.08 and J.09 must be submitted in both excel and PDF format.

(j) For the Technical Proposal to be evaluated strictly on the merit of the material submitted, NO

COST OR PRICE INFORMATION MAY BE INCLUDED IN VOLUMES 1, 2, and 3.

Proposals that do not comply may be rejected.

(k) All proposal files must adhere to the following file naming convention:

“Offeror Name_EGS Proposal_Volume #_Volume Name” Example: Best Company_EGS Proposal_Volume II_ Technical Approach

(l) For purposes of Section L and M, the term “Offeror” refers to the entity submitting the proposal and that would serve as prime Contractor if awarded the contract. The term “team” refers to the team proposed by the Offeror and includes the Offeror and its proposed subcontractor(s).

The term “team member” refers to a member of the team (including the Offeror or one of the proposed subcontractors).

(m) Submittals must provide documentation to substantiate any statement of fact and all technical specifications cited in response to an Evaluation Factor must include the page number of the referenced technical specifications. General statements indicating that the Offeror understands the requirements of the work to be performed, or rephrasing or restating of the FAA'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 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 may not be evaluated. The information provided is assumed to be accurate and complete.

L.5.2 Time, Date, Place, and Submission of Proposals

(a) TIME AND DATE – Proposals must be received by the FAA in electronic format no later than

July 29, 2024 at 12:00 PM Eastern Time. Offerors may request receipts for proposals if desired. Delivery after the appointed time will not be accepted.

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(b) Proposals must be sent electronically to Stephen Mostow at Stephen.Mostow@faa.gov.

(c) Proposal Submission: For this solicitation, the electronic copy submission will be considered the final version for all proposal submissions. All proposal documentation must be provided via email. No hard copy documentation or hardware will be accepted by the FAA for this requirement. Furthermore, the FAA will not accept any submission made by facsimile, telex, telegraph, or similar devices.

L.5.3 Late submissions, Modifications, Withdrawals of Offers

(a) Offerors assume the full responsibility of ensuring that proposals are submitted no later than the date and time specified above. Proposals received after the due date and time for receipt of proposals will be considered late and will not be evaluated. The Government is not responsible for delays.

(b) Offerors are cautioned for electronic submissions the proposal is considered late if not received by the date and time specified in the designated email box.

(c) If an emergency or unanticipated event interrupts normal FAA processes such that offers cannot be received at the e-mail account designated for receipt of offers, offers will be deemed to be extended to the same time of day specified in the solicitation on the first workday on which normal FAA processes resume.

L.5.4 Alternate Proposals

No alternate proposals will be accepted. The Government reserves the right to award a contract based on initial submittals received. Therefore, each Proposal should contain the Offeror’s best terms from a price and technical standpoint. An objection to any of the terms and conditions of this SIR may constitute an exception, which may make the offer unacceptable.

L.5.5 Proposal Acceptance

(a) Only one proposal from each Offeror will be considered.

(b) 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, size, and scope of the requirements.

L.5.6 Proposal Revisions

Proposal modifications are limited to those modifications required to address FAA communications or specific changes depicted in a SIR amendment. In response to FAA communications, Offerors must limit modifications to their proposals to the pertinent proposal sections and the subjects of the communications. If changed pages are required, except for the Cost Model, the Offeror must indicate the changes exactly and must not exceed the total page count

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The FAA may correct administrative errors, such as mathematical errors or inaccurate cross references. In this event, the FAA will notify the Offeror of the change and may afford the Offeror an opportunity to submit a corrected proposal.

L.5.7 Proprietary Data/ Restricted Disclosure

Any data that may contain trade secrets, copyright data, and/or financial information which 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 3.2.2.3-16, “Restricting, Disclosing and Using Data (Apr 2024).”

The Government assumes no liability for disclosure or use of unmarked data and may use or disclose such unmarked data for any purpose. Unless restricted, information submitted in response to its request may become subject to disclosure to the public pursuant to the Provision of the Freedom of Information Act (5 U.S.C. 551).

L.5.8 Disposition of Proposals

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

L.5.9 Notification of Discrepancies, Exceptions, Deviations, and Assumptions

If an 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, Offerors are instructed to explicitly document within their proposal all exceptions or deviations contained in any part of the SIR and to address them to the CO with supporting rationale.

Offerors are further instructed to document, within their proposal, any assumptions on which their offer is based. The Contractor must document exceptions, deviations, and assumptions within the proposal volume to which the exceptions, deviations, and assumptions apply.

Pricing related exceptions, deviations, or assumptions must be clearly identified in Section L.8, Price.

All benefits or harm to the FAA must be fully explained for each exception taken. Exceptions and deviations will not, of themselves, automatically cause a proposal to be termed unacceptable. Any

L - 15 exceptions, deviations, or assumption, may however, result in rejection of your proposal as unacceptable or otherwise non-compliant and therefore ineligible for award.

L.6 VOLUME I – OFFER AND OTHER DOCUMENTS

Volume I must be submitted WITHOUT any reference to pricing information.

Volume I 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. Each 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.6.1 VOLUME I, SECTION 1 - SOLICITATION COVER PAGE

The Offeror must have an official who is legally authorized to bind the Offeror to a contract sign the Solicitation, Offer, and Award (SF 33), block 17. If issued, all solicitation amendments must be signed and submitted here.

The Offeror must complete all required fill-ins under the “Offeror” section of the SF 33. In the block with its name and address, the Offeror should supply its Unique Entity ID (UEID) number and Commercial and Government Entity (CAGE) code.

L.6.2 VOLUME I, SECTION 2 - SIR SECTION I, CONTRACT CLAUSES

The Offeror must complete the required fill-in portions of Section I, Contract Clauses 3.1.7-6 Disclosure of Certain Employee Relationships and 3.10.2-2 Subcontracts (Cost-Reimbursement and Ceiling Priced Contracts) and include Section I in the offer.

L.6.3 VOLUME I, SECTION 3 - SIR SECTION K, REPRESENTATION,

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.

All Small Businesses (including Small Disadvantaged Businesses) submitting proposal responses must ensure that representations and certifications are complete in SAM.gov. The representations and certifications must reflect the status of the Offeror at the time of certification within the system.

L.6.4 VOLUME I, SECTION 4 – RESPONSIBLE PROSPECTIVE CONTRACTORS

The Offeror must be found responsible in accordance with FAA AMS Guidance T3.2.2.7 (Contractor Qualifications) prior to award of any contract. To support this finding, Offerors must submit sufficient information to demonstrate the financial capability to perform a contract of this size and duration. This information must include the following:

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(a) Proof of any Line(s) of Credit by a U.S. Banking Institution.

(b) At a minimum the ability to cover payroll and, other operating and administrative expenses to accommodate FAA “in arrears” payments for work performed for periods up to ninety (90) calendar days.

(c) For each team member (i.e., the prime Offeror and all subcontractors) of the Offeror’s team: a description of all current or pending legal action under federal, state, local, or foreign government contracts or solicitations initiated, ongoing, or completed 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.

(d) Financial Statements for the last three (3) company fiscal years (Offerors must provide the 2023 Statements, if available). If available, the company must submit audited financial statements. If audited financial statements are available, but are not submitted, the Offeror will be considered noncompliant. Financial Statements must be signed by a company officer.

Financial Statements that are not signed by a company officer will not be accepted. If certified, audited financial statements are not available then financial statements prepared by an internal member of the company management are acceptable.

(e) Information regarding the specific plans for financing the proposed contract.

(f) If you are currently being audited or have been audited by the Defense Contract Audit Agency

(DCAA), provide the address, current telephone number, and current point of contact for the cognizant DCAA and the cognizant Defense Contract Management Area Office (DCMAO). Also include the latest approval date of your Disclosure Statement (not applicable to Small Businesses) and most recent audit status, i.e., when was the last one performed, what were the findings, etc.

(g) Any other additional information which will assist in a better or complete understanding of your firm and capabilities.

L.6.5 VOLUME I, SECTION 5 – SUBCONTRACTING PLAN

This section is only applicable to Offerors who are classified as large businesses relative to the NAICS code 335312 - Motor and Generator Manufacturing, in accordance with FAA AMS Clause 3.6.1-3, Utilization of Small, Small Disadvantaged, Women-Owned, Service-Disabled Veteran Owned, and HUBZone Small Business Concerns (January 2021).

Offerors who are large businesses must provide a detailed subcontracting plan that fulfills all requirements contained within FAA AMS Clause 3.6.1-4, Small Business Subcontracting Plan (January 2024). This solicitation does not establish minimum goals for an acceptable plan. This solicitation reflects objectives FAA encourages contractors to adopt. Small Business Goals are as follows:

Table L-5: SUBCONTRACTING GOALS

Category Goal Subcontracts Awarded to Small Business Concerns 44%

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Subcontracts Awarded to Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals 15%

Subcontracts Awarded to Small Business Concerns Owned and Controlled by Women 5%

Subcontracts Awarded to Small Business Concerns Owned and Controlled by Service-Disabled Veterans 5%

These goals will apply over the full life of the contract, including the base period and each exercised option period. Teaming agreements for subcontractors are to be submitted with this section. Offerors will make every attempt to meet specified goals, unless the resulting awardee can substantiate reasons the goals are unattainable.

Offerors may submit a unique EGS subcontracting plan or may make use of their corporate or other Government approved master subcontracting plan. Any corporate or other Government approved master subcontracting plan that is proposed, must meet the requirements of AMS Clause 3.6.1-4.

Failure to submit an acceptable subcontracting plan and/or correct deficiencies within the time specified by the CO may make the Offeror ineligible for award.

L.6.6 VOLUME I, SECTION 6 – MENTOR-PROTÉGÉ PROGRAM

This section is only applicable to Offerors that are proposing, as part of performance under this SIR, participation in the FAA Mentor-Protégé Program. To participate, a firm must meet the requirements specified in AMS Clause 3.6.1-11, Mentor-Protégé Requirements and Evaluation (January 2024), and the FAA’s Mentor Protégé Guide that can be obtained by contacting:

Lelanie Rivera FAA Small Business Program Office Lelanie.Rivera@faa.gov | (206) 231-3021

The Mentor Protégé Agreement submission must include the following: (1) Approval Letter from the FAA’s Small Business Office and (2) Approved Mentor Protégé agreement.

L.6.7 VOLUME I, SECTION 7 – TEAMING ARRANGEMENTS / JOINT VENTURES

If the Offeror has a teaming arrangement or is in a joint venture as defined in AMS T.3.2.2.7, they must describe their relationship and work performed by each.

L.6.8 VOLUME I, SECTION 8 – ORGANIZATIONAL CONFLICT OF INTEREST

(OCI) MITIGATION PLAN

Offerors are required to disclose all potential conflicts of interest or other related issues for the Offeror and its team members. This includes but is not limited to conflicts of interest described in

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AMS Clauses: 3.1.7-1, Exclusion from Future Agency Contracts (July 2018); 3.1.7-2, Organizational Conflicts of Interest (January 2023); 3.1.7-4, Organizational Conflict of Interest - Mitigation Plan Required (October 2019); and 3.1.7-5, Disclosure of Conflicts of Interest (July 2018).

As appropriate and applicable, Offerors must submit an OCI Mitigation Plan. At a minimum, the OCI Mitigation Plan must:

(1) Address all potential conflicts of interest in a mitigation plan, which will be incorporated into the contract at time of award,

(2) Avoid, neutralize, or mitigate OCIs that the Offeror is required to disclose under AMS Clause 3.1.7-2, Organizational Conflicts of Interest (January 2023),

(3) Identify potential and actual OCIs that could impact new or existing task orders during contract performance and

(4) Avoid, neutralize, or mitigate OCIs identified during contract performance, and implement task order specific OCI mitigation plans where appropriate.

L.7 VOLUME II - TECHNICAL APPROACH

a. Volume II must be submitted WITHOUT any reference to pricing information.

b. Volume II will address Past Experience, Equipment, Logistics, Training and Key Personnel.

c. Volume II, Factor 1 (Past Experience) and Factor 5 (Key Personnel), the Offeror must provide information that demonstrates the ability to perform and/or manage contracts that are same or similar in size (contracts no less than $50,000,000), scope (SOW Section’s C.3.1 Program Management, Section C.3.3 Commercial Off-The-Shelf (COTS) Equipment, Section C.3.4 Logistics, Section C.3.5 Contractor Depot Logistics Support (CDLS), and Section C.3.6 Training and Training Support, and complexity (in this instance, providing EGS equipment simultaneously at multiple facilities throughout CONUS and OCONUS; this includes but is not limited to: The states of Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands, the Bahamas, American Samoa, Guam, and the US Virgin Islands, while maintaining warehousing and CDLS operations) to this requirement.

L.7.1 VOLUME II, FACTOR 1 – PAST EXPERIENCE

Volume II, Factor 1 addresses the Offeror’s past experience and consists of two Sub-Factors: 1.1 Past Experience Matrix, and 1.2 Past Experience Narratives.

The Offeror must provide information that demonstrates the ability to perform and/or manage contracts that are same or similar in size, scope, and complexity. Relevant Past Experience, and

L - 19 information submittals can be on prior or present government and/or commercial sector contracts.

Size, scope, and complexity as defined in L.7 may be represented on one contract or be represented on separate contract(s) providing same or similar services.

For Past Experience, Offerors that are newly formed businesses, without prior contracts or that do not possess relevant Past Experience and Performance, must clearly indicate this at the beginning of the Volume II submission. The FAA will not consider performance on a newly awarded contract (less than 1 year) or on any effort completed more than five (5) years prior to this contract’s solicitation date. However, the FAA reserves the right to review contract agreements and performance that are older than five (5) years.

L.7.1.1 VOLUME II, Sub-FACTOR 1.1 – PAST EXPERIENCE MATRIX

Offerors must provide a maximum of three (3) past experience examples for active or complete “relevant and recent (within the past five (5) years)” contracts, task orders, or subcontracts (including Federal, State, and local Government and commercial) directly related to the same or similar size, scope, and complexity as defined in Section L.7 to demonstrate its capability to successfully perform the requirements.

The Offeror must submit a fully completed Past Experience Matrix with the offeror’s relevant information, as shown below in Table L-6. This information includes the identification of previous contracts under which the offeror has obtained successful, direct experience relevant to those areas listed in the past experience matrix.

Each Offeror is responsible for completing each cell of the experience matrix with either a “P” denoting experience obtained as a prime contractor, or an “S” denoting experience obtained as a subcontractor. Offerors must also submit the name of the agency holding the contract, the contract number, the name, phone, and e-mail for the technical POC, for each contract listed in the past experience matrix.

Note that prime Offerors may utilize the experience of any proposed subcontractors provided that such is documented accordingly.

Table L-6: PAST EXPERIENCE MATRIX Scope Description Contract One Contract Two Contract Three

Program Management

C.3.1

Provide all of the necessary management, business and administrative planning, and coordination required to successfully perform all SOW tasking or associated task/delivery orders.

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Commercial Off-the-Shelf

(COTS)

Equipment

C.3.3

Manufacture, supply and maintain configuration management for the

COTS/NDI defined in this contract for the full duration of the period of performance.

Specification (EGS SPEC)” found in the

Section J, Attachment J.01, of this contract.

Logistics C.3.4

Plan, manage, and execute an Integrated Logistics Support (ILS) program that addresses all elements of integrated logistics identified in this SOW.

Contractor Depot

Logistics Support

(CDLS)

C.3.5

Furnish all labor, supervision, materials, piece parts, equipment, tools, and services required to perform depot-level repair of system hardware, software and ancillary equipment at the Contractor’s facility, and include shipment to Government facilities throughout CONUS and OCONUS; this includes but is not limited to: The states of Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands, the Bahamas, American Samoa, Guam, and the US Virgin Islands.

Training and Training Support C.3.6

Provide factory training facility with ability to train on all EGS and associated equipment purchased under the contract.

Size Contract One Contract Two Contract Three Contracts no less than $50,000,000

Complexity Contract One Contract Two Contract Three

Providing EGS equipment simultaneously at multiple facilities throughout CONUS and OCONUS; this includes but is not limited to: The states of Alaska, Hawaii, Puerto

Rico, the Northern Mariana Islands, the Bahamas, American Samoa, Guam, and the US Virgin Islands, while maintaining warehousing and CDLS operations.

Contract One Contract Two Contract Three Agency Contract # Technical POC Name Technical POC Phone Technical POC Email

L.7.1.2 VOLUME II, SUB-FACTOR 1.2 – PAST EXPERIENCE NARRATIVES

Offerors must provide a maximum of three (3) corporate experience examples for active or complete “relevant and recent (within the past five (5) years)” contracts, task orders, or

L - 21 subcontracts (including Federal, State, and local Government and commercial) directly related to the same or similar size, scope, and complexity as defined in Section L.7.

The experience information provided may be for either the prime or a key team member. In the case where the Offeror is a joint venture, the Offeror’s proposal must provide at least one (1) example for a contract or task order performed by the joint venture itself, or at least one (1) example for each individual member of the joint venture.

In addition, a relevant contract does not have to contain all elements of a sub factor or all sub factors; Offerors may submit information on a contract that are relevant to one sub factor or one aspect of a sub factor.

The narrative must be for each cited contract described in Past Experience Matrix submittal Section L.7.1.1. The narrative must describe the objectives achieved and detail how the effort demonstrates breadth and depth of the relevant experience. For each Past Experience Narrative, the Offeror must provide the following information:

• Contract title.

• Contract number.

• Agency/Customer supported.

• Contract type.

• Total dollar value (including options).

• Date of award.

• Period of performance (including options).

• Role on the contract (prime Contractor or subcontractor).

• Description of products/services provided.

• Description of successes/accomplishments achieved.

An offeror may use Past Experience examples of a corporate parent or affiliated subsidiary provided that the corporate parent or affiliated subsidiary is proposed to perform a similar role as required by the EGS SOW.

L.7.2 VOLUME II, FACTOR 2 – EQUIPMENT PROPOSAL

Equipment proposals must be submitted as separate and complete sections. The allocation of the number of pages between the individual Sub-Factors within Volume II, Factor 2 is left to the discretion of the Offeror; however, the maximum page limit for the entire volume is 125 pages.

L.7.2.1 VOLUME II, SUB-FACTOR 2.1 – MANUFACTURER OF EQUIPMENT

The Offeror must provide an outline of their manufacturing process to demonstrate they manufacture the equipment identified in Section C.3.3 of the SOW and Attachment J.01, EGS Specifications. The outline must contain, but is not limited to: where equipment originates, certificate of manufacture, etc.

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L.7.2.2 VOLUME II, SUB-FACTOR 2.2 – EGS PERFORMANCE SPECIFICATIONS

The Offeror must provide information that demonstrates the proposed EGS equipment will support the specification requirements below as related to CLINS X101 through X122, X138, X140, X141, X143, X148, X149 and X150 specifically:

a. Engine Generator System (EGS) Functional and Performance Characteristics (EGS Spec

Sections 200)

b. Engine Generator Parameter (EGS Spec Section 102)

c. Quality Assurance and Certification (EGS Spec Section 103)

d. First Article Test (EGS Spec Section 300)

e. EGS Startup Service (EGS SOW C.3.3.9)

A self-compliance review is required as part of the Offeror’s module performance submittal. The Offeror is required to complete Attachment J.08, EGS Performance Specifications, which encompasses a paragraph-by-paragraph review of the Specification with the following information, “C”, “D,” “E,” or “S.” Offeror must include page…