Section L Final 001

SECTION L

DTFH71-12-R-00009

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INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

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

http://www.arnet.gov/far/ http://www.dot.gov/ost/m60/tamtar/tar.htm http://www.dot.gov/ost/m60/earl/tam.htm

(End of Provision)

The following PROVISIONS are included by REFERENCE only:

PROVISION

NUMBER PROVISION TITLE PROVISION

DATE

52.215-1 Instructions to Offerors-Competitive Acquisition Jan 2004

52.215-16 Facilities Capital Cost of Money Jun 2003

(End of Referenced Provisions)

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include -

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

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(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Fixed Priced - Award Term Contract resulting from this solicitation.

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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from Eastern Federal Lands Highway Division, Acquisition Office, 21400 Ridgetop Circle, Sterling, VA 20166.

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

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Instructions for Preparation of Proposals

In responding to this solicitation please submit your proposal in two separate parts as follows:

Part I - Technical Proposal-

A technical dissertation describing in detail how you would proceed if awarded a contract. Include the following elements in your technical proposal (see also the statement of work and the technical evaluation criteria):

A. Technical and management approach.

B. Assumptions, deviations, and exceptions (as necessary).

C. Identify technical uncertainties, and make specific proposals for the resolution of any uncertainties.

D. A general history of your firm and a description of your experience with references in providing administrative, clerical, and records management services.

Part III - Cost or Price Proposal-

Your cost or price proposal shall be specific, complete in every detail, and separate from your technical and staffing proposals. Cost figures must not be shown in the forwarding letter or in the technical or staffing proposals.

A. General.

1. Submit your cost or price breakdown utilizing Standard Form 1447 Section B. The Standard Form 1447 shall be completed and signed.

2. Clearly identify all costs and data in support of the proposed cost/price.

Other Divisions, Subsidiaries, Affiliated companies involvement

3. If other divisions, subsidiaries, a parent or affiliated companies, will perform work or furnish materials under this proposed contract, please provide the name and location of such affiliate and your intercompany pricing policy.

4. As part of the specific information required, you must submit with your proposal, and clearly identify as such, cost or pricing data (that is, data that are verifiable and factual and otherwise as defined at FAR 15.801). In addition, submit with your proposal any information reasonably required to explain your estimating process, including:

a. The judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and

b. The nature and amount of any contingencies included in the proposed price.

5. There is a clear distinction between submitting cost or pricing data and merely making available books, records, and other documents without identification. The requirement for submission of cost or pricing data is met when all accurate cost or pricing data reasonably available to you have been submitted, either actually or by specific identification, to the Contracting Officer or an authorized representative. As later information comes into your possession, it should be promptly submitted to the Contracting Officer.

The requirement for submission of cost or pricing data continues up to the time of final agreement on

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6. In submitting your proposal, you must include an index, appropriately referenced, of all the cost or pricing data and information accompanying or identified in the proposal. In addition, any future additions and/or revisions, up to the date of agreement on price, must be annotated on a supplemental index.

7. By submitting your proposal, you, if selected for negotiation, grant the Contracting Officer or an authorized representative the right to examine those books, records, documents, and other supporting data that will permit adequate evaluation of the proposed price. This right may be exercised at any time before award. The Federal Highway Administration may use an independent contractor for cost and price analyses.

8. As soon as practicable after final agreement on price, but before the award resulting from the proposal, you shall, under the conditions stated in FAR 15.804-4, submit a Certificate of Current Cost or Pricing Data.

B. Direct Labor.

1. Complete Standard Form 1447 Section and attach supporting schedules indicating types or categories of labor together with labor hours for each category, indicating rate of compensation. Indicate the method used in computing the labor rates. If individual labor rates are proposed, give employee names.

2. State whether any additional direct labor (new hires) will be required during the performance period of this acquisition. If so, state the number required.

C. Facilities and Special Equipment, Including Tooling.

1. It is the general policy of the FHWA not to provide general or special purpose equipment, facilities, or tooling of a capital nature except in unusual circumstances. Items having a unit cost of less than $1,000 will not be provided to you except as authorized with nonprofit institutions or State and local governments. If special purpose equipment of a capital nature is being proposed, provide a description of the items, details of the proposed cost including competitive prices, and a justification as to why the Government should furnish the equipment or allow its purchase with contract funds.

D. Facilities Capital and Cost of Money.

If you intend to claim facilities capital and cost of money as a cost element of your proposal, you must complete and include Form CASB-CMF in your cost proposal. Form CASB-CMF is not required of offerors who submit the form to support forward pricing rate agreements or who otherwise make annual submissions of the form to FHWA or a cognizant administrative or auditing office.

E. Subcontracts/Consultants.

If subcontractors and/or individual consultants will be used in carrying out the requirements of this project, the following minimum information concerning the subcontractor shall be furnished:

1. Name and address of the subcontractor or consultant.

2. Statement of work and work plan (schedule) for the portion of work to be conducted by the subcontractor or consultant.

3. Cost proposal

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4. Names and positions of personnel who will be working on the Contract.

5. A letter or other statement from each proposed consultant and/or subcontractor indicating that he has been approached on the matter of participation in this Contract and that he is willing and able to do so in the terms indicated.

6. When cost or pricing data are required, a cost and price analysis of each subcontract/consultant proposal shall be performed, as required by FAR 15.805-1(c).

OTHER FINANCIAL/ORGANIZATIONAL INFORMATION

You must attach a supplemental sheet providing the following information:

1. Indicate your fiscal year period (provide month to month dates).

2. Indicate whether the proposed indirect cost rate(s) have been audited and accepted by any Federal audit agency. Give name, location and telephone number of the agency, and the date of acceptance. If no Federal audit has taken place, data supporting the proposed rates over the past three years must accompany the cost proposal.

3. Indicate whether your cost estimating system has been approved by any Government agency. If so, provide the name, location and telephone number of the cognizant agency, and date of approval.

4. Indicate whether your cost accumulation system has been approved by any Government agency. If so, provide the name, location and telephone number of the cognizant agency, and date of approval.

5. Attach a current financial statement, including a balance sheet and statement of profit or loss for the last completed fiscal year.

Financial Report: Enclose one copy of the most current Financial Statement Report(Unaudited) you have for your firm, packaged separately.

NOTE: Contractors are reminded that they are fully responsible for reading and complying fully with all referenced contract clauses and provisions that are included in this document. Contractors should pay special attention to the clauses and provisions that require a time sensitive submittals to the Government.

End of Section L