Attachment 4 Additional Information Applicable to the Solicitation Phase Only 20200807_CC.pdf

Additional Information Applicable to the Solicitation Phase Only

General Information:

Type of Contract - The TSA contemplates the award of multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts. Delivery orders under the IDIQ shall be firm fixed price (FFP).

Offerors are advised that the Government may elect to on-ramp additional contractors after award if it is determined to be in the Government’s best interests to respond to the pandemic.

Additional Solicitation Provisions

Provisions Incorporated by Reference 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Acquisition.gov/far

(End of provision)

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2019) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

Provisions Incorporated by Full Text

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of multiple firm-fixed-price, indefinite delivery, indefinite quantity contracts resulting from this solicitation.

(End of provision)

L. 5200.225.001 NOTICE TO OFFERORS/CONTRACTORS CONCERNING TRADE

AGREEMENTS TERMS APPLICABILITY TO THE TRANSPORTATION SECURITY

ADMINISTRATION (SEPTEMBER 2018)

A. With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below (which the Contracting Officer has included herein as applicable):

FAR 52.225-1 “Buy American Act—Supplies,” FAR 52.225-2 “Buy American Act-Certificate,” FAR 52.225-5 “Trade Agreements,” FAR 52.225-6 “Trade Agreements Certificate,” FAR 52.225-9 “Buy American Act—Construction Materials,” FAR 52.225-10 “Notice of Buy American Act Requirement-Construction Materials,” FAR 52.225-11 “Buy American Act—Construction Materials under Trade Agreements,” and FAR 52.225-12, “Notice of Buy American Act Requirement—Construction Materials under Trade Agreements”

Offerors are hereby notified that the TSA is subject to the World Trade Organization Government Procurement Agreement and the countries it includes as presently defined in FAR

25.003. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. Offerors must analyze their intended offerings proposals and provide information in response to the required FAR 52.225- series provisions accordingly.

The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm

B. In applying the Buy American Act, the Transportation Security Administration advises Offerors that, as it affects Federal Acquisition Regulation (FAR) Sub-part 25.4 “Trade Agreements” requirements and the associated contract clauses and provisions at:

FAR 52.225-1 “Buy American Act—Supplies,” FAR 52.225-2 “Buy American Act-Certificate,” FAR 52.225-5 “Trade Agreements,” FAR 52.225-6 “Trade Agreements Certificate,”

Only domestic products or products from Canada, Mexico, and/or Chile which can be treated as a “eligible product” as defined in FAR 25.003 due to the sole applicability, respectively, of the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement are acceptable for offer under a solicitation or delivery under a contract that specifies the delivery of products in the Federal Supply Class (FSC) code 8300 series “Textiles, Leathers, Furs, Apparel and Shoes, Tents and Flags” and the FSC 8400 series “Clothing and Individual Equipment.”

(End of term)

L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL

2018)

In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the Offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Contracting and Procurement, 601 S. 12th Street, Arlington, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov.

The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”.

(End of term)

Proposal Instructions

1. Proposal Format

1.1. All proposals shall conform to the requirements of FAR 52.212-1.

1.2. This acquisition is for commercial commodities. Consistent with that understanding, and out of a desire to simplify the proposal generation, submission, and evaluation process, the Government is intentionally limiting format instructions.

1.2.1. There are no page limits, font requirements, margin requirements, etc. This is not done in an effort to suggest that the Offeror should produce a large, complicated proposal; rather, the Offeror should use this flexibility to focus on submission of documentation that complies with FAR 52.212-1 and fully demonstrates acceptability. Under the evaluation process, there is no advantage to be gained by submitting a large proposal in an attempt to demonstrate superiority in the marketplace. Likewise, Offerors are not required or expected to spend resources on developing “flashy” proposals as no benefits will derive as a result therefrom.

1.2.2. In order to facilitate evaluation, Offerors are required to submit all pricing information as separate electronic files from non-pricing information. The Government’s preference is for two files (one for all pricing information, and the other for all non-pricing information), but recognizes that issues with trying to combine different file types, Offeror Internet Service Provider/E-mail Provider file size limitations, etc. may necessitate multiple files.

1.3. All files shall be submitted in electronic format via e-mail to the points of contact identified herein. Offerors intending to submit electronic files in types other than file types compatible with the 2016 versions of Microsoft Word, Microsoft Excel, Microsoft PowerPoint, or Adobe Acrobat Pro DC Continuous Release shall ensure that the Government is able to view the proposed file type. This shall be done prior to submission of proposals. Proposals submitted with non-compatible file types will result in those specific files not being evaluated, which may lead to exclusion from evaluation all together or evaluation of an incomplete proposal that could result in a determination an otherwise acceptable proposal is unacceptable solely due to the inability to access the submitted information.

1.4. Electronic Files should be named with the solicitation number, Offeror’s Name, “Price” or “Non-Price”, and document name (if applicable e.g. submitting more than one price and/or one non-price file).

For example -- 70T05020Q9DMED049 Company X Non-Price TDC Rendering

1.5. Pricing shall be submitted using the format of Attachment 2 Schedule. Pricing may be supplemented with additional information outside of Attachment 2, but all proposals shall contain a completed Attachment 2. Attachment 2 shall be submitted in an editable Microsoft Excel format (i.e. do not convert the file to pdf prior to submission, do not lock cells, etc.). Offers not complying with this requirement may be rejected as non-responsive.

2. Proposal Content

2.1. Technical

The offeror shall propose products that meet the specifications in Attachment 1.

2.2. Past Performance

2.2.1. Past performance for a maximum of three references submitted in response to the proposal shall be submitted.

2.2.2. All past performance submitted shall be submitted directly from the past performance reference and use the questionnaire in Attachment 3, unless an Offeror elects to submit past performance information from www.cpars.gov as one or more of its three references. In that case, the Offeror may elect to submit the printout from CPARS directly to the same e-mail addresses and by the same time designated in Attachment 3. Offerors may submit their own brief narrative in addition to the past performance questionnaire and the CPARS, explaining why they believe that the contract is relevant to the solicitation.

2.2.3. Past performance shall be recent, meaning items were delivered on that contract within the three (3) years preceding the due date for receipt of offers.

2.2.4. Past performance shall be relevant, having a relationship to the work required under this solicitation. Specifically, the contract shall have required the delivery of goods for over a performance period of one year or more under one or more orders and be similar in terms of size, scope, and complexity.

2.2.5. Federal, tribal, state, and local government contracts can be used as references as well as private commercial contracts.

2.2.6. Work as a subcontractor can be submitted insofar as that work meets the same standards of being recent and relevant.

2.2.7. Offerors who have no relevant past performance shall affirmatively declare that they do not have relevant past performance. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, FAR subpart 15.305(a)(2)(iv) states that the Offeror may not be evaluated favorably or unfavorably on past performance.

2.2.8. If an Offeror submits past performance information that is not relevant, the Government may determine that the Offeror does not fully understand the requirements of the solicitation and may evaluate accordingly.

2.2.9. In addition to past performance submitted in response to the proposal, the Government retains the right to assess any past performance for recent and relevant work contained in www.cpars.gov. In the event that a past performance reference submitted in response to this solicitation covers the same contract assessed in http://www.cpars.gov/ www.cpars.gov, the information contained in CPARS shall prevail if discrepancies exist between the two.

2.3. Price

Pricing shall include all information requested in Attachment 2 Schedule. Pricing may be supplemented with additional information outside of Attachment 2, but all proposals shall contain a completed Attachment 2.

Evaluation

1. This is a Price Performance Tradeoff source selection conducted in accordance with (IAW)

FAR Parts 12 and 15 (and subordinate regulations and policies that implement or supplement FAR Parts 12 and 15). For this procurement, the Best Value determination will be made based on a tradeoff approach. The Government will make award to the responsible offeror(s) whose proposal(s) are responsive to the RFP, technically acceptable and considered to be [the] Best Value based upon a price/past performance trade-off. When evaluated, past performance will be considered approximately equal to price. Tradeoff considerations may result in the determination that it is in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest rated offeror in past performance.

2. Only technically acceptable proposals are eligible for award.

3. The Government intends to award multiple Indefinite Delivery, Indefinite Quantity contracts as a result of this solicitation.

3.1. In its sole discretion, the Government may elect to make more than one award if it determines multiple awards to be in its best interests.

3.2. Likewise, the Government retains the right to make a single award, or no award at all as a result of this solicitation.

3.3. The Government shall not be liable for any costs associated with responding to this request for proposals.

4. A contract may only be awarded to an Offeror who is deemed responsible.

5. While the Government will strive for maximum objectivity, the evaluation process by its very nature is subjective. To the extent an Offeror takes exception to a Government term or proposes additional or alternate terms, that Offeror runs the risk that the Government finds such an offer nonconforming and/or unacceptable.

6. Technical Acceptability

6.1. The Government will evaluate information submitted to ensure that the proposed products meet the requirements of the solicitation. Proposals will be assigned a rating of either “Acceptable” or “Unacceptable” for technical acceptability.

6.2. Any aspect of a single product that is determined to not meet specifications will render the entire proposal as Unacceptable.

6.3. Unless otherwise indicated in Attachment 1, specifications are absolute.

7. Past Performance

7.1. The Government will assess the degree of confidence based on the offeror’s recent/relevant past performance record. Past performance for a maximum of three (3) references submitted in response to the proposal will be evaluated.

8. Price

8.1. Price will be evaluated, but not rated. The evaluation will consist of an evaluation of reasonableness, balance, and total evaluated price.

8.1.1. Reasonableness. – Price reasonableness is expected to be determined through adequate price competition. If adequate price competition is not obtained, the Government may rely on other methods of determining the price to be fair and reasonable. This may result in a request to an Offeror for additional price information in the form of other than certified cost and pricing data. Unreasonable proposals will be excluded from further consideration.

8.1.2. Balanced Pricing – It is evident by the nature of the items being acquired (i.e.

items in response to a current pandemic) that there is significant potential for unbalanced pricing—specifically, that pricing in initial ordering periods would be significantly higher in price than pricing in later years when there is less potential for large orders. Offerors are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more price elements is significantly over or understated as indicated by the application of price analysis techniques such as those defined by FAR 15.404-1. The Government will analyze offers to determine whether there is unbalanced pricing within the offers. IAW FAR 15.404-1, offers determined to be unbalanced may be excluded if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

8.1.3. Total Evaluated Price – The total evaluated price will consist of the sum of all extended prices for each ordering period for both CONUS and OCONUS items.