Amendment No. 2 SECTION L 70LART21RPFB00001.pdf

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1)The solicitation number;

(2)The time specified in the solicitation for receipt of offers;

(3)The name, address, and telephone number of the offeror;

(4)A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5)Terms of any express warranty;

(6)Price and any discount terms;

(7)"Remit to" address, if different than mailing address;

(8)A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9)Acknowledgment of Solicitation Amendments;

(10)Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1)Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers;

or

(C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5)Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10 withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i)Availability of requirements documents cited in the solicitation.

(1)

(i)The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2)Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i)ASSIST ( https://assist.dla.mil/online/start/).

(ii)Quick Search ( http://quicksearch.dla.mil/).

(iii)ASSISTdocs.com (http://assistdocs.com).

(3)Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i)Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii)Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4)Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1)The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2)The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award;

(5)For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a combination Firm-Fixed Price with one Indefinite Delivery Indefinite Quantity contract CLIN (x0008) resulting from this solicitation.

52.251-2 Solicitation Provisions Incorporated by Reference (Feb 1998) https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.237-1 Site Visit (Apr 1984)

L.1 Proposal Submission Instructions

L.1.1. Proposals shall consist of a 30-minute video submission, a written price proposal, a written past performance document, and an oral presentation.

L.2.1 STEP 1, Factor 1 - Video Submission of Experience

L.2.1.1. Video Submission Instructions

2.1.1.1 The offeror shall submit a video that is no longer than 30 minutes in length/duration utilizing Youtube.com for the Government to access. Video content that extends beyond 30 minutes will not be considered in the evaluation.

Videos may be marked public or private. By 2:00 pm MST on December 23, 2020, the Offeror shall send a YouTube link and password to Kathleen Martin- Asburay at kathy.j.martin-asburay@fletc.dhs.gov in order for DHS to access the video submission. The Contracting Officer will confirm receipt of Video Submissions. Do not provide a shortened URL, such as youtu.be.

L.2.1.1.2. It is the Government’s desire that the video feature at least one (1) individual who will manage the contract performance from company headquarters or the company’s centralized office. This person should be a current employee at the company.

L.2.1.1.3. Offerors shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the RFP based on an assessment of relevant experience from the contractor. The Offeror shall demonstrate experience in accordance with Factor 1 evaluation criteria. ONLY EXPERIENCE SHOULD BE DISCUSSED IN THE VIDEO. Information regarding other factors will make it difficult for the Government to evaluate its confidence in your Experience. The Government will not use information regarding other factors to supplement the Oral Presentation.

mailto:kathy.j.martin-asburay@fletc.dhs.gov

L.2.1.1.4. NOTE 1: The Government does not intend to evaluate the quality of the video submissions. Unnecessarily elaborate videos beyond that which is sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Computer-generated graphics, background music, elegant sets, and so forth are neither necessary nor wanted. The Government strongly encourages Offerors not to invest significantly in the video submission. A smartphone video or other low-cost video production is encouraged.

L.2.1.1.5. NOTE 2: An offeror who includes in its proposal data that it does not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall prepare a text indicating such. This text may be displayed for no more than the first thirty seconds of the video submission. This 30-second display will not count towards the 30-minute time limit.

L.3.1. STEP 2 – Advisory Down-select Notification

L.3.1.1. After the Government completes evaluation of Step 1 – Video Submissions, Offerors will receive an advisory notification. Offerors who are rated most highly for Factor 1 will be advised to proceed to Step 2. Offerors who were not among the most highly rated will be advised that they are unlikely to be viable competitors. The intent of this advice is to minimize proposal development costs for those Offerors with little chance of receiving an award. However, the Government’s advice will be a recommendation only, and those offerors may elect to continue their participation in the acquisition. The Government does not intend to provide debriefings after the completion of Step 1.

L.3.1.2. Failure to participate in Step 1 precludes further consideration of an Offeror.

Offeror submissions will not be accepted from Offerors who have not submitted Step 1 – Video Submissions by the due date and time stated in this solicitation.

L.4.1. STEP 3 – Oral Presentation Attendance Request, Price Proposal, and Past Performance

L.4.1.1. Within three (3) days of the Government’s issuance of the Advisory Notice, Contractors wishing to participate in Oral Presentations shall provide the following to the Contracting Officer via email at kathy.j.martin-asburay@fletc.dhs.gov:

L.4.1.1.1. The names of the people who will attend the presentation, their current employers, their intended roles on the contract, whether they are proposed as key personnel, and a completed form FLETC form 121-00-02 (04/20). An offering contractor will be invited to no more than one (1) oral presentation.

NOTE: Due to security restrictions and timing, only U.S. Citizens will be eligible to attend. On the day of Oral Presentations, U.S. Citizen attendees born in another country will be required to show hard-copy proof of citizenship; all attendees will be required to bring a picture identification. All attendees will be required to adhere to COVID-19 safety procedures to include screening and temperature checks prior to entry and mandatory face masks (face masks provided by the offeror and are required to be worn on facility at all times). An Adobe PDF document of the Offeror’s Representations and Certifications (Section K clauses filled in).

L.4.1.2. Upon the timely submission of the items above, the Contracting Officer will provide the following:

L.4.1.2.1. A due date for Price Proposal and Past Performance reference list: this due date will be approximately two (2) weeks from the issuance of the Advisory Notice.

L.4.1.2.2. An assigned date and time of Oral Presentations: this date will be approximately three (3) weeks from the issuance of the Advisory Notice.

The government intends to hold oral presentations at FLETC Artesia which is located at 1300 West Richey Avenue, Artesia NM 88210, but may at its own discretion hold oral presentation at another location or via a virtual medium.

L.4.1.3. Price Proposal Instructions:

L.4.1.3.1. The price proposal shall consist of two (2) documents: One (1) Excel .xlsx file and one (1) Adobe PDF document.

L.4.1.3.1.1. The Excel .xlsx format document shall include a detailed pricing narrative and breakdown showing, at a minimum, the labor rates, hours, material costs, all overhead rates, and how these costs add up to the proposed price for each CLIN.

The file shall also include a Summary Worksheet showing the proposed price of each CLIN in Section B. While certified cost and pricing data is not required, other than certified cost and pricing data is required. The detailed breakdown of your proposal is required in order to allow the Government to determine price reasonableness. It will also allow the Government to ensure the applicable Wage Determination rates have been utilized.

L.4.1.3.1.2. The Adobe PDF document shall contain the following: 1) A signed SF-1449, 2) Signed SF-30 forms for all RFP amendments issued, 3) audited company financial statements for the last three annual reporting periods, 4) a detailed discussion which demonstrates the Offeror’s proposed approach to having sufficient resources to enter into and sustain the effort proposed, and 5) any fill-ins completed along with other documentation required by any clause or provision of the solicitation.

If audited company financial statements are not available, the Chief Financial Officer shall provide a formal statement attesting to the accuracy of the financial information provided.

When discussing sufficient resources, include a description of the financial resources that presently exist within the company to support this effort, whether outside financial support must be obtained, and if so, how it will be obtained and from what source. Include documentation to substantiate outside financial support.

The company financial statements and the narrative regarding resources will be utilized for a determination of responsibility and will not be used in proposal evaluation.

L.4.1.3.1.3. Work completed under this contract is subject to the

Collective Bargaining Agreement 2015-10-28 Revision 3 found in Section J and the McNamara-O’Hara Service Contract Act. The applicable Wage Determination is Number 2015-5455, Revision 13, dated 06/06/2020, and can be found in Section J.

L.4.1.4. Past Performance Instructions:

L.4.1.4.1. The Past Performance document shall consist of one (1) Adobe PDF document and be no more than two (2) pages in length.

L.4.1.4.1.1. No more than four (4) past performance references shall be submitted.

L.4.1.4.1.2. At a minimum, each reference shall include a contract number, dollar amount, period of performance, customer, location, and a current phone number and email for the current point-of-contact. It is the responsibility of the offeror to ensure the point-of-contact for each reference is available to be reached by phone during the days immediately following the past performance submission.

L.4.2. STEP 4 –Oral Presentation Instructions

L.4.5.1.1. Oral Presentation

L.4.5.1.1.1. The presentations will be held at FLETC Artesia which is located at 1300 West Richey Avenue, Artesia, NM 88210.

The order in which offers are scheduled will be randomly selected by the Government and all portions of the presentations will be recorded with the exception of the caucus amongst the offering contractor in the first hour and the Government caucus in the third hour.

L.4.5.1.1.2. The offering contractor’s attendees at the oral presentation may include up to three (3) persons. The Government desires at least two (2) of these individuals to be current employees of the prime contractor. The Government desires at least one (1) person who is proposed to fulfill a key personnel position.

L.4.5.1.1.3. For the one-hour caucus prior to the oral presentation, the

Government will provide contractors with a private room, letter-size paper, and writing materials. The contractor shall not bring any computers, tablets, or smart phones into the caucus room; and offerors shall not bring any electronic materials. The Contracting Officer will collect electronic materials if necessary. Written materials are permitted.

L.4.5.1.1.4. For the Oral Presentation, the Government will provide a white board easel and at least one (1) white board marker.

Offering contractors can expect the presentation to be conducted in a conference room with a table of sufficient size to accommodate the offering contractor’s three (3) people, the evaluators, and potentially government advisors/observers. The contractor shall not bring any computers, tablets, or smart phones into the oral presentation room, and shall not bring, present, or distribute any written or electronic materials. Notes created during the one-hour caucus along with other paper notes prepared prior to the oral presentation are allowed but may not be used for any type of visual presentation.

L.4.5.1.2. The Government intends for the oral presentation to proceed as follows—

L.4.5.1.2.1. FIRST HOUR. The Contracting Officer will share a standard set of technical questions to the offering contractor involving issues the offering contractor should reasonably expect on this contract. The Government evaluator will leave the room to allow the offering contractor’s attendees to caucus among themselves to review the information. The offering contractor may prepare notes during this time for its own use during the second hour.

Discussions

The Government intends to make an award based on initial proposals but reserves the right to hold discussions. Offerors are encouraged to ensure their initial proposal is their best and final.

Questions

L.6.1. Questions are due via email to the Contracting Officer by 9:00am MST on December

8, 2020; kathy.j.martin-asburay@fletc.dhs.gov.

(End of Section L) mailto:kathy.j.martin-asburay@fletc.dhs.gov.