ADDENDUM TO FAR 52.212-1 & 52.212-2.pdf

ADDENDUM TO FAR 52.212-1

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services

(NOV 2021)

A. Request for Proposals Submittal and Inquiries:

A.1. The Offeror shall provide the following information:

Company Name:

Company Address:

Point of Contact:

Phone Number:

Email Address:

Unique Entity Identifying Number:

CAGE Code:

Tax Identification Number:

A.2. This Request for Proposal (RFP) is issued as a commercial acquisition using Federal Acquisition Regulation (FAR) 13 Simplified Acquisition Procedures (SAP). The government anticipates award of a firm fixed priced contract from this RFP. The timeline for the following solicitation is as follows:

i.Questions due: 26 November 2024 at 1:30 PM EDT (Fort Knox Local Time) ii.Answers to Questions: 29 November 2024 at 1:30 PM EDT (Fort Knox Local Time) iii.Close of Solicitation: 19 December 2024 at 11:00 AM EDT (Fort Knox Local Time)

B.3. The Mission and Installation Contracting Command (MICC) – Fort Knox primary point of contact responsible for providing information and responding to inquiries is the Contract Specialist (CS). The CS is Wesley Dowell and can be contacted at (502) 624-6853, or via email at wesley.e.dowell.civ@army.mil The alternate point of contact is the Contracting Officer (KO). The KO is Richard J. Torres and can be contacted at 502-624-2206, or via email at richard.j.torres.civ@army.mil

A.4. All offerors wishing to do business with the government must possess a valid Unique Entity ID (UEI) number, per SAM.gov, and shall be registered in the System for Award Management (SAM). Offerors shall register online at www.sam.gov. For assistance, offerors can call toll free (866) 606-8220. Offerors SAM registration must be active in order to be eligible for award. Offers containing a name and address (Block 17a of SF1449) different from that registered in SAM may be deemed ineligible for award. All amendments will be posted to the SAM.gov website at www.sam.gov. Offerors shall monitor the website. It is the offerors responsibility to acknowledge all amendments.

GENERAL INSTRUCTIONS:

B.1. Questions to this solicitation are due by e-mail to Wesley Dowell at wesley.e.dowell.civ@army.mil and Richard J. Torres at richard.j.torres.civ@army.mil on 26 November 2024 at 1:30 P.M. Eastern Time (Fort Knox, KY, Local Time) in order to allow a response prior to the proposal due date. Answers will be posted to SAM.gov. No remarks or written responses to questions by Government personnel shall change or qualify any of the terms or conditions of this Request for Proposal (RFP). This RFP can only be changed by formal written amendment issued by MICC – Fort Knox.

B.2. Proposals are due by e-mail to Wesley Dowell at wesley.e.dowell.civ@army.mil and Richard J. Torres at richard.j.torres.civ@army.mil in accordance with Block 8 of the solicitation (SF 1449) or as amended by the latest issued amendment. Submission time zone is Eastern Time (Fort Knox, KY, Local Time). Faxed or late proposals WILL NOT be accepted. Proposals shall accompany a full and complete copy of this SF 1449 with all included pages. Prospective contractors are reminded to fill out all portions of the SF 1449 to include the individual CLIN pricing. If a contractor does not intend to charge for a particular CLIN, they shall enter “$0.00” or “No Charge” in the pricing for that CLIN.

B.3. Due to Government exchange size limitations, we cannot receive individual e-mails that exceed 10 MB, including the e-mail itself plus all attachments. If your electronic proposal, including all attachments, is larger than 10 MB, you shall segment your proposal into a series of two (2) or more separate e-mails that individually are no larger than 10 MB. We cannot receive e-mails if they contain compressed attachments. Our security software blocks these types of e-mails.

B.4. Please note all dates are subject to change. All amendments to the solicitation will be posted to the SAM.gov website. Contractors are cautioned to check this website for amendments prior to the proposal’s submission due date and time.

B.5. Offeror shall be registered in System for Award Management (SAM) website at https://www.sam.gov prior to receipt of the proposal to receive an award. Offerors are reminded that failure to comply “shall render their proposal as non-acceptable.” The NAICS code shall be on the Offerors System for Award Management profile https://www.sam.gov prior to receipt of proposal to receive an award. Offerors are reminded that failure to comply “shall render their proposal as non-complaint with the terms and conditions of the solicitation.”

B.6. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of the Offerors' proposals. These instructions are provided in order to ensure a complete and thorough evaluation of the Offerors’ proposals. The selection of a source for award purposes will be conducted utilizing Federal Acquisition Regulation (FAR) 13 Simplified Acquisition Procedures (SAP) and following guidance at FAR

19.502 the requirement is solicited as unrestricted. Non-compliance with the Request for Proposal (RFP) requirements may hamper the Government's ability to properly evaluate the proposal and cause the Offeror’s proposal to be determined noncompliant and may result in the elimination of the proposal from further consideration for contract award.

B.7. The Offer. The submission of the documentation specified in FAR 52.212-1 and the Addendum 52.212-1 will constitute the Offeror’s acceptance of the terms and conditions of the RFP, understanding, and concurrence with the Performance Work Statement (PWS), and contract type. The Government intends to award a single contract as a result of this solicitation.

B.8. If an Offeror believes that the requirements in these instructions contain errors, ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the KO and CS in writing with supporting rationale.

B.9. All referenced documents (Technical Exhibits (TEs) and Attachments) for this solicitation are available on the website at https://sam.gov. Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

PROPOSAL PREPARATION INSTRUCTIONS

C. Proposal Format. This information shall be provided in the format below:

C.1. Proposal Content. Failure to follow the below Contract Proposal preparation instructions will cause your proposal to be deemed unacceptable by the Government.

C.2. SF 1449. Complete and sign Standard Form (SF) 1449 (Solicitation, Contract/Order for Commercial Items). An executed SF 1449 requires the Offerors to complete blocks 12, 17a (block 17a must include company name, address, telephone number, Unique Entity Identifier (UEI ), Tax Identification Number, Commercial and Government Entity [CAGE] code, and email address), 17b, 30a, 30b, and 30c, as applicable. Offer must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

C.3. Amendment(s) – if applicable. Complete and sign Standard Form 30, Amendment of Solicitation. Acknowledge receipt of all Amendments (SF 30) issued since the original solicitation (SF 1449) issue date, if any.

Acknowledgment is made by completing Blocks 8, 15a, 15b, and 15c and returning the signed amendment(s) as issued. Signed Amendment shall be returned to the contracting office at submission of proposals.

C.4. Representation, Certifications, and Other Statements of Offerors The Offeror shall provide a completed FAR Provision 52.212-3 (Offeror Representations and Certifications Commercial Items). If an Offeror has completed the annual representations and certifications electronically via https://www.sam.gov/, the Offeror shall complete only paragraph (b) of this provision. If an Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete paragraphs (c) through (v) of this provision.

C.5. If an offeror believes that the requirement in these instructions contains an error, ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the KO in writing with supporting rationale. The Offeror is reminded that the Government will award this effort based on the initial proposals, as received.

C.6. The government is not liable for any costs incurred by Offerors in submitting offer in response to this Request for Proposals (RFP). Offers from unsuccessful offerors shall not be returned to the offeror. In accordance with FAR Subpart 4.8, Government Contract Files, the government will retain one copy of all unsuccessful offer. Unless the offeror requests, otherwise, the government will destroy extra copies of unsuccessful offers. The government will not issue any certification of destruction.

C.7. The government will evaluate proposals in response to the Request for Proposals (RFP) without discussions and will award contract in accordance with FAR 13 SAP. Evaluation criteria is based on:

Pricing Data:

KEY POINT #1 - Offers shall submit by entering the unit price, unit amount and net amount of the SF 1449 Document.

KEY POINT #2 - There is no requirement to submit cost information. Offeror will be evaluated on price.

KEY POINT #3 - Offerors shall break out prices for all CLINS.

Past Performance: Offeror shall submit any past performance for jobs related to railroad operations that have occurred in the past three years. Please reference in proposal if records are already in Federal Awardee Performance and Integrity Information System (FAPIIS) or from Contractor Performance Assessment Reporting (CPARS) system.

C.9. All Large Businesses that entertain this requirement are required to submit a small business subcontracting plan to engage small businesses in the area, in compliance with FAR 19.704.

Small Business Participation Plan. (IF APPLICABLE- Large business or other than Small Business):

The Offeror shall demonstrate small business participation by detailing its proposed approach to meet the requirements under the Small Business Participation factor by addressing the following areas in its Small Business Participation Commitment Document:

-Proposed Small Business Participation Plan in performance of the potential contract.

-Commitment to Small Business -Payment Procedures -Compliance with Small Business Subcontracting Plans -Commitment to Small Business

The Offeror shall include a written statement of its established procedures to ensure timely payments to small business subcontractors in accordance with FAR 52.219-8, Utilization of Small Business Concerns (for those contracts under which it was required within the past three years from the closing date of this solicitation). If not required in any recent contracts, the Offeror shall so state.

End of Provision)

52.212-2 ADDENDUM - EVALUATION

The Basis for Award and Evaluation Criteria

Basis for Award. Before making award, the contracting officer must determine that the proposed price is fair and reasonable.

1. Synopsis of Solicitation.

This is This Request for Proposal (RFP) is issued as a commercial acquisition using FAR Parts 13- Simplified Acquisition Procedures. This solicitation is unrestricted and available on the open market. The government anticipates award of a firm fixed priced contract from this solicitation. The resulting contract will be awarded using Simplified Acquisition Procedures (SAP). Award to the offeror with the lowest price technically Acceptable (LPTA) that meets the requirements of the solicitation and is deemed responsible in accordance with the FAR 13.106. The low offer will be analyzed to determine if the offeror’s proposed price is fair and reasonable utilizing price analysis techniques in FAR 13.106-3(a). The award of any contract issued here under will be made to the aggregate to the lowest priced, responsive, responsible Offeror.

2. Determination of Awardee.

In determining the awardee, the Government will make a singular award, in accordance with FAR 13.106.

3. Evaluation Plan.

The Government will evaluate proposed prices for reasonableness using price analysis techniques. The Government anticipates adequate price competition for this commercial solicitation and will evaluate proposals in accordance with FAR 13.106-1 Proposal Analysis Techniques, and instructions indicated in FAR Clause 52.212-1 (Instructions to Offerors – Commercial Items) and its addendum. Unbalanced, unreasonably high, inaccurate, or incomplete proposal prices may be grounds for eliminating a proposal from the competition either on the basis that the Offeror does not understand the requirement or that the Offeror has made an unreasonable proposal. Proposals that fail to meet the requirements set forth in FAR Clause 52.212-1 and its addendum will be rated as unacceptable.

4. Award for All of the Work.

The Government intends to award a single contract as a result of this solicitation. Offers received for less than the stated number of items listed in this solicitation will be considered ineligible for award. The Government intends to evaluate proposals and award a contract without discussions with Offerors in accordance with FAR 52.212-2— Evaluation Commercial Items and Addendum to FAR 52.212-2. The Government reserves the right to conduct discussions if necessary.

5. Evaluation Criteria

Evaluation criteria consist of three evaluation factors:

Factor 1: Price

Factor 2: Small Business Participation Plan (If Applicable)

Factor 3: Past Performance

Please note that submission of the offeror’s small business participation proposal does not preclude the requirement in FAR Part 19.702 for submittal and approval of a Subcontracting Plan. Three (3) sub-factors will be evaluated under the Mission Capability (Technical) Factor.

6. Combined Technical Risk Ratings – Price.

Factor 1: Price.

Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106. Through these techniques the Government will determine whether prices are reasonable, complete and balanced. Through these techniques, the Government will determine whether prices are reasonable, complete, and balanced. Unbalanced Pricing may be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess performance risks. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government in accordance with FAR 15.404-1(g)(3). Proposals that fail to meet the requirements set forth in FAR Clause 52.212-2, Evaluation Factors- Commercial Items, will be rated as unacceptable.

The Government will evaluate proposals for the award by adding the total price of the base period and all options.

As part of the price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8 Option to Extend Services) by adding one-half of the Offeror’s final option period price to the Offeror’s total price.

Factor 2: Small Business Participation Plan (If Applicable)

Small Business Participation Factor Rating Definitions.

The Small Business Participation Factor will be evaluated by the SSEB Small Business Team using the following adjectival rating chart:

Table 2. Small Business Ratings

Rating Description

Acceptable Proposal indicates an adequate approach and understanding of the small business objectives.

Unacceptable Proposal does not meet small business objectives.

Factor 3: Past Performance.

Offerors will also be evaluated on past performance. Offerors are not required to submit information for past performance, this information will be retrieved from Federal Awardee Performance and Integrity Information System (FAPIIS) or from Contractor Performance Assessment Reporting (CPARS) system.

(End of provision)