SF_1449_Continuation_Bell_429_Helicopter.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

THU Helicopter Modernization Plan – Bell 429

Section B Continuation of SF1449

Block 19

Contract Line Items for

0001 Bell 429 Helicopters, Estimated Quantity: 3 – Base Year

0002 Bell 429 Helicopters, Estimated Quantity: 0 – Option Year 1

0003 Bell 429 Helicopters, Estimated Quantity: 1 – Option Year 2

Block 20

Schedule of Supplies / Services

A. Bell 429 Helicopters

The Federal Bureau of Investigation (FBI), Critical Incident Response Group (CIRG), Tactical Helicopter Unit (THU) has a requirement to upgrade its helicopter capabilities through the Helicopter Modernization Plan. This phase of the

Helicopter Modernization Plan involves trading in up to eight (8) Bell 407 helicopters and purchasing four (4) Bell

429 helicopters over the course of three years (base year and two, one-year options).

The THU will establish a single award, Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) to procure the

Bell 429 helicopters. The Offeror shall provide a single price for each Bell 429, which is inclusive of the following:

(1) Credit for trading in two Bell 407 helicopters for each Bell 429. To determine the value of the Bell 407 aircraft available for trade in, the THU will allow up to two representatives per company to evaluate the helicopters. This evaluation will include the physical inspection of the aircraft and inspection of maintenance records. This inspection will take place near Quantico, VA. Offerors may schedule an hour visit to inspect the aircraft between the dates of February 8, 9, or 14th between the hours of 8:30am to 3:00pm.

By prior coordination only. Offerors must provide names of their representative(s) and preferred date(s)/time(s) to Mr. Robert Rose (rhrose@fbi.gov) to schedule the inspections.

(2) Project management to oversee completion of non-recurring engineering (NRE) on the minor modifications to finish a “green Bell 429” to specification outlined in Attachment 1: Bell 429 Accessories / Minor

Modifications. A “green Bell 429” is a generic helicopter without any modifications or accessories.

(3) Delivery of a complete Bell 429 outfitted to the specification outlined in the THU – Bell 429 specifications.

B. IDIQ Minimum and Maximum Amounts

The minimum amount guaranteed is $4,500,000 over the life of the contract. The maximum amount over the life of the contract is $25,000,000.

Block 25: Accounting Data

Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts unilaterally by the government.

Section C – Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Office will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov.

(End of Clause)

52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

52.219-9 Small Business Subcontracting Plan (Jan 2017)

52.232-18 Availability of Funds (Aug 1984)

52.233-4 Protest After Award (Aug 1996)

52.242-17 Government Delay of Work (Apr 1984)

52.243-1 Changes – Fixed Price (Aug 1987)

52.253-4 Changes (Jun 2007)

JAR 2852.201-70 Contracting Officer’s Technical Representative (COR) (Jan 1985)

(a) Mr. Robert Rose, Tactical Helicopter Unit, (703) 632-1573, is hereby designated to act as Contracting

Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

JAR 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

http://www.acquisition.gov/

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/33.htm#P38_6919 either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f).

The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

52.212-5 Contract Terms and Conditions Required Implement Statutes or Executive Orders – (Nov 2017)

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/33.htm#P38_6919

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

___ (10) [Reserved]

___ (11)

___ (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10

U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award of the base year through the last day of the final option year.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Ordering Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $4,500,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $25,000,000.00;

(2) Any order for a combination of items in excess of $25,000,000.00; or

(3) A series of orders from the same ordering office within ____N/A_________ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within

THREE (3) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

Section D - Contract Documents, Exhibits, Attachments

Attachment 1: Bell 429 Accessories / Minor Modifications

Attachment 2: Past Performance Profile

Section E Solicitation Provisions

52.212-1 Instructions to Offerors – Commercial Items. (Jan 2017)

Responses to this solicitation shall be submitted to Steven Williams (Contractor) at sawilliams@fbi.gov. The due date for response to this solicitation is on or before 26 February 2018 at 10:00am EST. Responses shall be emailed with the subject line of: “DJF-18-2200-000B429”. (Please insert the appropriate volume number in lieu of #). See clause

52.212-1 for a full description of what is required in each clause. All questions regarding this requirement must be submitted via email no later than 7 February 2018 at 10:00am EST. Quotes must include a point of contact (including phone number, fax number and email address), contractor DUN’s number and CAGE Code. All quotes must be valid for at least 60 days.

Quote Structure

The Offeror shall prepare the proposal as set forth in the Quote Organizational Table below. All Volumes shall be in

11 pitch font or larger. Graphics may be small than 11 pitch however they must be legible. The electronic copy may be in MS Word, Excel or PDF or some combination thereof. The contents of each proposal volume are described in the table below:

Volume Title Copies Page Limit

I Technical 1 Electronic copy 30

II Past Performance 1 Electronic copy 30

III Small Business Sub-Contracting Plan 1 Electronic copy 5

IV Price 1 Electronic copy 5

Volume I: Technical

Executive Summary

The Executive Summary shall present an overview of the Offeror’s quote. An effective Executive Summary will function as a roadmap and will help Government evaluators understand the Offeror’s overall approach to satisfying the requirements of this Statement of Work. The Executive Summary should be concise and highlight any key or unique features, excluding Price. The salient features presented in the Executive Summary will not be considered as meeting the requirements for any portions of other volumes of the quote. This section will not count toward the page count of Volume I.

Technical: Sub-Factors I(a) – I(d)

Each sub-factor shall have a cover sheet with the name of the sub-factor. There is no specification on the coversheet and the coversheet does not count toward the page limit. Each technical sub-factors I(a) through I(d), must contain a copy of a certificate, if applicable, and a statement signed by an officer of the company certifying that they are providing the documentation required per FAR 52.212-2. For instance, the requirement for sub-factor I(a) Certified:

Part 145 facility calls for a CFR Part 145 certificate. The Offeror shall provide a copy of the certificate and a statement signed by an officer of the company attesting to the authenticity of the document.

Technical: Sub-Factors I(e)

The technical sub-factor I(e)must detail a project plan for delivering Bell 429 helicopters. The Offeror shall provide a coversheet titled Technical Sub-Factor I (e): Project Plan to Deliver Bell 429 Helicopters mailto:sawilliams@fbi.gov

Volume II: Past Performance

The past performance volume shall be a collection of the past performance profiles. The Offeror shall provide a coversheet titled Volume II: Past Performance. The coversheet does not count against the page limit.

Volume III: Small Business Sub-Contracting Plan (If applicable)

The small business sub-contracting plan is required if the prime contractor is an Other Than Small Business per NAICS

Code 336411, Aircraft Manufacturing. The Offeror shall provide a coversheet titled Volume III: Small Business Sub-

Contracting Plan. The coversheet does not count against the page limit.

Volume IV: Price

The Offeror shall provide a coversheet titled Volume IV: Price. The coversheet does not count against the page limit.

The Offeror shall provide a list of all assumptions impacting their price volume.

(End of Provision)

52.212-2 Evaluation – Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation provides the best value to the Government. The following factors shall be used to evaluate offers:

I. Technical

a. Certified: Part 145 facility;

b. Certified: Approved Bell repair facility;

c. Certified: On-site production pilot;

d. Certified to install required accessories; and,

e. Project plan to deliver Bell 429 helicopters.

II. Past Performance

III. Sub-contracting Plan (Not required if prime is a small business)

IV. Price

Evaluation Factors Summary

Evaluation Factors / Sub-factors

Description Evaluation

Method

I. Technical Degree technical proposal volume address the following:

Adjectival

a. Certified: CFR Part 145 Repair Station

Offeror must certify and provide a copy of their Part 145 certificate.

Pass/Fail

b. Certified: Bell repair facility

Offeror must certify and provide proof they are an authorized Bell repair facility.

Pass/Fail

c. On-site production pilot

Offeror must certify and provide the name(s) of their on-site test pilots.

Pass/Fail

d. Certify all accessories are installed

Offeror must have the capability to manage oversee the application and award of Supplemental Type Certificates (STC) for all minor modifications.

Pass/Fail

e. Project Plan Offeror must provide project plan that shows all major milestone and significant time-phased or event driven activities to provide Bell 429 aircraft

Adjectival

II. Past Performance Offeror may provide up to 5 (five)past performance profiles of work that support your experience delivering helicopters

Adjectival

III. Sub-Contracting Plan If an Other Than Small Business is proposing to work as the prime contractor then a small business sub-contracting plan is required.

Pass/Fail

IV. Price Price proposal shall provide a single price for each Bell 429.

Reasonableness and Realism

I. Technical

Proposals will be evaluated using a combination of pass/fail and use of the color-coded and adjectival rating system below for the Technical sub-factors. This system will allow the Technical Evaluation Team to ensure the Offeror has the required technical capabilities to meet the Government’s requirements. Offeror’s who do not receive a pass rating in sub-factors I.a.-I.d. or Unacceptable for I.e. will be ineligible for award. The adjectival rating for I(e) will be the adjectival rating for the Technical evaluation factor since sub-factors I(a) – I(d) are pass / fail.

a. Certified: CFR Part 145 Facility

The Offeror shall provide a copy of the valid, CFR Part 145 Repair Station certificate. This evaluation sub-factor will be evaluated using a Pass / Fail evaluation method.

Rating Description

Pass The Offeror possesses a valid CFR Part 145 Repair Station Certificate.

Fail The Offeror does not possess a valid CFR Part 145 Repair Station Certificate.

b. Certified: Approved Bell Repair Facility

The Offeror shall provide a copy of documentation confirming they are authorized by Bell Helicopter to perform the finishing required to convert a “green” Bell 429 helicopter to a finished Bell 429 helicopter with the minor modifications and furnishings specified in Attachment 1. This evaluation sub-factor will be evaluated using a Pass /

Fail evaluation method.

Rating Description

Pass The Offeror possesses valid documentation confirming they are an authorized Bell Helicopter repair facility.

Fail The Offeror does not possess valid documentation confirming they are an authorized Bell Helicopter repair facility.

c. On-site Production Pilot

The Offeror must have an on-site production pilot to verify the airworthiness and performance of each helicopter.

Rating Description

Pass The Offeror has an onsite post-production pilot who will perform airworthiness and the performance of each helicopter.

Fail The Offeror does not have an onsite, post-production pilot who can perform airworthiness and the performance of each helicopter.

d. Capability to Oversee the Application and Award of STCs

The Offeror must certify they have the ability to apply for and receive STCs.

Rating Description

Pass The Offeror certifies they have the capability and to apply for and receive STCs for non-recurring engineering requirements.

Fail The Offeror does not certify they have the capability and to apply for and receive STCs for non-recurring engineering requirements.

e. Project Plan

The Offeror shall provide a detailed, time-phased and/or event driven plan to deliver Bell 429s per the solicitation.

The plan must include anticipated delivery dates(s) and major milestones. If subcontractors are used to deliver the aircraft, then the plan shall outline names and roles of key people involved in coordinating all aspects of the work performed by subcontracts. The plan must address assumptions and strategies to manage or otherwise mitigate risk to performance, schedule and cost. The plan shall address how engineering / production staff adheres to a quality management system, such as AS9100 or ISO 9001 to ensure they are delivering Bell 429s to ensure the modifications and accessories are properly installed and meet the specifications in Attachment 1, Bell 429 Accessories / Minor

Modifications. The plan should serve as tool to assist the Offeror in communicating the progress of delivering Bell

429s.

Project plans will be evaluated by use of the color-coded and/or adjectival rating system below. This system will allow the Government to assign an overall rating based upon identification of strengths, weaknesses, deficiencies, and risks associated with the project plan. The intent of the rating system is to add objectivity to the evaluation process such that meaningful and consequential differences between the proposals are recognized, and insignificant differences are not considered. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings.

II. Past Performance Evaluation

(a) Completed Attachment 2: Past Performance Profile or a form that resembles the attached form will be the primary source of information used for evaluation purposes. Offeror shall provide at least three past performance profiles, and no more than 5 (five), over the past five years. Subcontractor past performance may be included however their past performance responses shall not be more than 50% of the responses received.

Project Plan Adjectival Rating Table

Color Rating Description

Blue Exceptional

Project plan meets indicates an exceptional approach and understanding of the requirements. Exceeds performance or capability standards noticeably by demonstrating multiple significant strengths. No weaknesses or deficiencies noted.

Risk of unsuccessful performance is very low.

Purple Good

Project plan meets indicates a thorough approach and understanding of the requirements. Exceeds some performance or capability standards by demonstrating one or more strengths. No or few weaknesses noted that are offset by the strengths and no significant weaknesses or deficiencies identified. Risk of unsuccessful performance is low.

Green Acceptable

Project plan meets indicates an adequate approach and understanding of the requirements. Weaknesses are minor or will have little or no impact on contract performance. No deficiencies exist. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal

Project plan does not demonstrate an adequate understanding of the requirements. Errors and omissions may exist. One or more weaknesses or significant weaknesses are noted. Risk of unsuccessful performance is high.

Red Unacceptable Project plan contains one or more deficiencies. Risk of unsuccessful performance is guaranteed.

(b) The Government may query the Government agency references proved by the Offeror. Other sources may include interviews with program managers and contracting officers, information available in databases such as PPIRS and CPARS, and available information from previous source selections or contractor capability assessments. If included, subcontractors’ past performance importance may vary depending upon how extensively an offeror proposes to use subcontractors. If the Offeror has no past performance history a rating of neutral will be assigned. Under this factor, large business offerors shall also be evaluated on their past performance achievement or compliance with small business subcontracting goals under previous Government contracts.

(c) Past performance will be evaluated on two rating scales: relevancy and confidence as outlined below.

Factor III – Volume C: Past Performance (Adjectival Rating).

Past Performance Relevancy Ratings

Rating Definition

Very Relevant Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat

Relevant

Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(d) The assessment for Past Performance will be based on the following confidence ratings.

Performance Confidence Assessment Rating

Rating Definition

High Confidence Based on the Offeror’s performance record, essentially no doubt exists that the

Offeror will successfully perform the required effort.

Satisfactory

Confidence

Based on the Offeror’s performance record, some doubt exists that the Offeror will successfully perform the required effort. Normal contractor emphasis should preclude any problems.

Unknown

Confidence (Neutral)

No recent/relevant performance records is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Limited Confidence Based on the Offeror’s performance record, substantial doubt exists that the

Offeror will successfully perform the required effort.

No Confidence Based on the Offeror’s performance record, extreme doubt exists that the Offeror will successfully perform the required effort.

III. Small Business Subcontracting Plan

The small business sub-contracting plan is required if the prime contractor is an Other Than Small Business per

NAICS Code 336411, Aircraft Manufacturing. The small business sub-contracting plan shall contain a plan which is compliant with FAR 19.704. The small business sub-contracting plan shall also address how the work on this Bell

429 contact with the FBI support the plan.

IV. Price

The price volume shall provide a single price for each helicopter, inclusive of the trade-in of Bell 407s, modifications and outfitting of Bell 429, and all services to delivery finished Bell 429s. The price provided by the Offeror shall include the cost of all major milestones and tracks closely to the project plan contained in Volume I(e). Pricing will be assesses for accuracy, reasonableness and realism. Pricing shall be based on delivering three (3) Bell 429s in the base year and one (1) Bell 429 in Option Year 2. The government anticipates issuing a delivery order within 30 days of awarding the IDIQ.

V. Use of Contractors in Source Selection Evaluation

Offerors are advised that Contractor personnel may participate as non-voting facilitators on the Source Selection Evaluation Board. The name of the participating Contractor that may be used to provide advisor(s) for this requirement are GCS, Inc. a privately held company incorporated in the Commonwealth of Virginia.

(End of Provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates awarding a Fixed Price, Indefinite Delivery Indefinite Quantity Contract resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the

Contracting Officer by obtaining written and dated acknowledgment of receipt from Richard I. Sanders.

Richard I. Sanders

935 Pennsylvania Avenue, NW

Washington, DC 20535

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision) https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_1.html#wp1088681