Section L and M Revised (0001).pdf

Section L - Instructions, Conditions, and Notices to Bidders

PROPOSAL CONTENT

Submission of Offer. An Offeror must submit an offer (1 electronic copy) which includes the following items as outlined in the BUSINESS PROPOSAL and the TECHNICAL PROPOSAL. Any missing or insufficient items will result in a "NON-RESPONSIVE" determination of the entire proposal.

L-1 BUSINESS PROPOSAL

1. Cover letter stating that no exceptions are taken to any specification requirements or contract terms and conditions, or a detailed summary of the exceptions taken.

2. Signed SOLICITATION, OFFER, AND AWARD Form (SF-1442) and, if applicable, any

AMENDMENTS to the RFO (SF-30) Form

3. Part I, SECTION B, SUPPLIES/SERVICES & PRICE/COST

4. Part IV, SECTION K, REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

5. At least two (2) Customer Satisfaction Surveys (CSS) completed from third party references.

The FAA is exempt from the FAR. Therefore, submission of a SAM.gov FAR Clause Report does not meet this requirement. All AMS clauses in this solicitation must be completed.

L-2 TECHNICAL PROPOSAL

A Technical Proposal demonstrating how all required services in the Statement of Work will be completed and a demonstration of Key Personnel that will perform traffic management services.

FACTOR 1 - PAST EXPERIENCE

Provide a list of at least two successful contracts that provided similar services to the current requirement within the past three years. For each project address the following points:

a. Project title, description, and contract number

b. Client name, business address, phone numbers, and contact person.

c. Dollar value of contract

d. Scope of work in detail

e. Percentage of work subcontracted and nature of that work.

f. Award date and completion dates

g. Any contractual issues or technical matters disputed, and resolution thereof.

h. Any claims and resolution thereof

i. Any other relevant information that reflects the offeror’s ability to meet schedule restraints.

FACTOR 2 - PAST PERFORMANCE

a. An Offeror is required to have at least two (2) Customer Satisfaction Surveys (CSS) from third party references completed and be submitted by the deadline for offers by one of the following means:

i. The CSS may be submitted directly via email from the Customer filling out the survey to elsa.gonzalez@faa.gov

ii. The CSS may be submitted by the offeror on behalf of their customer with a digital signature from the customer.

b. The references must be for similar work and scope to the requirements in this SIR.

c. The CSS is attached to the solicitation and listed in Section J

FACTOR 3 - QUALIFICATIONS OF KEY PERSONNEL

a. The offeror must submit one resume demonstrating a minimum of one (1) year of experience as an airport flagger and must possess a valid driver's license. Acceptable submission must include contract number, start and completion dates (month and year), approximate contract dollar amount, brief description of the scope of work, and client reference contact information (name, company, location, and telephone number).

b. Offeror bears the responsibility of explaining in detail how the comparable projects are equivalent to the experience.

L-3 SOLICITATION QUESTIONS

All offerors proposing for this project, requiring interpretation of the specification, site conditions, contract terms and conditions, etc., must request them in writing five (5) days prior to the offer due date.

No questions will be accepted after this date and time. You are encouraged to submit your questions as early as possible to allow adequate time for a response. Please submit all questions to:

elsa.gonzalez@faa.gov. The Contracting Officer is the only person authorized to make clarifications, interpretations or changes to this solicitation. Questions asked by telephone will not be accepted.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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 offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.2.2.3-1 FALSE STATEMENTS IN OFFERS (APR 2024)

3.2.2.3-11 RESERVED (APR 2024)

3.2.2.3-12 AMENDMENTS TO SCREENING INFORMATION REQUESTS (APR 2024)

3.2.2.3-13 SUBMISSION OF INFORMATION/DOCUMENTATION/OFFERS (APR 2024)

3.2.2.3-17 PREPARING OFFERS (APR 2024)

3.2.2.3-18 PROSPECTIVE OFFEROR'S REQUESTS FOR EXPLANATIONS (APR 2024)

3.2.2.3-19 CONTRACT AWARD (JUL 2004)

3.2.2.3-16 RESTRICTING, DISCLOSING AND USING DATA (APR 2024)

If the offeror includes data in the offer that the offeror does not want to be disclosed to the public or for the FAA to use except for evaluation purposes-

(a) Mark the title page with the following legend: "This offer includes data that must not be (1) disclosed outside the FAA and (2) duplicated, used, or disclosed -in whole or in part- for any purpose other than to evaluate this offer."

(b) Contracts awarded as a result of this SIR are subject to the disclosure requirements specified in this

SIR. This restriction does not limit the FAA's right to use information from another source that may be contained in the offer.

(c) Use the following space to identify the pages containing the restricted data:

Numbers or other identification of pages:

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

(d) Mark each page the offeror wants to restrict with the following legend: "Using or disclosing data contained on this page is subject to the restriction on the title page of this offer."

(End of provision)

3.2.2.3-20 OFFERS (JAN 2018)

(a) The offeror (you) must submit responses to this SIR by the following electronic means E-MAIL 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 elsa.gonzalez@faa.gov.

(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".

3.2.2.3-63 SITE VISIT (CONSTRUCTION) (JUL 2024)

(a) AMS clauses 3.2.2.3-42, Differing Site Conditions, and 3.2.2.3-43, Site Investigations and Conditions

Affecting the Work, will be included in any contract awarded under this SIR. Accordingly, FAA urges and expects offerors to inspect the site where the work will be performed.

(b) An optional site visit will be conducted and if you wish to attend, advance notice is required at least [ ] days in advance. Please submit the below information to elsa.gonzalez@faa.gov. Please list all attendees planning to attend.

Name: ______________________________

Email: ______________________________

Telephone: _____________________________

Company Name: ______________________________

Site Visit Location: El Cajon, CA

Site visits may be arranged during normal duty hours by contacting:

(c) All questions clarifications or explanations from the site visit must be submitted in writing to the contracting officer and are due by five days prior to the offer due date. No questions concerning the project will be answered during the site visit unless the Contracting Officer or the Contracting Officer's

Representative is present at the site visit: however, no changes are made to the SIR unless a written amendment is issued. The FAA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information received by any means other than in writing from the Contracting

Officer. The FAA does not assume responsibility for any understanding reached or representation made mailto:elsa.gonzalez@faa.gov concerning conditions, which can affect the work, by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in the contract.

3.2.2.3-72 ANNOUNCING COMPETING OFFERORS (JUL 2024)

(a) To encourage small businesses to seek subcontracting opportunities with possible FAA contractors, the Contracting Officer (CO) may publicly announce the names and addresses of offerors responding to this SIR before selection and award.

(b) Competing offerors must notify the CO in writing, at the time of proposal submittal, if offerors do not want names and addresses made public for subcontracting opportunities.

3.2.4-1 TYPE OF CONTRACT (APR 1996)

The FAA contemplates award of a Firm-Fixed Price contract resulting from this Screening Information

Request.

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:

561990.

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 N/A.

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

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:

(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).

(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.

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http://www.faa.gov/

Section M - Evaluation Factors for Award

M-1 EVALUATION FACTORS FOR AWARD

The Government will make award to the responsive offeror whose proposal conforms to the solicitation terms and conditions. The Government reserves the right to award on initial offers without discussions or to conduct one- on one discussions with one or more offerors to clarify issues relating to scope, pricing and responsibility. The Government will make award to the contractor offering the lowest priced, technically acceptable offer. Proposals shall be evaluated as either 'ACCEPTABLE' or

'UNACCEPTABLE' on the basis of the following criteria:

EVALUATION FACTOR 1 - PAST EXPERIENCE

EVALUATION STANDARD:

ACCEPTABLE: To receive an "ACCEPTABLE" rating, the Offeror must demonstrate the successful completion of at least two (2) traffic management service type contracts within the last three (3) years, similar in size and scope as the prime contractor

UNACCEPTABLE: Offeror DOES NOT demonstrate past experience by successful completion of at least two (2) traffic management service type contracts within the last three (3) years, similar in size and scope as the prime contractor. A rating of "UNACCEPTABLE" renders the offer ineligible for award.

EVALUATION FACTOR 2 - PAST PERFORMANCE

ACCEPTABLE: To receive an "ACCEPTABLE" rating, responses to ALL questions on the survey must indicate a 5 for Outstanding or a 4 for Good to ALL of applicable questions, and positive responses to the

Yes/No questions.

UNACCEPTABLE: Responses to ANY questions on a survey indicating a 3 or less, or ANY negative responses to the Yes/No questions will deem the offeror, technically unacceptable.

a. The FAA reserves the right to contact the companies that have submitted a survey for comments pertaining to the responses, review any additional information received, and apply its findings in the final determination.

c. The FAA may use information other than that provided by the Contractor in connection with this solicitation, and to apply that information in its final determination.

d. A rating of unacceptable renders the offer ineligible for award.

EVALUATION FACTOR 3 - KEY PERSONNEL

ACCEPTABLE: To receive an "ACCEPTABLE" rating, the Offeror must demonstrate that its Key

Personnel: Airport Flagger have met the required minimum qualifications by submitting one (1) resume with a minimum of (1) years' experience as an Airport Flagger for requirements similar in size and scope.

UNACCEPTABLE: Offeror is deemed "UNACCEPTABLE" if the submitted resume or customer references indicate the candidate DOES NOT possess the required minimum (1) year of experience as an airport flagger for requirements similar in size and scope.

a. The FAA reserves the right to contact the customers listed as references and apply that information in its final determination.

b. A rating of unacceptable renders the offer ineligible for award.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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 offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

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