13R000002_Sec._L_Final.pdf

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

RFP: DTPH56-13-R-000002 L-1

PART IV

SECTION L—INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

L.1 FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS

52.212-1 Instructions to Offerors—Commercial Items. (Feb 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time

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specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial

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item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST ( http://assist.daps.dla.mil ).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(iii) ASSISTdocs.com ( http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888- 227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch/ http://assistdocs.com/ http://assist.daps.dla.mil/wizard http://fedgov.dnb.com/webform https://www.acquisition.gov/

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(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.216-1 Type of Contract. (Apr 1984)

The Government contemplates award of an Indefinite-Delivery, Indefinite-Quantity Contract resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest. (Sept 2006)

(a) Protests, as defined in section 31.101 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:

Mr. Warren Osterberg Contracting Officer Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Acquisition Services (PHA-30) 1200 New Jersey Avenue, SE, Room E22-317 Washington, DC 20590.

Email: warren.osterberg@dot.gov

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

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/current/html/Subpart%2031_1.html#wp1089550 mailto:warren.osterberg@dot.gov

RFP: DTPH56-13-R-000002 L-5

http://www.dot.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract http://farsite.hill.af.mil/vffar.htm https://www.acquisition.gov/far/current/html/52_241_244.html#wp1129081

52.252-3 Alterations in Solicitation. (Apr 1984)

Portions of this solicitation are altered as follows:

NONE

52.252-5 Authorized Deviations in Provisions. (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Transportation Acquisition Regulations (48 CFR Chapter 12) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

L.2 FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS INCORPORATED BY

REFERENCE

52.214-34 Submission of Offers in the English Language Apr 1991 52.214-35 Submission of Offers in the U.S. Currency Apr 1991 52.215-1 Instructions to Offerors -- Competitive Acquisition Jan 2004

L.3 DEPARTMENT OF TRANSPORTATION ACQUISISTION REGULATIONS (48 CFR

CHAPTER 12) PROVISIONS INCORPORATED BY REFERENCE

There are no PROVISIONS UNDER DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATIONS (48 CFR CHAPTER 12) incorporated by reference in Section L.

L.4 ELECTRONIC DISSEMINATION OF RFP DOCUMENTS

An electronic copy of this RFP and its forms/attachments can be found on FedBizOpps at http://www.fedbizopps.gov/. The system is designed to automatically send out amendments if you have previously registered during the download of the solicitation at the referenced website. However, it is the Offeror’s responsibility to frequently check back to ensure that it has received all issued amendments. All amendments will be posted to, and available to download, from this website.

L.5 SOLICITATION QUESTION AND ANSWER INSTRUCTIONS

http://www.dot.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract http://www.dot.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract http://farsite.hill.af.mil/vffar.htm https://www.acquisition.gov/far/current/html/52_241_244.html#wp1129081 http://www.fedbizopps.gov/

RFP: DTPH56-13-R-000002 L-6

Questions on solicitation content, issues, or procedures must be submitted via email to Ms. Maria Munoz at maria.munoz@dot.gov or before Monday, February 11, 2013 at 5:00 p.m., Eastern. Emails must reference solicitation number DTPH56-13-R-000002.

All questions and answers will be posted on FedBizOpps at www.fedbizopps.gov under solicitation posting DTPH56-13-R-000002.

L.6 PROPOSAL DUE DATE AND TIME

Proposals must be received on or before Wednesday, February 27, 2013 at 5:00 p.m., Eastern Time.

All proposals must reference solicitation number DTPH56-13-R-000002.

L.7 PROPOSAL SUBMISSION INSTRUCTIONS

The offeror’s complete proposal must be submitted electronically in PDF format to Ms. Maria Munoz at maria.munoz@dot.gov . Only electronic (PDF) proposal submissions will be accepted. Proposals must be emailed and received on or before the stated due date and time above. All correspondence must reference the solicitation number, DTPH56-13-R-000002. Offerors must make allowances for these procedures to ensure that proposals are received prior to the closing date and time. To be considered timely, a proposal must be received by the time and date due. The Office of Acquisition Services will NOT accept late proposals.

L.8 NOTES

NOTE 1: Facsimile bids/proposals will NOT be considered for this solicitation.

NOTE 2: Until a formal notice of award is issued, any communication by the Government either written or oral is not a promise that an award will be made.

NOTE 3: The Contracting Officer is the only individual who can legally commit or obligate the

Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific written authorization from the Contracting Officer.

L.9 INSTRUCTIONS FOR PREPARATION OF PROPOSALS

L.9.1 Proposal Organization

An Offeror must respond to all requirements of this solicitation. An offer submitted without the required information will not be evaluated. For this solicitation, a proposal must have three separate volumes as follows:

Volume I – Technical Proposal: This volume must include all information requested under “Requirements for Proposal Content – Volume I.” (See paragraph L.10.1 of this Section)

Volume II – Past Performance Proposal: This volume must include all information requested under “Requirements for Proposal Content – Volume II.” (See paragraph L.10.2 of this Section)

Volume III – Administrative and Price Proposal: This volume must include all information requested under “Requirements for Proposal Content – Volume III.” (See paragraph L.10.3 of this Section) mailto:maria.munoz@dot.gov http://www.fedbizopps.gov/

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L.9.2 Proposal Format

Each volume must follow the limitations specified below. Proposals must be submitted on 8½ by 11-inch page size using a font size no smaller than 10 point. All pages must be numbered. The following conditions apply:

Proposal Volume Limitations Email Submission Each volume must be a separate

PDF file Volume I 30 pages PDF Volume II No limitations PDF Volume III No limitations PDF

L.10 REQUIREMENTS FOR PROPOSAL CONTENT

Each of the 3 volumes must include the following:

• Cover sheet containing the Offeror’s name, address, phone number, e-mail, and website address; title of Offeror’s proposal; Solicitation Number; and Proposal Volume Number.

• Table of Contents which provides enough detail to quickly locate key elements of the offer.

• Cover sheet and Table of Contents do not count towards the page limitations specified in

Paragraph L.10.2 of this Section.

L.10.1 Volume I: Technical Proposal

NOTE: The Offeror may discuss actual hourly wages paid to employees and other benefits paid to the employees in this volume. However, the Offeror must not include any references to the loaded-hourly rate charged to the Government for each labor category in this volume.

Section 1: Introduction

At a minimum, this section must contain:

• A statement describing any potential conflicts of interest. (See Section H, Paragraph H.4.)

• If any portion of the proposal has been written by other than a bona fide employee of the

Offeror, the Offeror must identify the writer’s name, employer, business relationship to the Offeror, and the sections, pages or portions of pages that he or she authored.

Section 2: Staffing, Recruitment, and Retention Capability

At a minimum, the Offeror must address the following in this section:

• Describe, in detail, its compensation and benefits package for all employee types (full-time, part-time, and temporary). The Offeror must also show how its compensation package and benefits package compare to the Service Contract Act minimum guidelines.

• Describe, in detail, its staffing and recruitment capabilities. The Offeror should include information on relationships with subcontractors or temporary staffing agencies. In situations where a subcontractor is proposed to accomplish any part of this requirement, the Offeror must address the proposed line of accountability from the subcontractor through the Prime Contractor to the Government.

• Describe its proposed qualifications for the six Labor Categories (See Section C, Paragraph C.5). The Offeror must explain its choice and reasoning behind choosing the qualifications.

The Offeror may choose not to add additional qualifications to Labor Categories, but must show its reasoning behind that choice.

• Describe, in detail, its company resources to fully staff and support the requirements of this

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contract.

• Describe, in detail, its retention capability and what incentives it has in place to actively retain its employees.

• Describe its procedures for maintaining continuity of support and providing supplemental personnel resources when necessary or in any event (extended absences of personnel, etc.)

that will require a substitution.

Section 3: Management and Technical Approach

At a minimum, the Offeror must address the following in this section:

• Describe, in detail, its Quality Assurance Plan. The Offeror should include its plan and approach for monitoring the quality of services provided and what steps/remedies it will implement when services are not up to standards.

• Describe, in detail, its Transition Plan. The Offeror must describe how it will manage the transition phase, including the identification of those persons required to implement its transition plan.

Section 4: Resumes (This section does not count towards the page limit.)

In this Section, the Offeror must provide at least TWO resumes for each proposed key personnel who possess the knowledge and skills identified in the Statement of Work, Attachment C. Pay particular attention to the “Qualifications” stated in Section C.5.1.2 and C.5.2.2.

L.10.2 Volume II: Past Performance Proposal

Section 1: Relevant Past Performance History

In this Section, the Offeror must provide a list of its three (3) most recent and relevant past performance experiences. The Offeror must include three (3) past performance references for each proposed subcontractor, if any subcontractors are proposed.

Experience that is not relevant to the performance of the Statement of Work, Section C, is not required and will not be evaluated. Contracts listed may include those entered into with the Federal Government, agencies of state and local governments, and commercial customers. If the Offeror has no experience on work of a similar nature, the Offeror must state so.

The Offeror must provide the following information for each reference:

• Company Name and Address

• Contract Number

• Contract Award Date

• Contract Type

• Contract Period of Performance and Dollar Value

• Contracting Officer Point of Contact (name and telephone number)

• Technical Point of Contact (name and telephone number)

• Description of Services Provided (include information on the scope, magnitude, and complexity of the contract)

• Description of problems encountered and what corrective actions the Offeror took to remedy the situation.

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Completed Past Performance Questionnaire by the Contracting Officer and Technical Point of Contract (see instructions listed below):

For each reference listed, the Offeror must provide the past performance questionnaire shown in Attachment J.14, Past Performance Questionnaire, to the Contracting Officer and Technical Point of Contact of the contract listed. The Contracting Officer and Technical Point of Contact are to submit the completed questionnaire (via email) directly to:

Ms. Maria Munoz

Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Room E22-301 Washington, DC 20590 email: maria.munoz@dot.gov | fax: 202-366-7974

Once the completed Past Performance Questionnaires are received by Ms. Munoz, they will be attached to the Offeror’s Past Performance Proposal and will be evaluated as part of Factor 2: Past Performance (see Section M, Paragraph M.4.1).

Section 2: Termination History:

An Offeror must discuss its experience and its subcontractors’ experiences, if any, with contract termination actions over the past five (5) years. An Offeror must identify and explain any contract termination for default or convenience of the Government and the reasons why such action was taken.

L.10.3 Volume III: Administrative and Price Proposal

Section 1: Introduction In this section, the Offeror must include a proposal price summary page that includes, at a minimum:

Name and Address of the Offeror; Taxpayer Identification Numbers (TIN), Data Universal Numbering System (DUNS), Point of Contact, dollar value of each contract period (base period and option periods), transition cost, and total dollar value of the proposal (including options and transition cost).

This section must also include the completed Attachment J.14, “PHMSA Estimated Needs at Start of Contract and For Evaluation Purposes.”

For the purposes of this solicitation evaluation, PHMSA has estimated its needs, to the best of its knowledge, as listed in Attachment J.14. The Offeror must complete the attachment using the fully-loaded category rates for the Offeror and proposed Subcontractors, if any. Additionally, the Offeror must identify in the attachment whether or not the position will be filled using its employees or subcontractor employees. If using, subcontractor employees, the Offeror must identify the Subcontractor by Company Name.

Section 2: Prime Contractor Pricing Information This section should include completed RFP Section B and completed Attachment J.13, “Actual Hourly Wage Paid to Employees.”

Certified cost or pricing data will not be required as a part of this solicitation. However, Offerors must complete Attachment J.13, Actual Hourly Wage Paid to Employees. Information on this attachment will be used to verify that the Offeror is in compliance with the applicable DOL Wage

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Determinations in effect at the time of contract award. Additionally, information on this attachment will be used during each option exercise to help determine any allowable Price Adjustment, if any, to comply with FAR 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts).

Section 3: Subcontractor Pricing Information In this Section, the Offeror must identify all subcontractors that the Offeror intends to partner with or use during the period of performance. For each subcontractor, the Offeror must:

(1) State whether or not subcontractors have an approved purchasing system;

(2) State what cost of price analysis was performed when negotiating the subcontractor costs;

(3) State whether the subcontractor complies with Service Contract Act requirements, including compliance with DOL Wage Determinations for all affected employees;

(4) Include completed Attachment J.12, “Subcontractor Proposed Labor Category Rates,” (Complete this if proposed labor category rates for the subcontractor is different from the Prime Contractor);

(5) Include completed Attachment J.13, “Actual Hourly Wage Paid to Employees.”

(Complete this for all subcontractors.)

Section 4: Completed RFP Sections In this section, the Offeror must include the signed SF 1449, signed amendments (all issued), and completed RFP Section K.

L.11 CONTRACTOR SELECTION

Selection of a Contractor will be based on a best value determination consistent with the evaluation factors described in Section M, Evaluation Factors for Award. Pursuant to the provisions of the clause at FAR 52.215-1, Instructions to Offerors – Competitive Acquisition, the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

L.12 EXPENSES RELATED TO OFFERORS SUBMISSIONS

This solicitation neither commits the Government to pay any cost incurred in the submission of the offer nor to contract for services or supplies. Any costs incurred in anticipation of a contract shall be at the Offeror’s own risk.

[END OF SECTION L]