Attach_19_SECTION_L_FA821223R0002.pdf

Updated 28JAN2023 LGE

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SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FA8212-23-R-0002

1. INTRODUCTION.

a. This section provides guidance for preparing proposals and specific instructions on the required format and content. To assure timely and equitable proposal evaluation, offerors shall propose in accordance with this section and all solicitation requirements (i.e. provisions, clauses, appendices, attachments, forms, etc.). Non-conformance with the instructions provided in this section or the requirements and statements of the solicitation may result in a proposal disqualification (i.e. the offeror was non-responsive to all of the required delivery times).

b. The Government representative, the Procurement Contracting Officer (PCO) identified below shall be the sole points of contact for this acquisition. All questions, comments, and/or concerns shall be directed to the below points of contact.

Procurement Contracting Officer (PCO) Leslie Evans 6050 Gum Lane, Bldg 1215 Hill AFB, UT 84056 EMAIL: Leslie.Evans.1@us.af.mil Tel: 801-888-4549

c. If an offeror believes that the solicitation contains errors, omissions, or is otherwise unsound the offeror shall immediately e-mail the PCO with supporting rationale. Upon consideration the Government may continue, amend, extend, or cancel the solicitation

d. IAW 5.207(c)(16), Synopsis Description, All responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency. In addition, the offeror does not have to be technically qualified to receive the award.

e. The Government reserves the right to award this effort based on initial proposals, as received,without discussions IAW FAR 52.215-1. However, if the PCO determines that entering into discussions is in the best interest of the Government, the PCO may do so.

2. PROPOSAL FORMAT AND CONTENT.

a. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

b. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications. Failure to properly meet all of the solicitation terms and requirements may result in an offer being determined ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

c. A single award contract will be awarded as an all or none basis; however, the Government reserves the right to award no contract at all.

d. Only one (1) proposal per offeror will be considered. The offeror shall complete the solicitation as part of their bid, including the clause fill-ins, and sign and date the solicitation/RFP and its amendments. The RFP includes the solicitation and all its amendments (if applicable). In doing so, the offeror accedes to the contract terms and conditions as written in the RFP/ bid. The offeror agrees to hold its signed bid/offer firm for 60 days and that mailto:Leslie.Evans.1@us.af.mil

2 | 4 P a g e s their bid constitutes the model contract. Submit one copy via e-mail to the Contracting Officer at leslie.evans.1@us.af.mil.

e. All offers shall bid IAW the required delivery times (or lesser proposed times). For the offeror’s bid to be considered, the bid shall meet all of the Govt’s requirement to include the required delivery times. The offeror may propose delivery schedules that are less than the Govt’s required delivery times for consideration. The bid must be supported by submitting realistic milestone schedule(s).

f. All offers shall bid IAW the contract terms and conditions of the contract type - Firm-Fixed Price (FFP) 5 Year Indefinitely Delivery/ Indefinite Quantity (IDIQ) – Single Award. Below are the terms and conditions of a Firm- Fixed Price contract type;.

FAR 16.202-1, Firm-Fixed Price Description, “A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.”

FAR 16.202-1, Firm-Fixed Price Description does not allow the Govt to grant relief nor the Contractor the right to request relief “on the basis of the contractor’s cost experience in performing the contract.” This contract type places upon the contractor MAXIMUM risk and FULL responsibility for ALL costs, even at a loss of profit for underbidding cost and/time based on the market conditions

g. Representations and certification shall normally be certified using ORCA per FAR 52.204-8. However, where specified complete necessary fill-ins and certifications in Sections I through K. Offeror shall submit all pages that require a fill-in.

h. Class Deviation 2023-O0001 Verification of Eligibility of Small Business Joint Ventures

“A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) (Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

These procedures implement the final rule for FAR case 2017-019, Policy on Joint Ventures, published on September 23, 2022, at 87 FR 58219, and effective on October 28, 2022, which added new representations to paragraph (c) of FAR solicitation provisions 52.212-3 and 52.219-1 for small business joint ventures for the socioeconomic categories listed above.”

3. PROPOSAL PRICE(S).

a. Total Evaluated Price (TEP). The offeror shall calculate and present in the proposal the total value of all the CLIN and proposed the maximum IDIQ value. The IDIQ maximum value represents the TEP.

b The TEP represents the maximum IDIQ value. The offeror is required to present in the CLINs, the CLINs total value or price, not just the unit prices. The offeror is responsible for calculating their proposed maximum IDIQ value and presenting this amount on page 1 of the proposal so that there is clear meeting of the minds. The TEP or

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IDIQ maximum value is calculated by adding the proposed total prices for each of the minimum quantity CLINs + the maximum value of CLIN 0003, Best Estimated Quantity (BEQ). The maximum value of CLIN 0003 is calculated by multiplying the highest unit price proposed in CLIN 0003 x 48EA (BEQ). This is required to determine the IDIQ’s maximum value because the Govt’s demand may require the Govt to order all 48EA BEQ during the fiscal year with the highest unit price and the contract price must account for this.

c. Pricing First Articles. The requirement is for production articles and for a sample of the production articles, a First Article. If the offeror intends to submit a first article waiver the offeror shall do so well in advance before the RFP closes so that the Government has reasonable time to process the waiver and the offeror has sufficient time to submit a reasonable bid. If the First Article is waived pre-award, the first article becomes part of the production articles with the same delivery terms and unit price(s) as the production articles and thus, the offeror shall quote as such. If the first article is waived post-award a contract modification will be required to correct the unit price(s) and delivery terms to be the same as the production articles. However, the Total Evaluated Price will not change post-award because the TEP analysis is based on pre-award pricing only.

d. The Contractor shall offeror prices that are reasonable and balanced so as to not jeopardize the USAF mission and National Security. The proposed price(s) shall not be significantly overstated or understated considering the market conditions that it puts the program at risk and the Contractor at a default of performing under FFP contract type agreement. If the PCO determines that adequate price competition of reasonable offerors was not received the Govt may cancel the requirement or change the set-aside on the existing requirement and re-solicit the effort.

e. If Adequate Price Competition Not Received - Only One Acceptable Offer. Based on market research the Contracting Officer has determined there is a high probability of receiving competitive pricing, schedule, and delivery and within scope of the acquisition. Upon examination of the offerors, the Contracting Officer will review this determination and if, in the Contracting Officer's determines adequate competition exist, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the Contracting Officer determines that adequate competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the price is fair and reasonable. If only one proposal is received the procedures in DFARS 215.371 Only One Offer will be followed.

4. COMMPLETE BID PACKAGE. In order to have a complete bid the offeror must have the following in their bid package:

a. Solicitation completed and signed.

b. All RFP amendments page 1 signed.

c. Milestone schedules for all of the Govt’s required delivery times in a format that clearly demonstrates that the offeror can meet the requirement. The format must allow the milestone schedules to be attached to SECTION J of the contract.

d. Higher level certification AS9100.

e. The offeror shall complete and submit a signed DoD Contractor Responsibility Determination Questionnaire with supporting documents if mentioned. As part of the response the offeror shall submit current and recent (past 12 months) of performance record(s). By the offeror providing the Govt’s records this gives the offeror the opportunity to dispute the Govt’s records with their own record as part of their proposal that will be considered:

(1). From Govt source(s). For example, DCMA office and Contractor Supplier Risk Report from the Supplier Performance Risk System (SPRS) via Procurement Integrated Enterprise Environment (PIEE.eb.mil).

(2). From the Manufacturer. At the minimum, the manufacturer’s record must show for the past 12 months all of the Department of Defense contracts that were terminated or cancelled due to the

4 | 4 P a g e s manufacturer’s failure to perform. The manufacturer will list the contract number with modification number that terminated/cancelled the contract, its effective date, the reason for the manufacturer’s failure, and their implemented cure(s) for each contract to meet the required delivery times and to avoid such failures in the current and future DoD contracts. The manufacturers performance record that shows on-time delivery (OTD) rate and quality rate, if available.

5. The Govt has the right to extend, amend, or cancel the solicitation at any time.

6. Award shall be made on All or None basis.

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS