Attachment 2 Section L and M.docx

SSP Attachment 3 Section L - Instructions, Conditions, and Notices to Offerors

I. PROPOSAL FORMAT AND CONTENT (NOV 2012)

1. Instructions to the Offerors (ITO): These instructions prescribe the format of proposals and describe the approach for the development and presentation of proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposals. The instructions permit the inclusion of any data or information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government intends to make award without discussion based on the proposals received.

2. Point of Contact: The Contracting Specialist (CS) is the point of contact for this acquisition. Address any questions or concerns you may have to the CS who is listed below. Written requests for clarification may be sent to the CS 1st Lt Anthony Bilal, anthony.bilal@us.af.mil. After RFP release, it is encouraged that any questions or clarifications be submitted within ten (10) days of the RFP release date. The decision whether to respond to questions and requests for clarification submitted after those ten (10) days shall be at the sole discretion of the PCO. The subject line for these emails shall read: “Source Selection Information, See FAR 2.101 and FAR 3.104 – FOR OFFICIAL USE ONLY, RFP FA8601-21-R-0010, Airfield IDIQ Q&A”. Answers to such questions and clarifications will be provided via posting questions and answers (Q&As) and/or RFP amendments on Beta.Sam, In the event of a conflict between the answers to the questions and the RFP, the RFP shall take precedence.

3. Include Sufficient Detail. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offerors proposal.

4. Debriefings. The Contracting Officer (CO) will promptly notify offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR 15.505. The CO will notify unsuccessful offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

5. Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the buyer in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

6. Mandatory Submission. The offeror shall submit a paper copy of the SF 1442, front and back, including the proposed amount in block 17, the appropriate original signatures, and acknowledgement of all amendments as required, along with Schedule B through Section M. Original paper Bid Bonds with appropriate signatures and raised corporate seals shall be submitted.

7. Proposal Requirement: Proposals that do not comply with the above requirements may be considered non-responsive to the solicitation.

8. Notice to Offerors: Funds are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the government has no obligation to reimburse an offeror for any costs.

9. Joint Ventures: If the Offeror is a joint venture, the Offeror shall provide all required solicitation information for all parties including a copy of the joint venture agreement with proposal. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the joint venture. If the joint venture is comprised of 8(a) firms, the Small Business Administration (SBA) must approve the joint venture agreement prior to award. Either party to the joint venture may submit performance information on behalf of the joint venture. Joint venture performance will be evaluated and rated based on either party’s performance. The Small Business Administration (SBA) must receive Joint Venture Agreements prior to proposal due date and approved before award of a resulting contract. If a joint venture is contemplated, then the assigned SBA Business Opportunity Specialist (BOS) must be advised as soon as possible. Ensure the agreement is submitted to the BOS in sufficient time to permit a regulatory compliance review. Any corrections and/or changes requested must allow for review time by the BOS before the proposal due date. No corrections and/or changes are permitted after the time for submission of offers.

10. Teaming/Partnering: If the offer is based on a teaming/partnering relationship, the Offeror shall provide all required solicitation information for all parties including a copy of the teaming/partnership agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract, including each company’s responsibility for financial management of the venture. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering relationship.

11. Multiple Companies: If a company has multiple business ventures, only one of their business ventures will be allowed to submit a proposal.

12. Mentor/Protégé Program: For information regarding the Small Business Administration’s (SBA) Mentor- Protégé Program see: http://www.sba.gov/.

13. Organization/Number of Copies/Page Limitations: The Offeror shall prepare the proposal as set forth in Table 1, Proposal Organization and Page Limits, all of which shall be within the required Page Limits and with the number of copies as specified in the table. The contents of each proposal volume are described in the Section L paragraph as noted in the following table.

Table 1: Proposal Organization and Page Limits

Volume

Volume Title

Sanitized or Unsanitized*

Paper Submission Electronic CD- R/DVD-R Submission

Page Limit

*Sanitized copy shall remove all references to the name of the Prime Contractor and Subcontractor(s).

13.1 Electronic Submission

The offeror shall submit their proposal by electronic submission via DoD SAFE link to the Contract Specialist. To receive a link for proposal submittals, contact 1st Lt Anthony Bilal via email at anthony.bilal@us.af.mil at least 48 hours prior to submission deadline date.

13.2 Page Limitations

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and (for paper copies) will be returned to the Offeror as soon as practicable. When both sides of a sheet display printed material, it shall be counted as two (2) pages. Each page shall be counted, except as indicated in the paragraphs below. Page limitations may be placed on responses to ENs. The specified limits for EN responses will be identified in the letters forwarding the ENs to the Offerors.

13.3 Page Size and Format

Page sizes should be 8.5-inch by 11-inch excluding any drawings, diagrams, and/or supporting illustrations, spreadsheets, etc. Charts, graphs, drawings, diagrams, supporting illustrations, or spreadsheets shall not be limited in size. Margins shall be no smaller than 1-inch and each page within a volume shall be numbered consecutively. All font shall be Times New Roman, black, and the size shall be no smaller than 12 point. Each page containing proprietary information should be so marked.

Elaborate formats or color presentations are not desired or required. Reference Section L paragraph 13.3 for page limitations by volume.

13.4 Marking

Headers: No restrictions for headers of unsanitized pages. The only information permitted in the headers of sanitized pages is the solicitation number.

Footers: No restrictions for footers of unsanitized pages. Footers of sanitized pages shall include a page number and the following:

PROPOSAL EVALUATION FACTORS

PZIOC L-004 – Instructions, Conditions and Notices to Offerors:

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 technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate factors, Factor 1 – Technical Proposal and Factor 2 – Price Proposal.

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 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 price competition no longer exists, offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

FACTOR 1--TECHNICAL PROPOSAL

The technical proposal should be specific and complete. Legibility, clarity and coherence are very important. The technical proposal shall be limited to 8 pages for Subfactors 1 and 2. The certifications and credentials required to be submitted by Subfactors 3 and 4 will not be limited by a page amount.

The offeror shall provide evidence/documentation to substantiate the offerors previous experience of having performed as a contractor on at least one construction project containing all of the following aspects:

Subfactor 1: Offerors shall provide evidence of having at a minimum of five (5) years documented relevant* experience with airfield pavement projects.

Subfactor 2: Offeror shall provide evidence of a Project Manager, Site Superintendent, and Contractor Quality Control (CQC) Manager who will be assigned to this project and satisfy the following criteria:

1. The Project Manager shall have a minimum of five (5) years’ experience in construction, with a minimum of three (3) years’ experience as a project manager on relevant* airfield pavement projects.

2. The Site Superintendent shall have a minimum of ten (10) years’ experience in construction with at least five (5) of those years in supervisory roles on relevant* airfield pavement projects.

3. The Contractor Quality Control (CQC) Manager shall be a graduate of an accredited program in architecture, engineering, or construction management, and shall have a minimum of five (5) years’ airfield construction experience, with a minimum of two (2) years’ experience as a CQC Manager on relevant* airfield pavement projects.

*Relevant is defined as a project on a runway rated at a UFC Class B for takeoffs and landings of 10,000ft or more, and which includes work of a similar scope, magnitude, and complexity involving removal and replacement of concrete and/or asphalt, striping, and crack/joint sealing on airfield pavements, each equal to or exceeding $100,000.00.

Subfactor 3: Offerors shall provide documentation of the following American Concrete Institute (ACI) certifications:

1. Concrete Flatwork Finishing:

2. Concrete Construction Inspector

a. Concrete Transportation Construction Inspector

3. Concrete Quality Management

a. Concrete Quality Technical Manager

Subfactor 4: Offerors shall provide documentation of the following Hot Mix Asphalt (HMA) certifications:

1. Asphalt Quality Control Technician (ODOT Level 2 Asphalt Technician)

2. Asphalt Field Quality Control Supervisor

Your responses to these Subfactors will be evaluated in accordance with Section M of the solicitation. All the requirements specified in the solicitation are mandatory. By your proposal submission you are representing that your firm will perform all the requirements specified in the Request for Proposal (RFP). It is not necessary or desirable for you to tell us so in the proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

FACTOR 2--PRICE PROPOSAL

CONTRACT DOCUMENTATION

a. Model Contract/Representations and Certifications:

The purpose of this section is to provide information to the offeror for preparing the contract document and supporting file. The offerors proposal shall include a signed copy of the Model Contract, and Sections A through K.

Section A - Solicitation/Contract Form: Completion of blocks 14, 15, 16, 17, 19, 20A and signature and date for blocks 20B and 20C of the SF 1442. Signature by the offeror on the SF 1442 constitutes an offer, which the Government may accept. The "original" copy should be clearly marked under separate cover and should be provided without any punched holes.

Section B - Supplies or Services and Costs/Prices: All pricing information shall be addressed in Section B – The Schedule of the RFP. Information shall be limited to Bid Item Number (BIN) 0001, 0002, 0003, 0004 & 0005, including unit and extended pricing as specified in Section B.

Section F - Deliveries or Performance: See Section F of the SF 1442 for Period of Performance.

Section H - Special Contract Requirements: See Section H for Special Contract Requirements for requirements that need to be completed by the offeror.

*NOTE: It is the responsibility of the offeror to ensure that any clauses under Section I that are not already identified above and are required to be filled out are in fact completed and submitted with the solicitation.

*NOTE: It is the responsibility of the offeror to ensure that any provisions under Section K that are not already identified above and are required to be filled out are in fact completed and submitted with the solicitation.

Attachments to the Model Contract: The offeror shall provide the following as attachments to the model contract: Bid Schedule

b. Exceptions to Terms and Conditions:

c. Other Information Required:

Authorized Offeror Personnel: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

(End of Provision)

SSP Attachment 4 Section M - Evaluation Factors for Award

1. Basis for Contract Award: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable offeror with the lowest evaluated cost or price, which is deemed responsible in accordance with the Federal Acquisition Regulation and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by Section L of this solicitation. The Government intends to award without discussions. Therefore, each initial offer should contain the offerors best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

1.1 Evaluation Process

The evaluation process to be used is as follows:

• Phase 1 Step 1. The Government will review the proposals in each group to ensure compliance with Section L, Instruction to Offerors.

Step 2. The Government will determine if clarification is in the best interest of the Government. If clarification is not in the best interest of the Government, the Government will remove non-responsive proposals from competition and inform the Offerors.

Step 3. The Government will organize the proposals in order of price proposed for the sample project from lowest to highest.

• Phase 2 Step 1. Beginning with the lowest priced proposal and continuing in order of price, the Government will evaluate the proposals for Technical Acceptability. This evaluation process will continue until two businesses are found technically acceptable or until the pool of proposals have been exhausted.

Step 2. The proposals that are found technically acceptable will be evaluated for Price, using one or more of the techniques defined in FAR 15.404-1, in order to determine if they are complete, balanced, and reasonable in accordance with Paragraph 2.2 and its subparagraphs listed in Section M, below. The Government reserves the right to issue clarifications or enter into discussions when determined to be in the best interest of the Government.

1.2 Rejection of Unreasonable Offers

The Government may reject any proposal that is evaluated to be unreasonable in terms of program commitments, or contract terms and conditions, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

1.3 Contractor Responsibility

In accordance with FAR 9.103, the PCO shall award contracts only to responsible vendors. No purchase or award shall be made unless the PCO makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The PCO shall require acceptable evidence of the prospective contractor’s current sound financial status, as well as the ability to obtain required resources if the need arises. In regard to resources, the contractor must be prepared to present acceptable evidence of subcontracts, commitments or explicit arrangements that will be in existence at the time of contract award, to rent, purchase or otherwise acquire the needed facilities, equipment, services, materials, other resources or personnel. Consideration of a prime contractor’s compliance with limitations on subcontracting shall be taken into account for the time period covered by the contract base period or quantities, plus option periods or quantities, if such options are considered when evaluating offers for award. Pursuant to FAR 9.104-4, the PCO reserves the right to request adequate evidence of responsibility on the part of any prospective subcontractor(s). In the absence of information clearly indicating that the prospective contractor is responsible, the PCO shall make a determination of non-responsibility.

1.4 Competitive Range Determination: During the evaluation process, multiple competitive range determinations may be made that eliminate Offerors from the competition. A competitive range is not currently set. The Government reserves the right to set a competitive range. The competitive range determination will be based on evaluation criteria. The Government 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. A competitive range determination may eliminate Offerors based on their initial proposal evaluation results, after discussions (if necessary), prior to issuance of the Final Proposal Revision (FPR) request, or for purposes of efficiency. If Offerors are excluded from the competitive range, they may request a debriefing IAW FAR 15.505.

2. Number of Contracts to be Awarded: The Government intends to select one contractor for project 212800, Airfield Paving and Maintenance. However, the Government reserves the right to award no contract at all, depending on the quality of the proposals and prices submitted and the availability of funds.

3. Correction Potential of Proposals: The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty. The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of an offerors proposal not meeting the Government's requirements is not considered correctable, the offeror may be eliminated from the competitive range.

4. Discussions: It is the Government’s intent to award without discussions, therefore, it is imperative that offerors submit their best terms initially. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs), and the Final Proposal Revisions (FPRs) will be considered in making the source selection decision.

5. Solicitation Requirements, Terms and Conditions: Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

EVALUATION FACTORS

a. Factors:

(1) Technical Proposal:

Factor 1 - Technical Proposal: The factor is acceptable when the proposal:

Subfactor 1: Offerors shall provide evidence of having at a minimum of five (5) years documented relevant* experience with airfield pavement projects.

Subfactor 2: Offeror shall provide evidence of a Project Manager, Site Superintendent, and Contractor Quality Control (CQC) Manager who will be assigned to this project and satisfy the following criteria:

1. The Project Manager shall have a minimum of five (5) years’ experience in construction, with a minimum of three (3) years’ experience as a project manager on relevant* airfield pavement projects.

2. The Site Superintendent shall have a minimum of ten (10) years’ experience in construction with at least five (5) of those years in supervisory roles on relevant* airfield pavement projects.

3. The Contractor Quality Control (CQC) Manager shall be a graduate of an accredited program in architecture, engineering, or construction management, and shall have a minimum of five (5) years’ airfield construction experience, with a minimum of two (2) years’ experience as a CQC Manager on relevant* airfield pavement projects.

*Relevant is defined as a project on a runway rated at a UFC Class B for takeoffs and landings of 10,000ft or more, and which includes work of a similar scope, magnitude, and complexity involving removal and replacement of concrete and/or asphalt, striping, and crack/joint sealing on airfield pavements, each equal to or exceeding $100,000.00.

Subfactor 3: Offerors shall provide documentation of the following American Concrete Institute (ACI) certifications:

1. Concrete Flatwork Finishing:

2. Concrete Construction Inspector

a. Concrete Transportation Construction Inspector

3. Concrete Quality Management

a. Concrete Quality Technical Manager

Subfactor 4: Offerors shall provide documentation of the following Hot Mix Asphalt (HMA) certifications:

1. Asphalt Quality Control Technician (ODOT Level 2 Asphalt Technician)

2. Asphalt Field Quality Control Supervisor

(2) Price Proposal Factor 2 - Price Proposal: The factor is acceptable when the proposal:

a. Evaluation Methodology:

Technical acceptability will be evaluated for each offer concurrently with evaluation of their price proposal. Only those offerors determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. Price proposals will be listed from lowest to highest price based on the total evaluated price. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for non-cost factors.

b. Technical Factor:

Acceptable – Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable – Proposal does not clearly meet the minimum requirements of the solicitation.

c. Price Factor:

Price Evaluation: the offerors cost/price proposal will be evaluated for award purposes by adding the total price for basic requirements (basic award) and all options. The Government may determine that an offer is unacceptable if option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Total Evaluated Price: Price analysis will be performed to determine the reasonableness of the offerors price proposal. Reasonableness will be based on the total evaluated price. The total evaluated price will be calculated as the sum of the Contract Line Item Numbers (CLINs) unit/extended prices.

Completeness: Completeness shall be determined based on the information requested in Section L, paragraph 5.0 and all subparagraphs of 5.0. Prices are considered complete when the Offeror provides the basis for pricing, necessary for the Government to understand what the prices represent and to enable the Government to determine if the prices are reasonable and balanced. In addition, the completed bid schedule (Attachment 09), and the Call Sheet Breakdown for Sample Project (Section J, Attachment 10) must be completed as directed in Section L, paragraph 5.2.4. Prices that are not properly supported may cause the Government to find an Offeror’s proposal unreasonable, unbalanced, or incomplete.

Submission of an incomplete Pricing Volume as set forth in Section L, 5.1 will cause the Offeror’s proposal to be non-compliant with the terms and conditions of the RFP and may render the proposal ineligible for award.

Note: Incomplete proposed prices, either initially proposed or updated later as a result of discussions, if discussions are conducted, may be grounds for eliminating a proposal from competition on the basis that he Offeror does not understand the requirement.

Unbalanced Pricing: Offerors are cautioned against submitting an offer that contains unbalance pricing. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or subline items. Offers that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

Price Reasonableness: For a price to be reasonable, it shall represent a price to the Government that a prudent person would pay when consideration is given to prices in the market. In addition, price reasonableness will be used to assess the likelihood an Offeror would provide a competitive price on future task orders. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 15.404-1. The following are examples of the price analysis techniques that may be applied: comparing proposed prices to the Independent Government Estimate (IGE); comparing proposed prices to those proposed by other Offerors, and comparing proposed prices to historical labor rates proposed on recently awarded acquisitions.

Offerors who’s TEP is determined to be unreasonable IAW FAR 15.404 may not be considered for award.

If the proposal analysis techniques listed above are insufficient to make a determination of price reasonableness, or if the PCO determines that adequate price competition no longer exists, the PCO may request submission of certified cost or pricing data or data other than certified cost or pricing data, as appropriate, in order to make a determination of price reasonableness. For additional information see FAR 31.201-3. An Offeror’s price must be determined fair and reasonable to be eligible for award.

(End of Provision)