Attachment_F_Section_L_and_M_15A00021R00000101_v20220526.pdf

15A00021R00000101 SECTION L

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Proposals

The method for proposals to be submitted in response to this solicitation is via e-mail to ronald.shumate@atf.gov.

All questions and answers will be provided to all prospective offeror(s) with a posting within the Federal Business Opportunities on SAM.GOV

All questions must be emailed to ronald.shumate@atf.gov by 5:00 EST on June 13, 2022. A posting providing all the Questions and Answers will follow.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make the full text available. Be cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its proposal. 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 proposal. Also, the full text of a provision may be accessed electronically at these addresses:

http://www.acquisition.gov

(a) The Government may award without discussions with the offeror; therefore, the offeror is cautioned to examine the solicitation in its entirety and to ensure that its proposal is complete, containing all necessary information/all required documentation, in all respects. However, the Government reserves the right to conduct discussions and to permit the offeror to revise its proposal(s).

(b) The Offeror shall submit an electronically signed and dated offer, by 5:00 PM Eastern Standard Time (EST) on July 20, 2022 to ronald.shumate@atf.gov and to the mailing address provided within the solicitation.

(c) Proposals received after the time and date specified for receipt will be considered

LATE.

1. PROPOSAL SUBMISSION

(a) To be considered for selection, the Offeror must submit a complete response to this Request for Proposal (RFP) using the sequence and format provided herein. All pages must be identified with the Offeror’s name and Solicitation number.

(b) For the electronic submission, the offer/proposal shall be in uncompressed files submitted via email.

(c) The electronic version of the text shall be in Microsoft Word or Adobe Acrobat Portable Data Format (PDF).

(d) Information shall be confined to the appropriate section to facilitate independent evaluation. The technical proposal should be clear and concise, logically assembled and indexed and cross-indexed to applicable parts of the RFP as appropriate. Pages over the maximum-page limitation for any section will be excluded from evaluation. The page limits shall include any diagrams, figures, tables, or reference material.

2. FORMAT

(a) The Offeror shall present all information relevant to each factor in the appropriate section. The Offeror shall insert its company’s name in the filename. At the end of each section, the Offeror may include any “Exceptions” that they take with the requirements, constraints, and terms and conditions. Any exceptions taken shall clearly identify the RFP Section, paragraph, and requirement/objective, constraint, or terms and conditions to which exception is being made and include appropriate supporting rationale for each exception. The Government is not obligated to accept such exceptions to the RFP, and these may render the Offeror’s proposal unacceptable.

(c) Requirements

Volume

Section/Tab Title

Page Limits

I

Introduction (Table of Contents, Executive-Level Summary, Corporate Qualifications), 52.212-3 Offeror Representations and Certifications-Commercial Items, and any other representations.

10 Pages

“FAR 52.212-3 does not count against any page limitations.”

II

Technical/Managerial Approach

40 pages

III

Key Personnel

6 pages per Resume

IV

Past Performance

3 pages per Reference

V

Transition Plan

10 pages per task

VI

Price

Section 2 of Solicitation and a Detail Breakdown in Attachment E

3. CONTENT

3.1 Volume I – Offers shall contain the following information.

3.1.1 Introduction & Table of contents for easy reference.

3.1.2 Executive-Level Summary. Provide a letter with the proposal. Identify the name, address, e-mail address, telephone, and facsimile transmission number of the person(s) whom has the contractual authority and can be contacted concerning any questions about this proposal. Also, include the following as attachments to the letter:

(a) A document containing the following information: Name, address, telephone number, facsimile number, e-mail address, and cage code of the contractor and of any corporate affiliate at which work is to be performed.

3.1.3 Volume I - Offeror Representations and Certification-Commercial Items in accordance with FAR Part 52.212-3. This tab shall contain a completed copy of your company’s Certification or proper DUNS Number that will allow the government to download your representations and certification information.

3.1.4 Volume I - Exceptions/Alternatives (Terms and Conditions).

(a) Offerors are cautioned that they take exception to any Terms and Conditions of the solicitation at their own risk. The Government may, at its option, reject a proposal which contains any such exceptions.

(b) Nonetheless, any exception taken by the Offeror, at its own risk, shall be identified in this tab. The Offeror shall clearly identify the paragraph and term or condition to which the exception is being made and include appropriate rationale for any such exception.

Where any exceptions accepted by the Government conflicts with the terms and provisions of the Solicitation, the terms and provisions of the Solicitation will control.

(c) Suggested, optional wording changes (to include clarifications and addenda) to any terms and conditions of the solicitation shall be identified in this part. The Government may at its option accept or reject any such changes.

(d) If no exceptions are taken, the Offeror shall include the following statement in this part of the proposal: “[Name of Offeror] takes no exception to any terms and conditions of Solicitation No. 15A00021R00000101

3.1.5 Volume I Contractor must show proof that they are registered under North American Industry Classification System (NAICS) number 518210 in Systems Award Management (SAM)

4. CONFLICT OF INTEREST

Any contractor (or member of its team and/or subcontractor) having a conflict of interest as defined under FAR Part 9.5 must identify the conflict as soon as it is known and provide a recommended mitigation plan. Mitigation plans are required whenever a competing contractor has had unequal access to non-public information regarding this requirement and/or competition or has assisted the Government in defining the requirements or evaluation criteria.

EVALUATION PROTOCOL AND INSTRUCTION

The Government intends to award a single award Indefinite Quantity Indefinite Delivery (IDIQ) contract using NAICS 518210.

A single award IDIQ will be established with the responsible contractor whose quote best conforms to the requirements outlined in this RFP and is most advantageous to the Government based on the best value determination. The Contracting Officer will determine best value to the Government based on evaluation of price with non-price factors considered.

1. Technical/Managerial Approach: Proposal must describe your technical/ approach for meeting and understanding the PWS requirements. Proposals must include a management plan, a staffing plan and subcontractor/teaming arrangements. Proposal must also address the following seven (7) criteria:

(1) The contractor MUST provide proof that they have no lower than a Ten (10) Million Dollar Line of Credit to ensure payment to their employees will always be provided promptly.

(2) Must submit a Quality Control Plan (QCP) based on the Performance Work Statement (PWS) provided for each Task (NTC, FESD, FATD, CID/OID, NFAD).

(3) Evidence the submitting Contractor will be able to set up a Local Office within the Local County that the National Services Center is located which is Berkeley County within 30 days of award.

(4) The contractor’s turnover ratio will be a factor during the evaluation process.

Contractors shall identify its turnover rate for fiscal years 2019, 2020, and 2021. Turnover rates shall be calculated using Bureau of Labor Statistics definition, which is ‘the number of total separations during the month divided by the number of employees who worked during or received pay for the pay period that includes the 12th of the month (monthly turnover); the number of total separations for the year divided by average monthly employment for the year (annual turnover). Contractor shall also address its employee retention program, including, but not limited to training programs, salary, and benefits Plans.

(5) Must be registered within the Systems Award Management (SAM) database under the appropriate NAICS 518210, as an 8(a) Certified company and active, the date the proposals are due.

(6) Proof that company is certified as an 8(a) company under the Small Business Administration (SBA) guidelines under NAICS 518210, the date the proposals are due. All 8 (a) contractors shall certify that they will not exceed the subcontracting threshold outlined in FAR 52.219-14. If a vendor does not subcontract, vendors must detail how they intend on exclusively fulfilling the requirement.

(7) Staffing Plan: Perspective bidders shall include a staffing plan. The agency will evaluate the completeness and feasibility of the staffing plan to ensure a stable and qualified workforce over the life of the contract by review of the Offeror’s ability and approach to recruiting and retaining qualified personnel, specifically:

• How the Offeror plans to maintain an environment in which highly skilled and talented people will make long-term commitments to achieving this mission;

• The Offeror’s identification of critical skills and ability to accomplish work requirements identified in their overall technical approach, as well as the Offeror’s approach for recruiting and maintaining critical skill personnel identified in their proposal;

• The Offeror’s approach to managing resources while accommodating workload fluctuations; and

• Information demonstrating the Offeror’s performance history as it pertains to historical retention rates on projects similar in size, scope, and complexity to the subject requirements (e.g., % of contractor employees hired to perform under the project remained on the project at its completion).

2. Key Personnel resumes for (Project Manager, Deputy Project Manager and Task Manager(s)) MUST include a Letter of Intent or a signed resume by the key personnel and the contractor.

3. Past Performance:

(A) Provide a list of no more than five (5) of your most recent and relevant contracts. Only recent and relevant contracts will be evaluated or considered. Recent means contracts performed or completed within three years from the quotation due date. For contracts that are currently being performed, the vendor must have performed at least six months of service for the contract to be considered. Relevant means similar in scope and complexity to the solicited work. Furnish the following information for each contract referenced:

(1) Company/Division name

(2) Description of Service

(3) Contracting Agency/Customer

(4) Contract Number

(5) Contract Dollar Value

(6) Period of Performance

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

(8) Comments regarding compliance with contract terms and conditions

(9) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(10) Explanation of why the contract is relevant to the solicited work.

(B) Survey. Attached to the solicitation is a Past Performance Survey. Vendors are required to send the survey to each contracting officer or point of contact (POC) with knowledge of the vendor’s performance for each contract referenced (unless a past performance record is already available in CPARS for the reference contract). The contracting officer/POC should be instructed to send the survey directly to the person identified on the first page of the Instructions no later than the quotation due date specified. The vendor is solely responsible for ensuring that surveys are received by the Government no later than the quotation due date. Questionnaires received after the quotation due date may not be considered in the evaluation.

(C) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime contractor without the subcontractor’s consent.

Subcontractors in total, cannot perform more than 50% of the work. The prime contractor has to perform at least 50% of the work (FAR 52.219-14). If a contractor is using a subcontractor as a past performance referral, you must detail what role that subcontractor will be performing in this requirement and the anticipated percentage of work that subcontractor will be doing and what anticipated percentage of work that subcontractor will be doing.

4. Transition Plan: The Transition-In Plan will be evaluated for completeness, timeliness of transition process, efficiency, understanding and consideration of the current environment, and risk identification and mitigation strategies that will allow a timely and seamless assumption of services while transitioning all requirements. The Transition-In Plan will be evaluated for compliance to the RFQ, assurance of continuity of services, orderly transition of responsibility, workforce stability, and impact and risk to customers and management.

5. Price: All proposed/submitted pricing must be compliant with the Service Contract Act using Attachment B Wage Determination 2015-4297 where applicable for the Martinsburg, WV area. The Offeror shall ensure that all information is presented in an organized fashion to allow ATF to understand the price of the work to be performed.

Pricing format submitted must show hourly rates easily broken out per labor category. Firm Fixed Pricing MUST be broken out separately, see Attachment E Estimated Personnel per Tasks within PWS.

Totals for all Contract Line Item Numbers (CLINS) to include unit prices MUST be written in Section 2 in the solicitation. Contractor may submit proposals outside of the estimated amount of personnel based on performance measures. The government will evaluate whether the proposed level of effort and labor mix are appropriate for the requirements of the PWS to ensure successful performance and whether the proposed rates per hour are reasonable.

Issuance of this solicitation does not constitute an award commitment on the part of the Government. This request does not commit the Government to pay for costs incurred in the submission of a proposal or for any other costs incurred prior to the execution of a formal contract unless specifically authorized in writing by the Contracting Officer.

Attention is directed to the fact that a Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds should a contract result by reason of a response to this request for proposal.

NOTE: All items that are submitted to the Government based on this solicitation will not be returned to the contractor and will become property of the Government

15A00021R00000101

SECTION M

SECTION M - EVALUATION FACTORS FOR AWARD

The Offeror must clearly demonstrate that it can best meet the requirements of the SOLICITATION. The Offeror must also address all information requirements of the Solicitation.

A single award IDIQ will be established with the responsible contractor whose quote conforms to the requirements outlined in this RFQ and is most advantageous to the Government based on the best value determination. The Contracting Officer will determine best value to the Government based on evaluation of price with non-price factors considered. The combined weight of the non-price factors is more important than price. The evaluation factors below are listed in descending order of importance

Technical/Managerial Approach, Key Personnel, Past Performance and Transition Plan are referred to as non-price factors. Technical/Managerial Approach, Key Personnel, Past Performance and Transition Plan are in descending order of relative importance (Technical/Managerial Approach is more important than Key Personnel, Key Personnel is more important than Past Performance. Past Performance is more important than the Transition Plan). Technical/Managerial Approach, Key Personnel, Past Performance and Transition Plan (when combined) are significantly more important than Price, which is not rated. As the technical proposals approach equality, price will become more important in making the award determination. In the event that two or more proposals are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced quotation. It should be noted that award may be made to other than the lowest priced proposal if the Government determines that a price premium is warranted due to technical merit.

The response will be evaluated on the basis of the following evaluation factors:

(1) Technical/Managerial Approach: Will be evaluated based on the degree to which the Offeror effectively demonstrates a knowledge, understanding, technical ability to successfully perform and manage the requirements of the Performance Work Statement (PWS). Additionally, the appropriateness, soundness and reasonableness of the Offeror’s problem resolution, logistic considerations, corporate commitment to achieve the overall project objectives and methodology for providing resource support will be assessed. Proposal must provide HOW performance measures will be met on a monthly basis. Contractor shall also submit a management plan for how the company intends to accomplish, administer, and manage the objectives and deliverables in the PWS. If the contractor proposes subcontractors and teaming arrangements, the management plan shall explain to what extent subcontractors and team members will be involved in the performance of the proposed objectives and how the contractor will manage the subcontractor and team member participation. The following six (6) criteria must also be addressed:

(1) The contractor MUST provide proof that they have no lower than a Ten (10) Million Dollar Line of Credit to ensure payment to their employees will always be provided promptly.

(2) Must submit a Quality Control Plan (QCP) based on the Performance Work Statement (PWS) provided for each Task (NTC, FESD, FATD, CID/OID, NFAD).

(3) Evidence the submitting Contractor will be able to set up a Local Office within the Local County that the National Services Center is located which is Berkeley County within 30 days of award.

(4) The contractor’s turnover ratio will be a factor during the evaluation process. Contractor shall identify its turnover rate for fiscal years 2019, 2020, and 2021. Turnover rates shall be calculated using Bureau of Labor Statistics definition, which is ‘the number of total separations during the month divided by the number of employees who worked during or received pay for the pay period that includes the 12th of the month (monthly turnover); the number of total separations for the year divided by average monthly employment for the year (annual turnover). Contractor shall also address its employee retention program, including, but not limited to training programs, salary, and benefits Plans.

(5) Must be registered within the Systems Award Management (SAM) database under the appropriate NAICS 518210, as an 8(a) Certified company and active, the date the proposals are due.

(6) Proof that company is certified as an 8(a) company under the Small Business Administration (SBA) guidelines under NAICS 518210, the date the proposals are due; or

In the case of an 8(a) joint venture:

1. Provide proof that one of the participants in the joint venture is certified as an 8(a) company under the Small Business Administration (SBA) guidelines under NAICS 518210 on the date the proposals are due; and

a. Provide the name(s) and DUNS for all participants in the joint venture, and a statement verifying that each concern is small under the size standard corresponding to the NAICS code assigned to the contract, and the size of at least one 8(a) Participant to the joint venture is less than one half the size standard corresponding to the NAICS code assigned to the contract; OR

In the case of an 8(a) joint venture involving a mentor and protégé:

1. Provide proof that the mentor-protégé agreement has been approved by the SBA prior to the submission of an offer by the joint venture in compliance with 13 CFR 124.520.

Approval of a joint venture agreement:

The SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture.

Based upon the foregoing, an 8(a) joint venture is an eligible offeror.

(7) Staffing Plan: Perspective bidders shall include a staffing plan. The agency will evaluate the completeness and feasibility of the staffing plan to ensure a stable and qualified workforce over the life of the contract by review of the Offeror’s ability and approach to recruiting and retaining qualified personnel, specifically:

• How the Offeror plans to maintain an environment in which highly skilled and talented people will make long-term commitments to achieving this mission;

• The Offeror’s identification of critical skills and ability to accomplish work requirements identified in their overall technical approach, as well as the Offeror’s approach for recruiting and maintaining critical skill personnel identified in their proposal;

• The Offeror’s approach to managing resources while accommodating workload fluctuations; and

• Information demonstrating the Offeror’s performance history as it pertains to historical retention rates on projects similar in size, scope, and complexity to the subject requirements (e.g., % of contractor employees hired to perform under the project remained on the project at its completion).

(2) Key Personnel: Key Personnel Qualifications: The Government will evaluate degree to which the Offeror’s proposed key personnel’s (Project Manager, Deputy Project Manager and Task Manager(s)) resumes demonstrates the individual’s ability to execute PWS requirements on the bases of strength of relevant education and training, depth, and breadth of relevant experience.

Per Section 2.12 of the Performance Work Statement (PWS) the Required Qualifications for Key Personnel that must be demonstrated on each submitted resume is as follows:

Project Manager:

• A Bachelor’s Degree and 10 years minimum experience managing 300 or greater employees Supervisory Experience (Key Personnel)

• Proficient Technical Skills

• Demonstrated high level of Writing Skills

• Demonstrated ability to accurately type at least 40 wpm

• Interpersonal Skills

• Active Listening Skills

• Project Management/Project Planning/Project Analysis experience.

• Project Management Professional, (PMP certification)

Deputy Project Manager:

• A Bachelor’s Degree and 7 years minimum experience managing 300 or greater employees

• Proficient Technical Skills

• Demonstrated high level of Writing Skills

• Demonstrated ability to accurately type at least 40 wpm

• Interpersonal Skills

• Active Listening Skills

• Supervisory Experience (Key Personnel)

Task Managers:

• A Bachelor’s Degree and/or 3 years or more managing 15 or greater employees

• Proficient Technical Skills

• Demonstrated high level of Writing Skills

• Demonstrated ability to accurately type at least 40 wpm

• Interpersonal Skills

• Active Listening Skills

• Supervisory Experience (Key Personnel)

All Resumes MUST also include either a Letter of Intent or a signed resume by the key personnel and the contractor.

Each resume at a minimum shall contain the following information:

Company: Current company affiliation and location

Education: Degree(s), School, Location of School, Major, and Year of Graduation, any Certifications

Job Title: Current & Planned Job Title

Professional Experience/Qualifications: Brief summary of experience and training.

Security Clearance: Current security clearance (if applicable)

(3) Past Performance History: The offerors’ proposal will be evaluated to determine the extent to which their performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope, and complexity of this solicitation. The Government may choose to evaluate publicly available reports, and/or data from the Contractor Performance Assessment Reporting System (CPARS). The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by offeror.

The information gathered for past performance may also be used in the responsibility determination.

The Offeror shall provide references for a maximum of five (5) contracts/Orders with the Federal Government and/or commercial customers that demonstrate recent and relevant past performance of similar scope, size, and complexity of services identified. If a contractor is using a subcontractor as a past performance referral, you must detail what role that subcontractor will be performing in this requirement and the anticipated percentage of work that subcontractor will be doing and what anticipated percentage of work that subcontractor will be doing.

Attachment F known as Past and Present Performance Survey MUST be submitted for all five (5) references. They need to be submitted by the company who is completing the Past and Present Performance Survey to the Contract Specialist, Ronald Shumate at ronald.shumate@atf.gov. Recent is defined as within the last three (3) years. Relevant is defined as work similar in complexity, magnitude, and type of the work described in the Performance Work Statement (PWS).

The government may consider the past performance of subcontractors, joint ventures, or teaming arrangements/who will perform 50% of more of the required work as outlined in the PWS.

The Offeror shall provide a detailed summary of the work performed for each past performance reference submitted. Where possible, ATF may interview each reference provided to verify project scope, dollar value, and obtain additional past performance information. The Offeror shall provide telephone, fax, and email for the points of contact for the technical and contractual personnel with each referenced project as well as a description of the referenced contracts/task orders.

Contracts performed for the Department of Justice or other relevant Law Enforcement Agencies, depending on relevancy, may be considered more significant in the evaluation.

The government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation

(4) Transition Plan: The Transition-In Plan will be evaluated for completeness, timeliness of transition process, efficiency, understanding and consideration of the current environment, and risk identification and mitigation strategies that will allow a timely and seamless assumption of services while transitioning all requirements. The Transition-In Plan will be evaluated for compliance to the RFQ, assurance of continuity of services, orderly transition of responsibility, workforce stability, and impact and risk to customers and management.

(5) Price: Price reasonableness will be determined by reviewing the Service Contract Act for the Martinsburg, WV area. It is anticipated that pricing and award of this acquisition will be based on adequate price competition. The Government will evaluate the reasonableness of the total price and will make a price fairness and reasonableness determination. Price will not be scored but will be evaluated on both the quoted tasks, and the total price quoted for the base period and all options, for determining the best overall value to the Government. The quoter shall provide hourly rates for all positions quoted. The Government will establish a “total evaluated price” based on your price quote. Price volumes failing to meet or comply with price instructions may be deemed nonresponsive. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under 52.217-8 will be accomplished by using the prices offered for the last option period, which will be added to the base and other option years to arrive at the total price. Evaluations of options will not obligate the Government to exercise the option(s).

Technical/Management Approach, Key Personnel, and Transition Plan, will be evaluated qualitatively by assigning the following ratings:

Adjectival Ratings Description Exceptional/Blue

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low. Strengths significantly offset weaknesses.

Good/Purple Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength.

Acceptable/Green Proposal indicates an adequate approach and understanding of the requirements.

Marginal/Yellow

Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate. Weaknesses are minimal and quote does not contain deficiencies.

Unsatisfactory/Red

Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

Rating Definitions

Rating Definition

Strength A proposed method or technique in the quotation that exceeds the solicitation requirements.

Weakness A flaw in the quotation that increases the risk of unsuccessful contract performance.

Significant Weakness A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency A material failure of a quotation to meet a government requirement or a combination of significant weaknesses in a quotation that increases the risk of unsuccessful contract performance to an unacceptable level.

The Past Performance factor will be rated as follows:

Adjectival Ratings Description Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Neutral The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.