BNATCS_DRAFT SIR_Section L.pdf

Section L – Instructions, Conditions, and Notices to Offerors

TABLE OF CONTENTS

Section L - Instructions, Conditions, and Notices to Offerors

L. 1 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE ........ Error!

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L. 2 Clauses and Provisions Incorporated in Full Text

L. 3 General Information Required to Prepare Offers

L.3.1 Responsibility for All Proposal Costs

L.3.2 Communications and RFS Questions

L.3.2.1 RFS Questions

L.3.2.2 FAA Communications with Offerors

L. 4 General Information Required to Prepare Offers

L.4.1 Volume Submissions and Projected Acquisition Milestones

L.4.2 Proposal Delivery Instructions

L.4.3 Alternate Proposals

L.4.4 Format Instructions

L.4.5 Proposal Revisions

L. 5 Volume I – Technical

L.5.1 Written Technical Proposal

L.5.1.1 Factor 1: Team Capability and Business Model

L.5.1.2 Factor 2: Acquisition Systems and Strategy

L.5.1.3 Factor 3: Systems Integration Approach

L.5.1.4 Factor 4: Oral Presentations

L. 6 Volume II – Cost/Price

L.6.1 Cost/Price Proposal Organization

L.6.1.1 Part A -- Cost/Price Model (MS Excel file)

L.6.1.2 Part B - Employee Compensation vs. Overhead/General and Administrative (G&A) 21

L.6.1.3 Part C - Invoices

L.6.1.4 Part D – Estimating Methodology and Supporting Documentation

L.6.1.5 Part E - Basis of Estimates (All CLINs and SubCLINs)

L.6.1.6 Part F - Exceptions, Assumptions, Deviations and Contingencies

L. 7 Volume III – Past Performance

L. 8 Small Business Volume IV

L. 9 Volume V – Offer and Other Documents

L.9.1 SF 33

L.9.2 Section K - Representations, Certifications and Other Statements of Offerors

Section L - Instructions, Conditions, and Notices to Offerors

L. 1 AMS 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(JULY 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

3.2.2.3-1 False Statements in Offers (Apr 2024) 3.2.2.3-6 Submittals in the English Language (Sep 2020) 3.2.2.3-7 Submittals in U.S. Currency (Sep 2020) 3.2.2.3-9 Notice of Possible Standardization (Jul 2004) 3.2.2.3-11 Unnecessarily Elaborate Submittals (Jul 2004) 3.2.2.3-12 Amendments to Screening Information Requests (Apr 2024) 3.2.2.3-13 Submission of Information/Documentation/Offers (Apr 2024) 3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of Submittals (Apr 2024) 3.2.2.3-15 Authorized Negotiators (Apr 2024) 3.2.2.3-16 Restricting, Disclosing and Using Data (Apr 2024) 3.2.2.3-17 Preparing Offers (Apr 2024) 3.2.2.3-18 Prospective Offeror's Requests for Explanations (Apr 2024) 3.2.2.3-19 Contract Award (Jul 2004) 3.2.2.3-31 Facilities Capital Cost of Money (Jul 2004) 3.2.2.3-72 Announcing Competing Offerors (Jul 2024) 3.2.4-25 Single or Multiple Awards (Apr 2023) 3.2.4-26 Multiple Awards for Advisory and Assistance Services (Apr 2023) 3.3.1-28 Notice of Progress Payments (Oct 2024) 3.3.1-29 Notice of Availability of Progress Payments Exclusively for Small Business Concerns (Nov 1997) 3.6.4-1 Waiver of Buy American Act for Civil Aircraft and Related Articles (Apr 2022) 3.11-45 F.O.B. Origin and/or F.O.B. Destination Evaluation (Apr 1999) 3.11-46 Shipping Point(S) Used in Evaluation of F.O.B. Origin Offers (Apr 1999)

L. 2 Clauses and Provisions Incorporated in Full Text

3.2.1.3-1 Notice Of Competitive Sourcing (Apr 2024)

(a) This Screening Information Request (SIR) is part of a Government competitive sourcing process to determine whether accomplishing the specified work under contract or by a Government organization provides the best value to the Government. If Government performance is determined to be more economical, then a Letter of Obligation will be issued to the competing Government organization and a contract will not be awarded.

https://fast.faa.gov/contractclauses.cfm

(b) Cost estimates for performance by the Government of the services identified in the Performance Work Statement (PWS) in this RFS will be calculated in accordance with OMB Circular No. A-76 (Revised) and submitted by designated agency personnel to the Contracting Officer not later than the time set for receipt of cost submittals from all offerors.

(End of Provision)

3.2.2.3-4 Samples (Apr 2024)

(a) 'Samples' are item samples the offeror must provide to show characteristics of your products that cannot be described adequately (for example, balance, ease of use, or pattern).

(b) The offeror must provide samples required elsewhere in this RFS as part of its offer by the time specified for receiving offers. The FAA may reject offers that do not provide samples on time (see AMS provision 3.2.2.3-14 - "Late Submissions, Modifications, and Withdrawals of Submittals").

(c) The Contracting Officer (CO) will evaluate samples to determine if they comply with all the characteristics listed in this RFS. The CO may reject offers if they do not provide samples meeting the requirements.

(d) Unless otherwise specified in the RFS, the offeror must:

(1) Provide samples at no expense to the FAA, and

(2) Pay for the samples to be returned if the offeror wants them returned.

(e) The CO may waive the requirement to provide samples; if

(1) The offeror provided the same product to the FAA ________ [when applicable, the CO will designate the FAA contracting office or an alternate activity or office that previously received this product] on a previous acquisition,

(2) The CO determines that the offeror’s product was accepted or tested and found to be technically acceptable, conforming in every material respect with those of this RFS, and

(3) The offeror will produce the product offered under this RFS at the same plant where the previously acquired or tested product was produced.

(f) If the RFS requires Information Technology (IT) devices, media, or software as samples:

(1) Contractor IT equipment, devices, media, software, applications, etc. that require connection to the FAA network or system to demonstrate features and functionality, must have the FAA Chief Information Officer (CIO) and Chief Information Security Officer (CISO) approval before connection to the FAA network or system.

(2) The offeror must provide a list of equipment and software to the FAA Security Operations

Center (SOC) for monitoring during the testing.

(3) The offeror must provide a list of FAA equipment and/or networks to the SOC to which the contractor equipment will connect.

(4) The offeror must provide to the SOC a list of protocols, ports, services, etc. required for the normal operation of the contractor hardware and software.

(5) The offeror must configure all hardware and software in the most restrictive mode to demonstrate features and functions of the contractor provided hardware and software.

(6) The offeror must remove the sample IT equipment and/or software from the FAA system or network if it causes adverse effects on the FAA system or network, or when directed by the

FAA.

(End of provision)

3.2.2.3-5 Descriptive Literature (Apr 2024)

(a) "Descriptive literature" means information (for example cuts, illustrations, drawings, and brochures) submitted as part of an offer. The FAA may need descriptive literature to evaluate details of the product. These details may be about:

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; or

(5) Methods of manufacture, assembly, construction, or operation.

(b) Descriptive literature includes only information the FAA needs to determine that the offeror will provide technically acceptable products.

(c) The offeror must mark or highlight the items it is submitting as descriptive literature so items can be easily found in the offer.

(d) The Contracting Officer (CO) may reject offers that fail to submit descriptive literature on time (see the "Late Submissions, Modifications, and Withdrawals of Offers" provision of this RFS) or in which the descriptive literature does not show that the product offered conforms to the RFS requirements.

(e) The CO may waive the RFS requirement for descriptive literature if the offeror indicates in subparagraph (e)(1) below that the offeror supplied a comparable product for a previous FAA contract and the CO determines that the product meets this RFS's requirements.

(1) The offeror represents that it [ ] has[ ] has not [check applicable box] supplied a product to the FAA_____________________ [when applicable, the CO will designate the FAA contracting office or an alternate activity or office that previously receives this product under an previous FAA contract that is the same as the product offered under this RFS.

(2) If the offeror checked 'has' in paragraph (e)(1), and seeks a waiver of the requirement for descriptive literature, it must submit the following information as part of the offer:

Previous contract number _____________________________________

Date of previous contract ______________________________________

Contract line item number of product supplied ___________________

Name and address of the FAA organization to where the offeror delivered the product _________________________________

Date of final delivery of product _______________________

(f) Offers must be submitted based on required descriptive literature or based on a product the offeror previously supplied under paragraph (e). Once an offer is submitted on one of these two bases and the deadline for receiving offers has passed, offers may not be considered on the alternative basis. The FAA will disregard a request for a waiver under paragraph (e) above if the offeror has submitted the descriptive literature this RFS requires.

3.2.2.3-20 Offers (January 2018)

(a) The offeror (you) must submit responses to this RFS by the following electronic means: CD, DVD, or USB disk (USB preferable); Two (2) copies. Your offer must arrive at the place and by the time specified in the RFS.

(b) Such offers must refer to this RFS and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.

(c) We may decline to consider offers that do not include required information, or that reject any of the terms, conditions and provisions of the RFS.

(d) Send your offer to:

David L. Reynolds, Contracting Officer Federal Aviation Administration 600 Independence Ave, SW Washington DC 20001

(202) 267-0795 David.L.Reynolds@faa.gov

(e) We will not be responsible for any failure attributable to transmitting or receiving the offer, unless it falls under section (a) of AMS provision 3.2.2.3-14 "Late Submissions, Modifications, and Withdrawals of Submittals".

(End of provision)

3.2.2.3-22 Period For Acceptance Of Offer (Apr 2024)

The offeror (you) agrees if this offer is accepted within 365 calendar days from the date the RFS specifies for receiving offers, to provide all items for which you offer prices at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

mailto:David.L.Reynolds@faa.gov

3.2.4-1 Type Of Contract (Apr 1996)

The FAA contemplates award of a hybrid contract including Cost Plus Award Fee, Cost Plus Fixed Fee, Cost Plus Incentive Fee, Firm Fixed Price, Time and Materials, and Fixed Price resulting from this Request for Solutions.

(End of provision)

3.6.1-17 North American Industry Classification System (Naics) Code (Oct 2022)

The North American Industry Classification System (NAICS) code for this procurement is:

541512.

The small business size standard as defined by the Small Business Administration (SBA) is the following:

For NAICS codes based on SBA’s calculation of annual receipts, the annual average receipts cannot exceed $34,000,000.00.

3.9.1-3 Protest (Apr 2024)

AS A CONDITION OF SUBMITTING AN OFFER OR RESPONSE TO THIS RFS (OR

OTHER SOLICITATION, IF APPROPRIATE), THE OFFEROR OR POTENTIAL OFFEROR

AGREES TO BE BOUND BY THE FOLLOWING PROVISIONS RELATING TO

PROTESTS:

(a) Protests concerning Federal Aviation Administration Request for Solutions (RFSs) or awards of contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted.

(b) Offerors initially should attempt to resolve any issues concerning potential protests with the Contracting Officer. The Contracting Officer should make reasonable efforts to answer questions promptly and completely, and, where possible, to resolve concerns or controversies. The protest time limitations, however, will not be extended by attempts to resolve a potential protest with the Contracting Officer.

(c) The filing of a protest with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile or if permitted by order of the ODRA, by electronic filing. A protest is considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.

(d) Only an interested party may file a protest. An interested party is one whose direct economic interest has been or would be affected by the award or failure to award an FAA contract.

Proposed subcontractors are not "interested parties" within this definition.

(e) A written protest must be filed with the ODRA within the times set forth below, or the protest shall be dismissed as untimely:

(1) Protests based upon alleged improprieties in a solicitation or a RFS that are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for the receipt of initial proposals.

(2) In procurements where proposals are requested, alleged improprieties that do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, must be protested not later than the next closing time for receipt of proposals following the incorporation.

(3) For protests other than those related to alleged solicitation improprieties, the protest must be filed on the later of the following two dates:

(i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or

(ii) If the protester has requested a post-award debriefing from the FAA Product Team, not later than five (5) business days after the date on which the Product Team holds that debriefing.

(f) Protests shall be filed at:

(1) For filing by hand delivery, courier or other form of in-person delivery:

Office of Dispute Resolution for Acquisition Federal Aviation Administration 600 Independence Avenue SW., Room 2W100 Washington, DC 20591; or

For filing by U.S. Mail:

Office of Dispute Resolution for Acquisition Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 [Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or

Telephone: (202) 267-3290 Facsimile: (202) 267-3720 Alternate Facsimile: (202) 267-1293; or

(2) Other address as specified in 14 CFR Part 17.

(g) At the same time as filing the protest with the ODRA, the protester shall serve a copy of the protest on the Contracting Officer and any other official designated in the RFS for receipt of protests by means reasonably calculated to be received by the Contracting Officer on the same day as it is to be received by the ODRA. The protest shall include a signed statement from the protester, certifying to the ODRA the manner of service, date, and time when a copy of the protest was served on the Contracting Officer and other designated official(s).

(h) Additional information and guidance about the ODRA dispute resolution process for protests can be found on the ODRA Website at http://www.faa.gov.

(End of provision)

3.14-8 Non-FAA Information Systems (Jul 2017)

(a) For all non-FAA Information systems (including those from cloud services providers) to be used under this contract, offerors must disclose with their proposal all countries where FAA data and information is to be stored, processed, backed up to, or if the data and information is transmitted through an international processing hub or exchange.

(b) Offerors must disclose to the FAA with their proposal, the country of ownership (if more than 50% foreign-owned) for all subcontractors and third parties that will process, store, or backup the data and information.

(c) If an international processing hub or exchange is involved or there are foreign-owned subcontractors or third parties, offerors must provide to the FAA with their proposal, the details of the security measures for how the contractor, subcontractor, and third party processing facilities will protect the FAA data and information at the subcontractor or third party processing facility.

L. 3 General Information Required to Prepare Offers

L.3.1 Responsibility for All Proposal Costs The FAA is not responsible for, and will not pay or reimburse, any costs incurred by Offerors in the development or submission of any aspect of their proposals under this RFS. This includes costs associated with any aspect of the proposal activity and any research, studies, or designs carried out for the purpose of incorporation into any part of the proposal. It also includes any costs to acquire or contract for any services or products relating to the offer under this RFS.

L.3.2 Communications and RFS Questions

L.3.2.1 RFS Questions Any questions or requests for clarifications regarding any section of the RFS must be prepared in writing and submitted to the Contracting Officer via electronic mail. Questions and requests for clarifications must be identified and segregated by topic, and must make reference to the applicable RFS section or paragraph, e.g. Section H, Provision H-3, subparagraph (a).

Questions will be answered via amendment and provided to all Offerors on the Internet at www.sam.gov. The FAA will not attribute the questions to the submitting Offerors, but the text of the questions and answers may be available to the general public.

All questions and requests for clarifications relating to this RFS must be received by the Contracting Officer by the date listed in Section L, or otherwise promptly upon being identified.

The Offeror is solely responsible for ensuring that the FAA Contracting Officer has received the questions or requests for clarifications.

Any Offeror desiring an explanation or interpretation of the RFS, drawings, specifications, etc., is instructed to make such request as part of their submittal. Oral explanations or instructions from the FAA given to Offerors before the award of the contract will be binding only if confirmed in writing.

If an Offeror believes that these instructions contain an error, omission, or are otherwise unsound, the Offeror must immediately notify the Contracting Officer in writing with supporting rationale.

Any information concerning the RFS given to any Offeror will be promptly furnished to all other Offerors. Subject to [Section L.7], correspondence other than Proposal delivery may be via email.

L.3.2.2 FAA Communications with Offerors Offerors must note the following:

• Communications with one Offeror do not require communications with any other Offeror.

• The FAA communications may occur orally or in writing.

• The FAA reserves the right to conduct communications, discussions, and negotiations with one, some, all, or no Offerors.

• The FAA is not obligated to advise Offerors of weaknesses, risks, or deficiencies identified in their proposals.

• Content of the communications may vary among Offerors

• Any information provided in response to an FAA issued communications may be used in the evaluation of proposals.

L. 4 General Information Required to Prepare Offers Offerors must comply with all instructions. Failure to comply with the instructions in any way may result in a determination that the proposal will not be evaluated by the FAA. This determination will be made at the sole discretion of the Contracting Officer. Proposals must conform to all incorporated AMS clauses and be prepared in accordance with this section. To aid in the evaluations, proposals must be clearly and concisely written as well as neat, indexed (cross indexed as appropriate) and logically assembled. All material submitted should be directly pertinent to the requirements of this RFS. Extraneous narratives such as elaborate brochures, and general corporate public relations material must not be submitted.

L.4.1 Volume Submissions and Projected Acquisition Milestones The following acquisition milestones are provided for information purposes only and are subject to change.

ACTIVITY DATE

RFS Release July 11, 2025 Deadline for Offerors’ RFS Questions and Discrepancy Notification per Section L.3.3.1

4:00 pm EST on July 17, 2025

Volume I – Technical Volume II – Cost/Price Volume III – Past Performance Volume IV – Small Business Volume V – Offer and Other Documents

4:00 pm EST on August 11, 2025

Contract Award Fall 2025

L.4.2 Proposal Delivery Instructions Offerors are fully responsible for ensuring that proposals are submitted in accordance with the schedule above to the following address:

David L. Reynolds, Contracting Officer Federal Aviation Administration 600 Independence Ave, SW Washington DC 20001

(202) 267-0795 David.L.Reynolds@faa.gov

Delivery after the appointed time will not be accepted.

L.4.3 Alternate Proposals No alternate proposals will be accepted. The Government reserves the right to award a contract based on initial submittals received. Therefore, each Proposal should contain the Offeror’s best terms from a price and technical standpoint. An objection to any of the terms and conditions of mailto:David.L.Reynolds@faa.gov this RFS may constitute an exception, which may make the offer unacceptable.

L.4.4 Format Instructions Offerors must furnish the proposal in five (5) separate volumes:

Volume Number Volume Title

I Technical II Cost/Price III Past Performance IV Small Business V Offer and Other Documents

Electronic copies, including the Cost Model, must be compatible with Microsoft Office 365. The electronic copies must be provided via email to the point of contact listed in Section L.4.2, with file names that are consistent with the structure of the proposal. Electronic copies must be print ready in accordance with the instructions below.

Paper size must be 8-1/2 by 11-inch. The font must be 12 point (with the exception of pre-printed product literature). 10 point font is acceptable for tables, charts, and graphics. Each page must have at least 1” margins on each side of the page. Fold-outs are permissible up to 11" by 17", such sheets must count as two (2) pages. The Offeror’s proposals must not exceed the page limitations set forth in Table 1 below. If page limits are exceeded, those pages in excess of the number allowed will be disregarded and not evaluated. Pages that exceed the maximum page limitation will not be evaluated. All pages of each part must be appropriately numbered, and identified with the name of the Offeror, the date, and the solicitation number to the extent practicable; this information and only this information may be included as headers and footers in the 1” margin space. Offerors must not cross-reference other volumes of the proposal. A single printed side of 8-1/2 by 11-inch paper counts as one page. Pages with printing on both sides count as two pages.

A Cover Page, Table of Contents, Glossary of Terms, and Index may be included but will not be evaluated and will not be included as part of the page count. Resumes will not be included as part of the page count.

In the event of any conflicts between the Offeror’s prices described within its Cost Model and the remainder of its Cost/ Price Volume, the Cost Model will take precedence. The Offeror must provide a certification that the prices proposed and the total proposed price contained in the electronic version of the proposal is exactly the same as the electronic version provided within the Offeror’s Cost Model.

In order for the technical proposal to be evaluated strictly on the merit of the material submitted, NO PRICE INFORMATION MAY BE INCLUDED IN VOLUME I. Proposals that do not comply may be rejected.

Additionally, electronic submissions of the Volume II Cost/Price must be submitted with the Government provided Cost Model with all imbedded functionality still enabled.

Offerors should assume that the FAA has no prior knowledge of their proposed solutions, capabilities, or experiences and that the FAA will base its evaluation solely on the information presented in their proposals.

Offers must submit proposals containing information that is viable, substantiated, and realistic.

The FAA will:

a) Review, analyze, and consider each proposal, which will include the written proposal content, and any written communication items, if issued.

b) Identify any strengths, opportunities, weaknesses, and risks for each element within each factor in each proposal.

c) Rate each factor according to the rating levels defined in Section M by assessing the findings of each element within the factor. The element findings will form the basis for the factor rating.

Table 1: Proposal Volumes

Volume Volume Title Page

Limit

I Written Technical Proposal 100 II Cost/Price None III Past Performance None IV Small Business None V Offer and Other Documents None

L.4.5 Proposal Revisions Proposal modifications are limited to those modifications required to address FAA communications or specific changes depicted in a RFS amendment. In response to FAA communications, Offerors must limit modifications to their proposals to the pertinent proposal sections and the subjects of the communications. If change pages are required, except for the Cost Model, the Offeror must indicate the changes exactly and must not exceed the total page count listed for the original proposal, as set forth herein. Instructions will be issued with any RFS amendment regarding any effect to total page count of the proposals affected. Any information provided by the Offeror outside the scope of the Communication Item or the RFS amendment will not be used in the evaluation.

The FAA may correct administrative errors, such as mathematical errors or inaccurate cross references. In this event, the FAA will notify the Offeror of the change and may afford the Offeror an opportunity to submit an corrected proposal.

L. 5 Volume I – Technical Offerors are instructed to provide information for each of the sections described below in the Technical Proposal. Offerors must fully substantiate an approach that is sound, complete, valid and achievable; demonstrate an understanding of the requirements, and address all requirements of the Technical Proposal.

L.5.1 Written Technical Proposal The Technical Proposal must describe how the Offeror will perform the efforts required by the Statement of Objectives. The Technical Proposal must consist of the Offeror’s proposed approach for addressing the technical and support aspects of the acquisition. It should indicate the Offeror’s capabilities and the means to be used to satisfy the requirements of the RFS in its entirety. It will be evaluated in accordance with Section M and it should be specific and complete in detail. The proposal must provide a straightforward explanation of what it is the Offeror will do to satisfy all requirements of the RFS. In accordance with Section M, any Offeror with a rating of “unsatisfactory” on any element, in any factor of the Technical volume may be excluded from further consideration.

L.5.1.1 Factor 1: Team Capability and Business Model Offerors must describe the following eight (8) elements:

Element 1.1 Program Management, Reporting, and Collaborative Tools – how the Offeror will use transparent, collaborative tools that FAA can directly access.

Element 1.2 Communication Strategy - how the Offeror will communicate effectively with all stakeholders.

Element 1.3 Work Processes, Workflows, and Forums - how the Offeror’s work processes, workflows, and forums enable efficient consideration of a wide array of stakeholder interests and how the Offeror integrates those pieces of information into a logical outcome.

Element 1.4 Strategy for Managing Resources - how the Offeror manages required resources.

Element 1.5 Organizational Structure -how the Offeror’s organizational structure, including all relevant teams, executives, and subcontractors, will interact with FAA counterparts and how the Offeror will ensure appropriate access to FAA counterparts and proper authorities to execute the mission with sufficient priority access to resources.

Element 1.6 Key Personnel - how the Offeror's proposed key personnel will benefit the brand-new air traffic control system. Offerors are instructed to propose as many key personnel as they see fit, and at a minimum include the positions as outlined in Section H.6. This includes Offeror’s key personnel and proposed team have the appropriate experience to lead complex integration efforts and clearly maps the Organization structure to the job descriptions of the key personnel explaining roles, functions, and duties.

Element 1.7 Management of Subcontractors – how the Offeror will manage subcontractors, to include invoicing and payment terms, contractual terms in various circumstances, negotiations, teaming arrangements, business commitments, accountability, and talent retention. The Offeror must elaborate on how they plan to complete the following items:

(a) Manages subcontractors in a manner that is timely and cost-effectively delivers the brand-new NAS.

(b) Proposes allocation of award fee to the subcontractors and explanation of how that allocation aligns to the work the subcontractors perform.

(c) Explains the approach to subcontracting and demonstrates successful management over all levels of subcontracts on the contract.

Element 1.8 Conflict of Interest Mitigation - how the Offeror will guard against conflicts of interest throughout internal and external business units to include current or proposed protections in place within the business model and tools in which are currently being utilized to mitigate the risk of data leakage across company business lines. The Offeror must detail current and or proposed protections demonstrate a clear understanding of information control, the seriousness of separation of business units and the overall mitigation plan to eliminate conflicts of interest that the FAA determines cannot be mitigated.

L.5.1.2 Factor 2: Acquisition Systems and Strategy The Offeror must describe the following six (6) elements:

Element 2.1 Experience and Knowledge in Major Acquisitions – experience and knowledge in major acquisitions – both as a provider and a customer - to include lessons learned, risks and opportunities, and translating those lessons learned into actionable guidance for future acquisitions. This section must outline how Offeror demonstrates knowledge and experience in the acquisition realm both as a provider and a customer, including highlighting lessons learned and translating those lessons into risks and opportunities for this integration effort.

Element 2.2 Approach to Acquisitions - Its approach to acquisitions in general to include competitions and how to approach an uncompetitive circumstance. This approach must detail how the Offeror demonstrates an effective approach to acquisition methodologies, including recommendations of competition or non-competition. As part of its approach, the Offeror must include a sample Request for Consent to Subcontract Package for a $10 Million subcontract. At a minimum, the Request for Consent to Subcontract Package must include the contractor(s) under consideration; the period of performance for the work to be performed; contract type; the extent and nature of the proposed contract; the justification for using subcontractor effort and the amount of the proposed subcontract.

Element 2.3 Approach to Preserving Future Choices for the FAA - Its approach to preserving future choices for the FAA. This approach must identify acquisition decisions relative to this work scope that may limit future choices. Additionally, this approach must identify practices and procedures that are maximally effective in mitigating those limits to include how the Offeror demonstrates an approach that commits to expanding the FAA’s future choices, which may include avoiding vendor/ product lock.

Element 2.4 Cost Control - Its approach to cost control for both the short term and the long term, and how those decisions will be prioritized. The Offeror must demonstrate a strategy for short-term and long-term FAA cost avoidance and balancing competing interests.

Element 2.5 Approach to Collaborating with the FAA to Establish Requirements, Schedules, Goals, and Priorities - Its approach to collaborating with the FAA to establish requirements, schedules, goals, and priorities. The Offeror’s approach must demonstrate a realistic and practical way to integrate US Government involvement in sourcing and other key decisions that impact the NAS.

Element 2.6 Approach to Incentivizing Success from Subcontractors - Its approach to incentivizing success from subcontractors to include how the Offeror unambiguously defines and incentivizes success through its subcontract arrangements, including test and acceptance criteria.

L.5.1.3 Factor 3: Systems Integration Approach The Offeror must describe the following six (6) elements:

Element 3.1 Start Up – how the Offeror demonstrates a plan to immediately start work after contract award – with a team that is fully staffed and ready to work, including names, expertise, and a signed letter of commitment from all prospective employees, and an immediate plan to integrate its own work force with the FAA’s and accelerate towards rapidly deploying capabilities.

Element 3.2 Integration Ability – how the Offeror demonstrates the ability to integrate/ interoperate complex and diverse systems, technologies, facilities, and equipment into a cohesive, modernized, and secure operational environment.

Element 3.3 NAS Operational Oversight – how the Offeror demonstrates a viable plan for operating, monitoring, and maintaining the Brand-New NAS.

Element 3.4 Transition Planning and Cutover Design – how the Offeror outlines a transition plan from the current NAS to the Brand-New NAS to demonstrate understanding of the transition challenges with emphasis on technological innovation.

Element 3.5 Integrated Schedule – how the Offeror proposes a schedule that is detailed, realistic, and achievable.

Element 3.6 Knowledge of Cutting-Edge Technology – how the Offeror demonstrates knowledge and experience with technological advancements and how to evaluate software and other technology for quality, efficiency, and modernity.

L.5.1.4 Factor 4: Oral Presentations The Offeror must demonstrate its understanding of an FAA-provided use case and provides comprehensive and creative solutions. The rules for the oral presentation will be provided in advance of the Offeror’s presentation and the FAA may require key personnel to attend and answer directed questions.

L. 6 Volume II – Cost/Price The Cost/Price Volume II must be in separate files plainly marked "Volume II: Cost/Price Proposal."

Offerors are instructed to provide information that is adequate and sufficient to establish the completeness, consistency, realism, and reasonableness of the proposed cost/price. Offerors must include all information related to the proposed cost/price, all required supporting documentation, and data to substantiate that all requirements of this RFS are fully addressed.

Pricing instructions are applicable to the prime Offeror and to each division or segment of the prime contractor (if proposed as intercompany work). Compliance with these instructions is mandatory and failure to comply may result in rejection of the proposal. The burden of proof for credibility of proposed pricing rests with the Offeror. Pricing data must not be included within any other volume and, if included within other volumes, it will be discarded and excluded from the evaluation.

The FAA anticipates that adequate price competition will exist; thus Offerors are not required to submit Certified Cost or Pricing Data with their proposals. The FAA requires submission of

“information other than certified cost and pricing data” as specified in AMS Procurement Guidance T.3.2.3. The FAA reserves the right to request additional cost and pricing data if the Contracting Officer deems it necessary to determine if proposed prices are fair and reasonable and/or realistic.

The prime Offeror must provide the following information in the beginning of its price proposal:

a. Date of Submission;

b. Solicitation number;

c. Name, address of Offeror, CAGE code/s and DUNS Number/s;

d. Name, signature, and telephone number of point of contact;

e. Total Proposed Price;

f. A list of all proposed subcontractors/team members and subcontract type for this effort;

g. Its cognizant Government (DCAA/DCMA) officials contact names, phone numbers and e-mail addresses; and

h. If the Offeror has contracts subject to full CAS coverage, provide copies of determination of adequacy and compliance of the CASB Disclosure Statement and identify any determinations of noncompliance with any CAS, if applicable.

i. The Offeror must provide the most recent Government letter(s) affirming adequacy of its accounting system.

Unrealistically low or unreasonably high proposed prices or inconsistencies between the cost and non-cost volumes may be grounds for eliminating an Offeror from competition on the basis that the Offeror does not understand the complexity and risks of the contract requirements or has made an unrealistic or unreasonable proposal. Additionally, proposals with unbalanced prices may be rejected.

L.6.1 Cost/Price Proposal Organization The Offeror must submit Volume II using the following format:

Part A -- Cost/Price Model (MS Excel file) Part B – Employee Compensation vs. Overhead/General and Administrative (G&A) Part C - Invoices Part D - Estimating Methodology and Supporting Documentation Part E -- Basis of Estimate (All CLINs and Sub-CLINs) Part F – Exceptions, Assumptions, Deviations, and Contingencies

L.6.1.1 Part A -- Cost/Price Model (MS Excel file) Offerors must create a Cost Model which will contain the Offeror’s total proposed price. All formulas and calculations must remain visible and unprotected. The Offeror is responsible for ensuring all tables are populated and verifying that its proposed prices are accurate and complete for the scope and entire period of performance of the effort.

The Cost Model must, at a minimum, provide a full accurate cost build up to include direct labor and all indirect costs.

L.6.1.2 Part B - Employee Compensation vs. Overhead/General and Administrative (G&A) Offerors must include direct labor costs plus fringe benefits against overhead/G&A expenses in addition to both the proposed G&A rates and the maximum ceiling G&A rates proposed by the Offeror. This information is to include overhead rates and material/subcontractor handling rates.

The contractor must not include additional fees to subcontractor rates or materials.

L.6.1.3 Part C - Invoices Offerors must provide detailed sample invoices for both the Offeror and Subcontractors. The FAA will review the clarity of charges and the breakdown of all fees and handling charges.

L.6.1.4 Part D – Estimating Methodology and Supporting Documentation

Forward Pricing Rates Please provide the backup data used to derive each of the forward pricing rates proposed in your submission at the account level of detail. If applicable, the Offeror must provide copies of its Forward Pricing Rate Agreement(s) (FPRA) or Forward Pricing Rate Recommendation (FPRR), or any Forward Pricing Rate Proposal (FPRP) used for this proposal and copies of DCAA or DCMA responses to those submissions. The Offeror must provide an explanation of extent that DCMA FPRA/FPRR or other Government accepted indirect rates were utilized, and explain any differences between FPRA/FPRR and proposed rates, if any. If there is an update to the agreement, recommendation, or proposed rates during the evaluation period, the Offeror must provide the update. This requirement is also applicable to any segment of the prime Offeror proposed to perform intercompany work.

Direct Labor-Rates and Hours

a. The Offeror's proposal must include a breakdown of labor hours, rates, and costs by labor category. The Offeror must discuss the rationale used for development of the proposed direct labor rates. The mix of labor assumed for blended rates must be provided. In addition, Offerors that propose weighted or blended rates to account for the contract period of performance crossing the Offeror’s fiscal year must include a worksheet showing the computation of the rates.

b. For proposed rates that are not covered by an FPRA, FPRR, or FPRP, Offerors must provide sufficient data to provide a basis for evaluating the reasonableness of the proposed direct labor rates. This may include payroll reports, salary surveys or any other data to substantiate the proposed rates. If the Offeror proposes labor rates based upon salary survey, it must provide the survey data and demonstrate how the survey salaries reflect and align to the Offeror’s actual salary structure or pay setting practices for similar labor categories. Additionally, the Offeror must indicate how many of its existing personnel it intends to employ for this effort and what their actual salaries are, if applicable.

c. The Offeror must provide a mapping/crosswalk between the prime and/or subcontractors internal job classifications/labor categories and Government contract labor categories.

d. The Offeror must discuss the application and rationale of proposed escalation rates for direct labor, if applicable.

e. The Offeror must disclose and explain the accounting method used to calculate the proposed direct productive per person (DPPH) hours (e.g. 1,920) used in their cost estimate.

f. The Offeror must disclose its policy, procedures and proposed use of uncompensated overtime for this proposal and disclose the impact, if any, to its proposed direct labor rates at the prime and subcontract levels, including intercompany transfers.

Indirect Costs

a. The Offeror must clearly explain and demonstrate the application of each rate. Offerors that propose weighted or blended rates to account for the contract period of performance crossing the Offeror’s fiscal year must include a worksheet showing the computation of the blended rate.

b. For indirect pool and allocation base details, the Offeror must provide dollar amounts for each individual account in the indirect pool as well as the allocation base dollars.

c. For each account within the indirect pools, the Offeror must provide identifiers that clearly describe the type of costs accumulated in a manner that would allow the FAA to conduct a nomenclature review and understand the nature of expenses associated with each account.

d. For proposed rates that are not covered by an FPRA or FPRR, Offerors must provide sufficient data to provide a basis for evaluating the reasonableness of the proposed rates.

The proposal must state how the Offeror computed and applied the indirect costs, and include cost breakdowns, forecasts, trends, budget data, and any other relevant data to support the proposed indirect costs. The Offeror must submit, for each indirect rate, year-end pool and base amounts for the last three completed fiscal years. The Offeror must include forecasts, trends, budget data, and any other relevant data to support the proposed indirect costs.

e. If the Offeror does not elect to claim facilities capital cost of money (FCCM) in its proposal, it will be considered an unallowable cost if included in the contract billings.

Other Direct Costs/Materials/Subcontractors Offerors must explain and provide adequate support to substantiate all proposed subcontractors, materials and other direct costs (ODCs), such as, but not limited to interdivisional transfers, shared services, consultants, software, computer support services, packaging and taxes. In addition, the Offeror must provide documentation to support the basis for pricing for all materials, software and ODC items proposed (vendor quotes, invoice prices, etc.), as well as any proposed escalation/inflation factor. The prime Offeror must perform either cost or price analysis of all subcontractor and/or intercompany work transfer proposals and provide evidence by including these analyses and final determinations as part of its own proposal.

Additional subcontract submission requirements:

For Subcontracts proposed to be awarded by the prime on a Firm-Fixed-Priced or T&M basis:

a. The prime Offeror’s submission package must include detail from each proposed subcontractor. Each subcontractor may use its own format. However, the subcontractor or intercompany data (e.g. labor categories, labor rates and/or total cost/price) in the prime Offeror’s proposal must be traceable to each respective subcontractor’s submission.

Cost-Plus-Award-Fee (CPAF) CLINs/SubCLINs For CPAF CLINs, the Offeror is not to include fee in their cost model as award fee will be applied according to Section H.25.1.

L.6.1.5 Part E - Basis of Estimates (All CLINs and SubCLINs) Offerors must submit an unpriced Basis of Estimate (BOE) for each CLIN/SubCLIN. Each BOE must be unpriced (i.e. prices and costs are not included) and clearly identify and explain the logic, rationale method, data and calculations used to estimate the resources proposed for each task of this RFS such as, but not limited to labor category mix, level of effort, productivity or efficiency factors and types and quantities of materials and ODCs, including a break out by subcontractor and/or segment or division proposed as Intercompany work.

The BOE information must be organized and separated by CLIN/SubCLIN and WBS. Each BOE must be cross referenced to the specified FAA Contract Work Breakdown Structure (CWBS) as outlined in AMS Clause 1.13-1 Notice of Earned Value Management System (July 2016) and be traceable to any applicable section of the proposal. It is the Offeror’s responsibility to ensure the prime and subcontractor resources (labor categories, labor hours, etc.) specified in the BOEs match the resources priced in the Offeror’s Cost Model Workbook.

L.6.1.6 Part F - Exceptions, Assumptions, Deviations and Contingencies Offerors must provide an explanation of cost assumptions, methodologies, deviations, contingencies or exceptions from the Price Proposal instructions provided in Section L. If exceptions are taken, the Offeror must list each exception, and provide the rationale for each exception. Each exception must be specifically related to a specific paragraph/section of the

RFS.

L. 7 Volume III – Past Performance

Offerors must provide a minimum of three (3) examples of corporate experience for active or complete “relevant and recent” contracts, task orders, or subcontracts (including Federal, State, and local Government and commercial) directly related to the statement of objectives identified in the Statement of Objectives (Section C). The experience information provided may be for either the prime or a key BNATCS team member. Recent is defined as within the last ten (10) years of the date of proposal submission.

It is incumbent upon the Offeror to explain the relevance of the past performance information provided. It is not the responsibility of the FAA to search for information to correct problems in the past performance descriptions. The burden of providing thorough and complete past performance information remains with the Offeror.

The Offeror must provide the Contract Performance Customer Survey (Attachment J-3) to the points of contact for the contracts described in their Past Performance submittal. Contractor Performance Customer Surveys will include assessment of work quality, timely performance, satisfied customers, effective program management, cost control, and efficient contract administration. This assessment will be based on the past performance information submitted in accordance with this section.

The FAA will request that the points of contact rate the Offeror’s performance on the referenced contract. The Offeror must instruct the points of contact to send survey responses to the Contracting Officer. Email submittals of survey responses to the Contracting Officer will be accepted. Offerors are responsible to confirm receipt of Past Performance surveys. Offerors are responsible for the submittal of past performance surveys.

L. 8 Volume IV – Small Business The Offeror’s proposal must address how the Offeror will assist the FAA to meet its Small Business subcontracting goals. Offerors must provide a detailed subcontracting plan that demonstrates it will fulfill all of the requirements contained within AMS Clause 3.6.1-4, Small Business Subcontracting Plans.

For this acquisition, the following minimum goals are established:

• At least 10 percent of total contract value must be allocated to small businesses and at least 2.5% of all contract dollars allocated to either a registered 8(a) certified company, a woman-owned company, or a service-disabled-veteran-owned small business.

These goals must apply over the complete contract period of performance, including the base period and each exercised option period. Offerors are encouraged to meet at least the minimum subcontracting goals and should fully support the reasons for proposing different goals.

L. 9 Volume V – Offer and…