ATEPS II Draft SIR_Sections L - M - 02.28.23.pdf

DRAFT

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

SECTION L – Instructions, Conditions, and Notices to Offerors

TABLE OF CONTENTS

SECTION L – Instructions, Conditions, and Notices to Offerors

L-1 AMS 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY

REFERENCE (JULY 2019)

L.2 FAA AMS CLAUSES AND PROVISIONS PROVIDED IN FULL TEXT

L.3 GENERAL INFORMATION

L.3.1 Government Point of Contact

L.3.2 Projected Acquisition Schedule

L.3.3 Completeness/Compliance with Instructions

L.3.4 Offeror Statements

L.3.5 Expenses Related To Offeror Submission

L.3.6 Equal Access to Information L.3.7 Notice of Intent to Withdraw Proposal

L.3.8 Participation of Non-Government Personnel

L.4 COMMUNICATION WITH OFFERORS

L.4.1 Questions, Concerns, and Clarifications

L.5 TIME, DATE, PLACE, AND SUBMISSION OF PROPOSALS

L.5.1 Late submissions, Modifications, Withdrawals of Offers

L.6 CHANCE FOR CONTRACT AWARD

L.7 NUMBER OF AWARDS

L.8 PROPOSAL GENERAL INSTRUCTIONS

L.8.1 Proposal Limit

L.8.2 Period of Offer

L.8.3 False Statements

L.8.4 Proprietary Data/ Restricted Disclosure

L.8.5 Notification of Discrepancies, Exceptions, Deviations, and Assumptions

L.8.6 Legally Binding Proposals

L.9 PROPOSAL SUBMISSION AND DEVLIERY REQUIREMENTS

L.9.1 Proposal Formatting

L.9.2 Disposition of Proposals

L.9.3 Proposal Documentation

L.9.3.1 Section 1 - Solicitation, Offer, and Award (SF 33)

SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

L.9.3.2 Section 2 - Contractor Submittal Letter

L.9.3.3 Section 3 - SIR Section K, Representation, Certifications, and Other Statements of Offeror

L.9.3.4 Section 4 - Small Business Subcontracting Plan (Large Business Offerors Only)

L.9.3.5 Section 5 - Mentor – Protégé Program

L.9.3.6 Section 6 - Organizational Conflict of Interest Mitigation Plan

L.9.3.7 Section 7 – Supplementary Information

L.10 PROPOSAL VOLUME REQUIREMENTS

L.10.1 Technical Approach – Volume 1

L.10.2 Staffing Approach – Volume 2

L.10.3 Management Approach – Volume 3

L.10.4 Past Performance – Volume 4

L.10.5Price Proposal – Volume 5 L.10.5.1 Section 1 - Price Proposal Narrative

L.10.5.2 Section 2 - Price Proposal Bid Model L.10.5.3 Section 3 - Information Regarding Financial Capability

L.11 SECTION L - ATTACHMENTS

SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

SECTION L – Instructions, Conditions, and Notices to Offerors

L-1 AMS 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 Offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractClauses.cfm.

(End of Clause) Table L-1: Referenced Clauses

Clause Title 3.2.2.3-1 False Statements in Offers (July 2004)

3.2.2.3-6 Submittals in The English Language (September 2020) 3.2.2.3-7 Submittals in U.S. Currency (September 2020) 3.2.2.3-11 Unnecessarily Elaborate Submittals (July 2004) 3.2.2.3-12 Amendments to Screening Information Requests (July 2004) 3.2.2.3-13 Submission of Information/Documentation/Offers (July 2004) 3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of Submittals (April 2018) 3.2.2.3-15 Authorized Negotiators (July 2004) 3.2.2.3-16 Restricting, Disclosing and Using Data (July 2004) 3.2.2.3-17 Preparing Offers (July 2004) 3.2.2.3-18 Prospective Offer’s Request for Explanation (March 2009) 3.2.2.3-19 Contract Award (July 2004) 3.2.4-25 Single or Multiple Awards (April 1996)

L.2 FAA AMS CLAUSES AND PROVISIONS PROVIDED IN FULL TEXT

AMS 3.2.2.3-20 Offers (January 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.

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

SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

(d) Send your offer to: 9-AFN-ACQ-ATEPSII@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.”

(End of Provision)

AMS 3.2.4-1 Type of Contract (April 1996) The FAA contemplates the award of multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, under which Time and Materials (T&M) or Firm Fixed Price (FFP) Task Orders (TOs) may be placed.

(End of Provision)

AMS 3.6.1-17 North American Industry Classification System (NAICS) Code (October 2022)

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

541330 - Engineering Services (Exception) Military and Aerospace Equipment and Military Weapons.

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 $47 million.

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

(End of Provision)

AMS 3.9.1-3 Protest (January 2020)

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 mailto:9-AFN-ACQ-ATEPSII@faa.gov

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors 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 calendar 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 calendar 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:

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

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 to 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 to the Contracting Officer and other designated official(s).

(h) Additional information and guidance about the ODRA dispute resolution process for protests can be found on the ODRA Website at http://www.faa.gov.

(End of Provision)

L.3 GENERAL INFORMATION

This section of the Federal Aviation Administration (FAA) Air Traffic Engineering and Program Support (ATEPS II) SIR provides instructions, conditions, and notices to Offerors.

L.3.1 Government 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 in writing via e-mail.

L.3.2 Projected Acquisition Schedule The projected acquisition schedule for this SIR is provided in Table L-2 below. Acquisition milestones are provided for information purposes only and are subject to change.

The FAA expects to award to at least One (1) Unrestricted Large business, at least One (1) small business, and at least Three (3) Small Disadvantaged Businesses (SDB). As a result, there is a potential for multiple contract award dates.

http://www.faa.gov/

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

Table L.3.2: Milestone Schedule

Milestone Date

Release Draft SIR II (Sections L&M) to Industry 02/28/2023 Release FINAL SIR to Industry Summer 2023

Questions Due from Industry Summer 2023 Responses to Questions Posted on Sam.gov Summer 2023

Offeror Proposal Submission Date Summer 2023 Unrestricted Business Contract Award(s) TBD

Small Business Contract Award(s) TBD Small Disadvantaged Business (SDB) Contract Award(s) TBD Small Disadvantaged Business (SDB) Contract Award(s) TBD Small Disadvantaged Business (SDB) Contract Award(s) TBD

L.3.3 Completeness/Compliance with Instructions

The FAA reserves the right to award a contract based on initial offers received, without discussions or negotiations of such offers. 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 noncompliance 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.3.4 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 Section H Clauses in order to bind the Offeror to any specific representation made to the FAA.

Any inconsistencies between the technical and cost 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

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors 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.3.5 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 SAM website for updates. All questions and comments will be answered via an amendment to this solicitation and provided to all Offerors.

Questions will not be attributed to any particular vendor.

L.3.7 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 3.2.2.3-14, Late Submissions, Modifications, and Withdrawals of Submittals. Offerors may withdraw proposals by written notice to the CO (in hardcopy or electronic with electronic signature) or in-person, by the Offeror, or by an authorized representative.

L.3.8 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 ATEPS II solicitation:

(a) Concordant, LLC

(b) PolyCon Solutions, LLC

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

The exclusive responsibility for source selection will remain with the Government.

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

L.4 COMMUNICATION 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 particular aspects of the competition, to negotiate as appropriate the terms and conditions of the proposed contract, or to seek additional information regarding Offerors’ submissions.

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 as a result 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.4.1 Questions, Concerns, and Clarifications Offerors are instructed to direct general questions, concerns, and clarifications to the CO, via e-mail, at 9-AFN-ACQ-ATEPSII@faa.gov. All Offeror questions, concerns and clarification request specific to the SIR must be made in writing and submitted to the CO via 9-AFN-ACQ- ATEPSII@faa.gov no later than Date TBD at 2:00 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 inquiries must be submitted in the form of a question using the Table L-4.1 provided below.

(a) The FAA will respond to questions with a posted response on the Sam.gov website; however, the FAA will not identify sources of the questions. 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) Written inquiries received within this timeframe will be answered in writing and posted to the

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

Sam.gov website on or prior to Date TBD. The source of written inquiries will not be identified.

(c) 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.

Table L.4.1: Clarification Format

Subject: SIR No. XXXXX

# Question SIR Section

Section Name

Section Number

Page Number

L.5 TIME, DATE, PLACE, AND SUBMISSION OF PROPOSALS

(a) Place: All Offeror submissions to this SIR must be made via email to:

ATTN: Lasondia Draper Subject: Response for SIR # XXXXX-XX-X-XXXXX Contracting Officer, AAQ-410 Email: 9-AFN-ACQ-ATEPSII@faa.gov

(b) Time And Date: Proposals must be received by the FAA in electronic format no later than TBD at 2:00 PM Eastern Time. Offerors must request receipts for proposals if desired.

Proposal Submission: For the purpose of 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.5.1 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.

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 or by TBD 2:00 P.M. ET one calendar day prior to the specified date into the FAA infrastructure. Proposals received by the Government after the specified deadline will be considered late and will be excluded from evaluation and, ineligible for award.

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

(b) 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.

DO NOT WAIT UNTIL THE FINAL DAY/HOUR TO SUBMIT YOUR PROPOSAL.

L.6 CHANCE FOR CONTRACT AWARD

If at any point during the evaluation of offers, the FAA concludes, based on information submitted by an Offeror, that the Offeror does not have a reasonable chance for contract award, then that Offeror will be rendered no longer eligible for award and will be eliminated from further consideration. Any Offeror eliminated from further consideration will be officially notified in writing.

L.7 NUMBER OF AWARDS

The Government contemplates awarding more than one contract under this solicitation but may elect to award only one or, not to make any award.

(a) Awards to Unrestricted Large Business(es) will be made based on the scope of work contained in Sections C.4.1 through C.4.20.

(b) Awards to Small Business(es) will be made based on the scope of work contained in Section C.4.21, Strategic Planning Support, and Section C.4.22, Management, Planning and Integration Support.

(c) Awards to Small Disadvantaged Business(es) (SDB) will be made based on the scope of work contained in Section C.4.23, Business Management Support; Section C.4.24, Risk, Issue, and Opportunity (RIO) Management Support; and, Section C.4.25, Communications Support.

L.8 PROPOSAL GENERAL INSTRUCTIONS

The Offeror must comply with all instructions in Section L when developing proposals. Proposals must conform to all incorporated AMS clauses and be prepared in accordance with this section.

Offerors must ensure that the proposal satisfies the requirements specified in all SIR documents.

Offerors are instructed to submit only documentation that is relevant to the requirements of this SIR and to ensure that it is complete, concise, and includes sufficient supporting detail for evaluation and for substantiating the validity of stated claims. Offerors must clearly identify which task area to which they are proposing in response to the SIR for which they will serve as the prime Contractor or as a member of a teaming arrangement.

The proposal should not simply rephrase or restate the Government’s requirements, but rather it should provide convincing rationale for how the Offeror intends to meet these requirements.

Incomplete proposals or proposals that contain deviations may be excluded from further

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

Offerors should assume that the Government has no prior knowledge of their facilities, equipment, and experience and will base its evaluation solely on the information presented in their proposal.

The Government will not assume that an Offeror possesses any capabilities not expressly specified in the proposal.

Evaluators may not evaluate each Volume in numerical order, or concurrently with the rest of this Vendor's proposal. For this reason, Offerors are instructed to minimize cross-referencing to other volumes of their proposal, and not to assume the evaluation standard for one volume is met in another.

L.8.1 Proposal Limit The Government will not consider multiple proposals from a single company. Offerors must submit one proposal and clearly identify which task area to which they are proposing in response to the SIR for which they will serve as the prime Contractor or as a member of a teaming arrangement. Submission of multiple proposals by a single Offeror may result in that Offeror being disqualified from consideration for award.

L.8.2 Period of Offer Proposals must be binding for 250 calendar days from the solicitation closing date. An Offeror may propose for their offer to be binding for more than 250 calendar days; however, proposals binding for less than 250 calendar days may be deemed unacceptable. An offer allowing less than the Government’s minimum period of offer may be rejected.

L.8.3 False Statements In accordance with AMS Clause 3.2.2.3-1, False Statements in Offers, proposals must set forth full, accurate, and complete information, including attachments. The penalty for making false statements in proposals is described in 18 U.S.C. 1001.

L.8.4 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 (July 2004).”

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.8.5 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.

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

In addition, Offerors are instructed to explicitly document within their proposal all exceptions and 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.

L.8.6 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.9 PROPOSAL SUBMISSION AND DEVLIERY REQUIREMENTS

Specific proposal volume requirements are defined in Table L-9:

Table L.9: Proposal Volume Requirements

Volume

Volume Title & Subtitles

Page Limit Format File Naming Convention

1 TECHNICAL

APPROACH (L.10.1) 45

Factor 1 - SOW Size, Scope and Complexity Description GO/NO- GO (Only Applicable to tasks C.4.1 through C.4.20)

Factor 2 – Core Capabilities

Factor 3 – Mission Alignment

Offeror Name-ATEPS II- Vol # - Vol Name Example: ABC Company- ATEPS II- Vol 1- Technical Approach

STAFFING

APPROACH

(L.10.2)

(Resumes must be no longer than three (3) pages each and are excluded from the page count)

Factor 1 – Staffing, Recruitment, and Workforce Development

Factor 2 – Skill Mix of Key Personnel

Factor 3 – Team Structure and Experience

Factor 4 – Technical Experience

Offeror Name-ATEPS II- Vol #- Vol Name Example: ABC Company- ATEPS II- Vol 2- Staffing Approach

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

3 MANAGEMENT

APPROACH (L.10.3) 45

Factor 1 – Transition Approach

Factor 2 – Task Order Management

Factor 3 – Subcontract Management

Factor 4- Risk Management

Offeror Name-ATEPS II- Vol #- Vol Name Example: ABC Company- ATEPS II- Vol 3- Management Approach

PAST

PERFORMANCE

(L.10.4)

(excluding surveys)

Factor 1 – Past Performance Narrative

Factor 2 – Past Performance Customer Surveys or

CPARS

Performance Assessments

Offeror Name-ATEPS II- Vol #- Vol Name Example: ABC Company- ATEPS II- Vol 4- Past Performance

5 PRICE PROPOSAL

(L.10.5) N/A Volume 5 is NOT

RATED

Offeror Name-ATEPS II- Vol #- Vol Name Example: ABC Company- ATEPS II- Vol 5- Price Proposal

L.9.1 Proposal Formatting

(a) With the exception of the Volume 5, Price Proposal, 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.

(b) Pages should 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.8.4, Proprietary Data/Restricted Disclosure. The proposal pages must be numbered sequentially.

(c) Offerors must prepare their proposals as set forth in the Proposal Volume Requirements Table.

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: Volume covers, title pages, prime Contractor submittal letter, tables of contents, lists of figures, glossaries, acronyms, and abbreviation lists associated with each volume.

(d) Pricing information must not be included in any volume other than Volume 5 (Price).

(e) All proposal volumes and sections within each volume must be clearly identified. Each volume

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors must be organized such that an extensive search of the proposal is not necessary for its review.

Information not in its appropriate section and not appropriately referenced may be assumed to have been omitted. Each section within a volume must be consecutively numbered.

(f) 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.

(g) Electronic files must be saved in Microsoft Office Suite 2016 format or compatible versions of Microsoft Office. Files larger than 10Mb must be split into multiple, smaller files to ensure they are received by the FAA.

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

“Offeror Name_ATEPS II Proposal_Volume #_Volume Name” Example: ABC Company_ATEPS II Proposal_Volume 1_ Technical Approach

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

(j) 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.

(k) 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.

(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).

L.9.2 Disposition of Proposals Proposal files will not be returned, and a copy of each proposal will be retained in the official contract file.

L.9.3 Proposal Documentation The Offeror must provide proposal documentation which includes required representations, certifications, other statements of the Offeror, and other administrative information.

L.9.3.1 Section 1 - Solicitation, Offer, and Award (SF 33) 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.

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

The Offeror must complete all required fill-ins under the “Offeror” section of the SF 33.

L.9.3.2 Section 2 - Contractor Submittal Letter A prime Contractor submittal letter is required on the first page of your offer and must include the following:

• SIR Number,

• Name and address of Offeror,

• Name and telephone number of your point-of-contact,

• Name of your contract administration office (if available),

• Date of submission,

• Name, title and signature of authorized representative,

• Unique Entity ID Number and Cage code, and

• Taxpayer Identification Number.

Offerors are instructed to sign the offer and, print or type their name on the submittal letter and on each continuation sheet. The person signing the offer must initial all erasures or other changes.

The person signing the offer must have the authority to sign and bind the Offeror.

Where signatures are required, the electronic format must comply with AMS 3.1.9-1 Electronic Commerce and Signature (Jul 2020).

Each proposal must include any exceptions, deviations and/or assumptions which identify and explains, in detail, any non-price related exceptions, deviations, or conditional assumptions taken with the requirements of the SIR. Pricing related exceptions, deviations, or assumptions must be clearly identified in L.10.5, Price Proposal.

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

L.9.3.3 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 and Small Disadvantaged Businesses are required to ensure that representations and certifications are current and complete in SAM.GOV prior to proposal submission.

L.9.3.4 Section 4 - Small Business Subcontracting Plan (Large Business Offerors Only) This volume is only applicable to prime Contractors that are large businesses.

Each Offeror that is a large business must provide a detailed subcontracting plan that fulfills all requirements contained within FAA AMS Clause 3.6.1-4, Small Business Subcontracting Plan

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

(October 2022).

Minimum FAA subcontracting goals for the ATEPS-II program are as follows:

• At least twenty percent (20%) of the total planned subcontract dollars must be allocated to small businesses,

• At least twelve percent (12%) of the total planned subcontract dollar value must be allocated to Small Disadvantaged Businesses (SDB).

These goals will apply over the full life of the contract, including the base period and each exercised option period. This requirement does not apply to prime Offerors which are themselves small businesses. Teaming agreements for subcontractors are to be submitted with this section.

Offerors may submit an ATEPS II-unique subcontracting plan or may make use of their corporate or other Government approved commercial subcontracting plan. If an existing plan is submitted, it must meet the FAA minimum goals stated herein. Any corporate or other Government approved commercial 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.9.3.5 Section 5 - Mentor – Protégé Program This volume is only applicable to prime Offerors that are proposing, as part of performance under this SIR, participation in the FAA Mentor Protégé Program. To act as a protégé a firm must meet the requirements specified in the FAA SBO website: Small Business Office (SBO): Mentor Protégé Program (faa.gov)

(a) If applicable, the Offeror must submit the following information:

• The number of proposed Mentor-Protégé arrangements,

• Data on total number of dollars of subcontracts awarded under FAA prime contracts within the past two (2) years and the number and dollar value of such subcontracts awarded to entities defined as protégés,

• Information on the proposed types of developmental assistance and estimated costs associated with the proposed assistance, and

• For each proposed Mentor-Protégé relationship include information on the company’s ability to provide developmental assistance to the identified protégé firm and how that assistance will potentially increase contracting and subcontracting opportunities for the protégé firm, including contracting and subcontracting opportunities in industry categories where these entities are not dominant in the company’s current business base.

(b) If applicable, the Offeror must submit a Mentor-Protégé Agreement containing the following:

• Name and address of mentor and protégé firm(s) and a point of contact within both firms who will oversee the agreement,

• Procedures for the mentor firm to notify the protégé firm, SBDO, and the Contracting Officer, in writing, at least thirty (30) calendar days in advance of the mentor firm’s intent to voluntarily withdraw from the program, https://sbo.faa.gov/Inline.cfm?PageName=Mentor%20Prot%C3%A9g%C3%A9%20Program https://sbo.faa.gov/Inline.cfm?PageName=Mentor%20Prot%C3%A9g%C3%A9%20Program

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

• Procedures for a protégé firm to notify the mentor firm in writing at least thirty (30) calendar days in advance of the protégé firm’s intent to voluntarily terminate the Mentor- Protégé agreement. The mentor must notify the SBDO and the Contracting Officer immediately upon receipt of such notice from the protégé,

• A description of the type of developmental program that will be provided by the mentor firm to the protégé firm, to include a description of the subcontract work, and a schedule for providing assistance and criteria for evaluation of the protégé’s developmental success,

• A listing of the number and types of subcontracts to be awarded to the protégé firm,

• Program participation term,

• Termination procedures,

• Plan for accomplishing work should the agreement be terminated, and

• Other terms and conditions, as appropriate.

(c) To the extent that the proposed plan goals deviate from the above goals, the Offeror must provide a detailed justification/rationale for the proposed goals. Proposed goals must apply over the life of the contract, including the base period and each option period.

The Offeror should contact the FAA if assistance is needed:

Point of Contact: Lelanie Rivera Federal Aviation Administration (FAA) Seattle Headquarters Small Business Program Lelanie.Rivera@faa.gov | (206) 231-3021 2200 S 216th Street | Des Moines, WA 98198-6547

The Mentor Protégé plan template will be provided to an Offeror upon request. Offerors may access detailed information related to FAA’s Small Business Development Program at the following website address: https://www.sbo.faa.gov/home.cfm.

L.9.3.6 Section 6 - Organizational Conflict of Interest Mitigation Plan The Offeror must complete the required fill-in portions of Section I, Contract Clauses, 3.1.7-6 Disclosure of Certain Employee Relationships and include Section I in the offer.

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 necessarily limited to conflicts of interest described in FAA AMS Clauses 3.1.7-1, 3.1.7-2, 3.1.7-4 and 3.1.7-5.

As appropriate and applicable, Offerors must submit an organizational conflict of interest (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,

(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 mailto:Lelanie.Rivera@faa.gov https://www.sbo.faa.gov/home.cfm.

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors task order specific OCI mitigation plans where appropriate.

L.9.3.7 Section 7 – Supplementary Information As applicable, each Offeror must submit supplementary information, such as:

• The name and phone number for the Defense Contract Audit Agency Office that conducted the most recent audit of its financial and accounting systems.

• Information regarding facility clearances. This SIR does not have a mandatory minimum requirement for facility clearances. However, Offerors should note that future task orders may include security requirements based upon the nature of the planned efforts. To receive such work, Offerors (including subcontractors, if applicable) must be capable of receiving a facility clearance.

L.10 PROPOSAL VOLUME REQUIREMENTS

L.10.1 Technical Approach – Volume 1 Volume 1 must describe the Offeror’s technical approach to meeting the Government’s requirements. Volume 1 must address Factors 1, 2 and 3 as defined below. Offerors must identify risks and benefits throughout their proposal responses. The Offeror must identify areas of risk associated with the described approaches, plans, and must proposed mitigation strategies. The Offeror must demonstrate its technical understanding of, capabilities and expertise in, and experience to effectively and efficiently perform the ATEPS II requirements.

Offerors or teams must demonstrate that their capability and experience is relevant to the following factors:

• Factor 1 – SOW Size, Scope and Complexity Documentation GO/NO-GO (Only Applicable to unrestricted proposal submission for tasks 1-20). Offerors must submit relevant past experience through a single project that encompasses all types of experience in managing or performing Section C functional task areas C.4.1 through C.4.20 or, through a combination of projects that together show that work has been accomplished is consistent in size, scope and complexity to the Section C functional task areas C.4.1 through C.4.20.

The Offeror must submit no more than three (3) narrative project descriptions to highlight the similarities between their past experience and task areas C.4.1 through C.4.20. The narrative project descriptions must include:

1. The time period of the project,

2. The scheduled and actual completion dates,

3. Total dollar value of the effort, including all option periods,

4. Staff-months expended,

5. The contractor’s responsibilities,

6. Scope of Services provided,

7. Total count of contractor support staff provided as a value of FTEs,

8. Total number of programs, systems or projects supported,

9. Total number of Federal employees supported,

10. Geographic location of services provided, ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors

11. For reference purposes, a customer name (including the name of a contact person, a current telephone number, and e-mail address), and

12. Identify whether the work was performed as the prime contractor or as a subcontractor.

If a Contractor performed as the prime contractor, the description must provide the originally scheduled completion date and budget, as well as the actual (or currently planned) completion date and actual (or currently planned) budget.

Contractor and subcontractor(s) experience must be listed separately. Narrative descriptions submitted for subcontractors must be specifically identified as subcontractor projects. Primes must identify the number of subcontractor companies and subcontractor employees (as a value of FTEs) provided in support of the effort.

• Factor 2 – Core Capabilities. Offeror must describe their breadth and depth of knowledge in the ATEPS II Core Capability areas, described in Section C.3. The Offeror must provide a narrative detailing their experience for each Core Capability.

Breadth refers to the extent that the prime Offeror or members of its team exhibit knowledge or experience with the range of Core Capabilities. Depth refers to the amount of knowledge or experience the Offeror or members of its team exhibit within an individual Core Capability area.

• Factor3 – Mission Alignment: Offerors must provide an executive summary of the Offeror’s proposed Team and include a matrix with supporting narrative that summarizes the Team’s ability to support the complete list of ATEPS II Core Capabilities.

The Offeror must describe the team’s knowledge and understanding of the FAA supported programs identified in Attachment J-2; demonstrate their ability to support the Functional Task Areas, identified in Section C.4, with knowledgeable resources; and demonstrate their ability to apply resources in manner consistent with directorate, group and program goals.

The proposal must detail the Offeror’s breadth and depth of NAS-relevant experience in relation to the functional task requirements of the SOW (i.e., Section C.4).

L.10.2 Staffing Approach – Volume 2 Volume 2 must describe the Offeror’s staffing approach to meeting the Government’s requirements. Volume 2 must address Factors 1 through 4 as defined below. Offerors must identify risks and benefits throughout their proposal responses. The Offeror must identify areas of risk associated with the described approaches or plans and must propose mitigation strategies.

• Factor 1 – Staffing, Recruitment, and Workforce Development Offeror must describe their proposed approach for staffing, recruitment, and workforce development to ensure recruitment and retention of qualified personnel with difficult-to-obtain skill sets which builds an efficient and effective team supporting multiple task orders. The proposal must describe the Offeror’s:

ATEPS II Screening Information Request (SIR) Part IV-Representations and Instructions SIR No. XXXX Section L – Instructions, Conditions, and Notices to Offerors o Strategies to identify, recruit and retain qualified personnel, o Strategy for acquiring difficult-to-obtain skill sets, o…