Attachment 11 Section L.pdf

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Civil Engineering Building and Utilities Mechanical III (CE BUMP III) at Arnold AFB
Solicitation number
FA910123RB007
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This request for proposal solicits construction services for the Civil Engineering Building and Utilities Mechanical Program III at Arnold Air Force Base. Offerors are invited to bid on a multiple award indefinite delivery/indefinite quantity contract for construction and renovation projects over a five year ordering period. The total minimum guaranteed value is $100,000 with an anticipated maximum value of $10 million across all awarded contracts. Proposals are due by June 13, 2023 and should follow the organization requirements of Volume I for contract documentation, Volume II for past performance, and Volume III for pricing. The source selection will be based on best value considering past performance and price factors. A site visit will be held on May 22 to explain the seed project scope and contract terms.

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Section L - Instructions, Conditions, and Notices to Offerors

FA9101-23-R-B007

Attachment 11

SECTION L

INSTRUCTIONS TO OFFERORS

SECTION L

INSTRUCTIONS TO OFFERORS (ITO)

L-1.0. GENERAL INSTRUCTIONS TO OFFERORS

L-1.1. The proposal instructions in this section are designed to assist Offerors in preparing a complete response that reflects a full understanding of the approach proposed to accomplish all contractual requirements. Attachment 12, Section M details how proposals will be evaluated. Offerors are expected to comply with all requirements of the Request for Proposal (RFP).

L-1.2. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and past performance submission requirements, pricing submission requirements, in addition to those identified as factors or subfactors to be eligible for award. By submission of its offer, the Offeror consents and agrees to all solicitation requirements and identified constraints. Non-conformance with the instructions provided may result in an unfavorable evaluation, or rejection of an Offeror’s proposal, rendering it ineligible for award.

L-1.3. The Procuring Contracting Officer (PCO), Mr. Robert A. Greene, is the sole point of contact for this acquisition. Address any questions or concerns you may have to the PCO at robert.greene.17@us.af.mil and courtesy copy the Contract Specialist, Mr. Brad Laney at james.laney.3@us.af.mil.

L-2.0. SOURCE SELECTION METHODOLOGY

L-2.1. Competitive, Best Value Source Selection

The Government intends to award a Multiple Award Construction Indefinite-Delivery Indefinite-Quantity contract with a minimum of two (2) and up to five (5) contracts. The basic contracts will consist of firm-fixed-price (FFP) Contract Line Item Numbers (CLINs). The basic contracts will have a five-year period of performance, also known as ordering period.

L-2.1.1. Offerors Best Terms

The Government may award without discussions but reserves the right to enter into discussions.

Therefore, the Offeror’s initial proposal shall contain the Offeror’s best terms for Past Performance and

Price. If the Government contemplates award without discussions, the Offerors may be given the opportunity in accordance with (IAW) FAR 15.306 to clarify certain aspects of its proposal (e.g., the relevance of an Offeror’s past performance information (PPI) and adverse PPI to which the Offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors.

L-2.1.2. Competitive Range

If discussions are to be conducted, the PCO will establish a competitive range (as set forth in

FAR 15.306(c)) based on the ratings of each proposal against all evaluation criteria. If the PCO determines that an offeror’s proposal should not be included in the competitive range, the proposal will be eliminated from consideration for award and written notice of the decision will be provided to the unsuccessful offeror IAW FAR 15.503. If the PCO determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the PCO may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

L-2.1.3. Final Proposal Revisions (FPRs)

If discussions are deemed necessary with Offerors, upon completion of those discussions, the PCO will request that the Offeror provide a FPR. Revisions to any volume(s) shall be submitted by providing two hard copies, one “clean” copy, and one “track changes.”

The Offeror is advised that any changes to the proposal in the FPR shall be fully addressed and/or explained and reflected in the proposed price. Failure to comply with this requirement can adversely influence the evaluation of the proposal. The PCO will establish a common due date and time for submission of the FPR.

When FPRs are requested, any revisions or non-compliance with contract terms and conditions submitted in the FPR may not be subject to further discussions and may render the offer unacceptable for the

Government. This provision is not intended to restrict the Offeror’s opportunity to revise its proposal.

Rather, it is intended to preclude any misunderstandings by the Government that could result if new or revised terms and conditions submitted in the FPR have not been fully disclosed, discussed, and understood during discussions. Hence, such new or revised terms and conditions are not solicited and, if submitted in the FPR, may render the offer unacceptable to the Government.

L-2.1.4. Debriefings

The PCO will promptly notify offerors of the award decision. Unsuccessful Offerors may request a post-award debriefing IAW the requirements FAR 15.506 . The PCO will promptly notify offerors of any decision to exclude them from the competitive range; whereupon, they may request and receive a debriefing IAW FAR 15.505. Offerors excluded from the competitive range may request a pre-award debriefing or they may choose to wait until after the source selection decision to request a post-award debriefing. However, offerors excluded from the competitive range are entitled to no more than one debriefing for each proposal. The PCO will notify unsuccessful offerors in the competitive range of the source selection decision IAW FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing must make a request IAW the requirements of FAR 15.505 or 15.506, as applicable.

L-2.1.5. Discrepancies

If an Offeror believes that the requirements in these instructions contains errors, omissions, ambiguities, or are otherwise unsound, the Offeror shall immediately notify the PCO in writing with supporting rationale (no later than five business days after release this solicitation), as well as the remedies the

Offeror is asking the PCO to consider as related to the omission or error.

L-2.1.6. Evaluation Notices (ENs)

The Government may need to conduct written exchanges with Offerors which will be in the form of an

EN. Page format and limitations will be placed on responses to ENs in the event they are issued. The specified page limits for EN responses will be identified in the letters forwarding the ENs to the Offerors.

L-2.1.7. Request for Proposal (RFP) Revisions/Amendments

The Government reserves the right to revise or amend any portion of this solicitation. Such revisions or amendments will be available on www.SAM.gov using Standard Form (SF) 30. If such amendments require material changes, the proposal due date may be extended at the discretion of the PCO and by enough days to enable an Offeror to revise its proposal. In such cases, the amendment will include an announcement of the new proposal due date and time. The Offeror shall provide acknowledgement in

Block 15B of the SF30 of all solicitation amendments issued by the Government.

L-2.1.8. Electronic Reference Documents

All referenced documents for this solicitation are available on the System for Award Management (SAM) website at www.sam.gov. Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

L-2.1.9. Communications

Exchanges of source selection information between Government and Offerors will be controlled by the

PCO. Email may be used to transmit such information to Offerors only if the email can be sent and received encrypted and includes “Controlled Unclassified Information and Source Selection Information –

See FAR 2.101 and 3.104” in the Subject line. Otherwise, source selection information will be transmitted via other means as appropriate.

L-2.2. PROPOSAL CONTENT

To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and requirements, in addition to those identified as evaluation factors to be eligible for award. By submission of its offer, the Offeror consents and agrees to all solicitation requirements and identified constraints. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation, or rejection of an Offeror’s proposal, rendering it ineligible for award.

The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data 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 price competition no longer exists; Offerors may be required to submit cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The Offeror’s proposal shall include all of the information requested and shall comply fully with these

Section L instructions. Failure to do so may cause the Offeror’s proposal to be eliminated from consideration for award. Offerors are reminded to properly mark its proposal documents which contain proprietary or restricted information.

NOTE: IF THE PROPOSAL IS NOT RECEIVED BY THE DUE DATE/TIME SPECIFIED, THE

OFFEROR’S PROPOSAL IS CONSIDERED LATE IAW FAR 52.215-1.

The proposal acceptance period is specified in Block 17 of the solicitation. By signing in Block 20b of the SF1442, the Offeror acknowledges that the proposal is valid for a period of not less than 120 calendar days from the proposal due date. The Offeror shall make a clear statement in its cover letter (see L-

3.1.1.1.) that the proposal is valid until the applicable date as referenced above and in the solicitation.

L-2.3. PROPOSAL ORGANIZATION

In presenting material in the proposal, the Offeror is advised that quality of information is more important than quantity. Each Offeror shall submit one electronic copy for each volume. Include a cover sheet, clearly marked with the volume, title, RFP identification, and the Offeror's name. Apply all appropriate markings, including those prescribed IAW FAR 52.215- 1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and

Source Selection Information.

The Government requires proposal submissions be conducted via the Procurement Integrated Enterprise

Environment (PIEE) Solicitation Module, https://piee.eb.mil. No other proposal submission method is authorized.

To initiate the proposal submission through PIEE, the Offeror must register as a proposal manager.

Training on the solicitation module is available for proposal managers through PIEE. Subcontractors who have proprietary data and do not want to submit this data to the prime must submit it through PIEE.

Subcontractors will register as a proposal manager and create a separate proposal submission from the

Prime. Documents submitted by the Subcontractor directly to the Government must have the Prime

Contractor’s team name and RFP number on the first page of the document. Pre-coordination is critical to submission of a complete and timely proposal.

L-2.3.1. Organization/Number of Copies/Page Limits

L-2.3.1.1. The Offeror shall prepare the proposal as set forth in the Proposal Organization Table (Table L-

2.3.1.1-1 below). The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified in Table L-2.2.6.1-1. The

Offeror’s proposal shall consist of three separate volumes; Volume I – Contract Documentation, Volume

II – Past Performance Information, and Volume III - Price Proposal. The contents of each proposal volume are described in the ITO paragraph as noted in the table below.

L-2.3.1.2. Page Limitations. Page/character limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal; excess pages will be destroyed and the Offeror will be notified. Each page shall be counted except the following: cover pages, tables of contents, table of figures, glossaries, and dividers.

L-2.3.1.3. Page and Size Format

(a) A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12-point Times New Roman font. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use at least 1-inch margins on the top and bottom and ¾-inch side margins. Pages shall be numbered sequentially by volume. In the event the Offeror creates an ambiguity, the Government may exercise its own discretion in counting pages. These page size and format restrictions shall also apply to responses to ENs. These limitations shall apply to both electronic and hard copy proposals.

Table L-2.3.1.1-1: Proposal Organization

Volume

ITO

Paragraph

Number

Volume Title Copies (Electronic)

Maximum

Numbers of

Pages

I L-3.1 Contract Documentation (1/1) NA

II L-3.2 Past Performance Information (1/1) 20

III L-3.3 Price Proposal (1/1) NA

(b) Legible tables, charts, drawings, graphs, and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, and plans. These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. Foldout pages shall fold entirely within the volume, and count as a single page, i.e., information shall only be on one side of the page.

Foldout pages may only be used for large tables, charts, drawings, graphs, diagrams, and schematics, not for pages of text. For tables, charts, drawings, graphs, and figures, the text shall be no smaller than 10-point font. These limitations shall apply to both electronic and hard copy proposals.

L-2.3.1.4. Cross-Referencing. To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross-referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume or has not been properly cross-referenced will be assumed to have been omitted from the proposal. Cross referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. Offerors must ensure that pricing information is only included in Volume III. Do NOT include any cost/price information in any Volume other than Volume III.

L-2.4. DISTRIBUTION

Proposals shall be addressed and marked to the PCO as follows:

AFTC/PZIC (Arnold)

Attn: Mr. Robert A. Greene

100 Kindel Drive

Arnold AFB TN 37389-5100

Proposal packages shall be submitted with following markings:

RFP# FA9101-23-R-B007

For Official Use Only

Source Selection Information--See FAR 2.101 and FAR 3.104

The Offeror shall submit proposals via the PIEE module at https://piee.eb.mil for consideration no later than 2:00 pm Central Daylight Time (CDT), 13 June 2023. Only one proposal shall be submitted, per

Offeror, in response to this requirement. Please see section L-2.3 for instructions.

L-2.4. SITE VISIT

IAW provision FAR 52.236-27, Site Visit (Construction), a Seed Project site visit will be conducted at

Arnold AFB on 22 May 2023 at 9:00 am CDT. All prospective Offerors are highly encouraged to attend this site visit and are advised that this will be held solely for the purpose of explaining the concepts involved in the Seed Project and the specifications, terms, and conditions of this solicitation. Please send

James B. Laney, Contract Specialist at james.laney.3@us.af.mil and Robert A. Greene, Contracting

Officer at robert.greene.17@us.af.mil a list of the names, telephone number, email, and company name of all attendees no later than 18 May 2023.

L-3.0. SPECIFIC INSTRUCTIONS

L-3.1. VOLUME I – CONTRACT DOCUMENTATION

https://piee.eb.mil/ mailto:james.laney.3@us.af.mil mailto:robert.greene.17@us.af.mil

L-3.1.1. Volume I Organization

The purpose of this volume is to provide information to the Government for preparing the contract document and supporting file(s).

L-3.1.1.1. Cover Letter. The cover letter shall include the business status/categories, Offeror primary and alternate points of contact with email/phone and who is authorized to contractually obligate the Offeror, Commercial and Government Entity (CAGE) Code, a statement that the Offeror understands the requirements specified and will meet the requirements therein, and a statement that the Offeror does or does not take exception to any of the requirements of this order. The cover letter shall include an executive summary to summarize the Offeror’s business background and current customer base, emphasizing past success and significant projects.

L-3.1.1.2. Master Table of Contents. The Offeror shall include a master table of contents of the entire proposal within the Contract Documentation Volume. This master table of contents shall contain a consolidation of the individual table of contents for all volumes.

L-3.1.1.3. Solicitation/Contract Standard Form (SF) 1442. Offerors are required to complete blocks

14-20c of the SF 1442 (back/page 2). Ensure any amendments to the solicitation are acknowledged. An official having the authority to bind the Offeror’s company contractually must sign and date the SF 1442.

One copy of the SF 1442 must bear an original authorized signature. By submission of its offer, the

Offeror agrees to all solicitation requirements, including terms and conditions, as written in the RFP.

L-3.1.1.3.1. Section B – Supplies or Services and Prices/Costs. The prices shall be for the seed project and post award conference. Offerors are not required to complete Section B. Pricing will be evaluated as provided in Attachment 10, Price Proposal, please see Section M, M-2.4.1.3 for details.

L-3.1.1.3.2. Sections G through I – Contract Clauses. The Offeror shall complete fill-ins as applicable.

L-3.1.1.3.3. Section K – Representations and Certifications. The Offeror shall complete and submit this section in its entirety in addition to completing the on-line Representations and Certifications at the SAM website (https://www.sam.gov/).

L-3.1.1.4. Bonding Certification. Offerors shall provide a letter from bonding company certifying the offeror’s capability to provide payment and performance bonds. The letter shall indicate capability to provide payment and performance bonds in the singular amount of $5M, and combined project amount of

$10M. The bonding certification documentation is not limited as to the number of pages.

L-3.1.1.5. Exceptions or Assumptions to Terms and Conditions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and past performance submission requirements, pricing submission requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. The Offeror shall provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in the format and content of

Table L-3.1.1.5-1.

Table L-3.1.1.5-1: Solicitation Exceptions

Solicitation

Document

Page and

Paragraph Requirement/Portion Rationale

SOW, Model

Contract, ITO, etc.

Applicable Page and Paragraph

Numbers

Identify the requirement or portion to which exception is taken

Describe why the requirement can/will not be met

L-3.2. VOLUME II – PAST PERFORMANCE INFORMATION

L-3.2.1. Volume II Organization

The Past Performance Proposal should be specific and complete. Legibility, clarity, and coherence are very important. Offerors responses will be evaluated against the evaluation criteria in Section M Basis of Award.

(a) Quality and Satisfaction Rating for Recent Contracts: Offerors’ shall provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for relevant and recent past efforts/contracts (similar in scope and magnitude of effort and complexities this solicitation requires). Please see Section M, M-2.3.1.1 and M-2.3.1.2 for relevancy and recency definitions. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc. Relevant past performance projects will be at a minimum of $100,000.00 in total contract scope, any past performance projects submitted under $100,000.00 will be determined to be not relevant.

(b) Past Performance Questionnaires (PPQs): The Government will evaluate the quality and extent of

Offeror's performance deemed relevant as well as relevant to the requirements of this RFP. The Government will use information submitted by the Offeror and any other sources of information available to the

Government to assess past performance. Offerors may submit no more than three recent and relevant contract references for the prime contractor and no more than two for each subcontractor performed for Federal agencies or commercial customers within the last five years. If the prime is a joint venture, Offerors may submit no more than two recent and relevant contract references per joint venture partner. The total number of recent and relevant contract references for Federal agencies or commercial customers within the last five years shall not exceed SEVEN references from prime contractor, subcontractors, and joint venture partners combined. References exceeding seven will not be evaluated. Past performance not determined to be recent will not be evaluated. An assessment of the past performance information will be made to determine if each reference is recent. To be recent, the effort must be ongoing for at least one year or must have been completed during the past five years from the date of issuance of this solicitation. The evaluation of past performance information will take into account past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract listed:

(1) Company/Division name

(2) Product/Service

(3) Contracting Agency/Customer

(4) Contract Number

(5) Contract Dollar Value

(6) Period of Performance

(7) Verified, up-to-date name, address, email address, and telephone number of the contracting officer

(8) Comments regarding compliance with contract terms and conditions

Offerors shall send PPQs on each identified contract to the points of contact for that contract. If the identified contract was a Government effort, please send to the Program Manager and PCO.

This questionnaire is contained at Attachment 08, PPQ. Provide a list of questionnaire recipients to include POCs and phone numbers. The POC shall return the completed PPQ to the PCO, Mr. Robert

A. Greene at robert.greene.17@us.af.mil and courtesy copy Contract Specialist, Mr. Brad Laney at james.laney.3@us.af.mil. PPQs must be received no later than the proposal due date and time.

(c) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner.

(d) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime Offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

L-3.3. VOLUME III – PRICE INFORMATION

L-3.3.1. Volume III Organization

a) Complete blocks 14, 15, 16, 20A, 20B, and 20C and fill in total amount in block 17 of the SF1442.

In doing so, the Offeror accedes to the contract terms and conditions as written in the RFP Sections B through M along with all attachments. These sections constitute the model contract.

b) Insert the proposed extended price in the Price Proposal (Attachment 10). The extended amount must equal the whole dollar unit price multiplied by the number of units. Offerors are to only enter the price for the seed project (CLIN 0002). The price for the post-award conference is a FFP in the amount of

$4,500.00 and is already populated in attachment 10, Price Proposal.

mailto:robert.greene.17@us.af.mil mailto:james.laney.3@us.af.mil

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