FA238324RB005 Draft Section L 1Aug2024.pdf

FA2383-24-R-B005

Section L

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FOR

Maintenance, repair, and training on AN/TPS-70 and -78 radars to support the Secretaria de la Defensa Nacional (SEDENA) of Mexico

SOLICITATION FA2383-24-R-B005

13 August 2024

DRAFT

1.0 GENERAL INSTRUCTIONS

This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.3 as supplemented.

1.1 Proposal Compliance. The Offeror's proposal shall include all data and information requested by this solicitation and these Instructions, Conditions, and Notices to Offerors or Respondents and shall be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the solicitation, the Statement of Work (SOW), and all other parts of this solicitation. If a proposal fails to conform to the instructions provided in this Section L, it may be deemed non-responsive, and the Offeror may be deemed ineligible for award.

Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in an unacceptable proposal that the Government eliminates from consideration for award. The Government will not accept any changes to an Offerors’ proposal(s) after the closing date of this solicitation (see FAR 15.208 for further information regarding late proposals). Any proposal information submitted after the time frame listed will be considered nonresponsive and will not be accepted (see FAR 52.215-1).

Offerors are NOT permitted to take exception to any terms and conditions within the solicitation.

1.2 Proposal Clarity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the Offeror's proposal.

Offerors shall not submit elaborate brochures or documentation, binding, detailed artwork, or other embellishments.

1.3 Solicitation Discrepancies. If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall notify the Procurement Contracting Officer (PCO) in writing with supporting rationale as well as the remedies the Offeror is asking the PCO to consider as related to the omission or error.

Questions pertaining to the proposal shall be submitted no later than the date and time identified in block 9 of the solicitation (Standard Form (SF) 33).

1.4 Point of Contact. The Procurement Contracting Officer (PCO) is the sole point of contact for this acquisition. The Procurement Contracting Officer (PCO), Ms. Jennifer Lau, e-mail:

jennifer.lau.2@us.af.mil is the exclusive POC for this acquisition. Written questions or requests for clarification may be sent via email to this individual. It is encouraged that any such questions or requests be submitted within 7 calendar days after the RFP release date.

Answers to such questions and clarifications will be provided via posting questions and answers (Q&As) and/or RFP amendments on the SAM website (https://sam.gov). In the event of conflict between the answer to questions and the RFP, the original RFP shall take precedence.

1.5 Communications. Exchanges of source selection information between Government and

Offerors will be controlled by the PCO. Source selection information will be transmitted to Offerors electronically via email or DoD SAFE. If transmitted via email, the transmission shall be sent and received encrypted and must include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line.

“Source Selection Information” shall only be transmitted via encrypted emails. Any interested Offeror who plans to submit an offeror or communicate with the Contracting Office regarding the procurement upon solicitation release is required to contact the PCO as soon as possible to exchange encrypted emails to enable the transmission of Source Selection Information. The responsibility of enabling source selection sensitive communications with the Contracting Office lies solely with the Offeror.

1.6 Discussions. The Government reserves the right to evaluate proposals and award without discussions if the PCO determines them not to be necessary. In the event discussions are conducted, they will be conducted in accordance with FAR 15.306 and will be limited to those Offerors determined to be a part of the competitive range.

1.7 Electronic Reference Documents. All referenced documents for this solicitation can be found on the System for Award Management (SAM) website at https://sam.gov/content/home.

Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation. Offerors may contact the PCO if they are unable to locate any of the referenced material.

Reference ID number: FA2383-24-R-B005

1.8 Proposal Records. In accordance with FAR Subpart 4.8 (Government Contract Files), the

Government will retain one copy of all proposals.

1.9 Debriefings. The PCO will promptly notify Offerors of any decision to exclude them from the source selection; whereupon the Offeror may request and receive a debriefing in accordance with FAR 15.505 or 15.506, as applicable. Offerors desiring a debriefing shall make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable. Offerors are entitled to no more than one debriefing.

1.10 Page Size and Format

1.11 General Page Instructions. A page shall be 8.5 x 11 inches unless stated otherwise within this document. Pages shall be single spaced, and the text size shall be no less than 11-point Times New Roman Font unless stated otherwise within this document. All proposal text shall be written in English. Offerors shall use at least 1-inch margins on the top and bottom and ¾-inch side margins unless stated otherwise within this document. Pages shall be numbered sequentially by volume, starting with page one (1), for all pages that count against the page count for each volume. These page size and format restrictions shall apply to ENs if they are determined necessary. Any reproductions of the solicitation document shall be as reproduced.

Page Limitations. Page limitations shall be treated as maximums and are indicated in column J of the Self-Scoring Matrix. As indicated in paragraph 2.5.2 of this document, the responses to the Problem Statements shall not exceed five (5) pages. Anything in excess of the stated page limitation will not be read or considered in the evaluation of the proposals. Each page shall be counted except the following: cover pages, tables of contents, and glossaries. If discussions are determined necessary by the PCO, the Government will release Evaluated Notices (ENs) and page limits will be placed on responses.

Table and Chart Instructions. Legible tables and charts may be used. These displays conform to the General Page Instructions detailed in the previous section. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and will not be reviewed.

Submission Format. The Offeror shall submit each volume in electronic format via DoD SAFE, IAW the following instruction no later than the time and date identified in Block 9 of the SF 33. The proposal shall be submitted in a format readable by Microsoft (MS) Office Word 2016 (or later), MS Office Excel 2016 (or later) or Adobe PDF. Offerors shall clearly identify each volume. The files shall be consistent and uniformly named to allow for easy distinction by Volume, Tab, etc. Inclusion of company name is preferred. An example of this would be: Vol I-Tab 1-Offeror Company Information-XYZ Company

No hard copies of proposals will be accepted (hand delivered or traditional mail).

1.12 Submission Instructions. All proposals shall be submitted via DoD SAFE at https://safe.apps.mil/ where Offerors can request drop-off links. Drop-off links can also be requested via email to the responsible Contracting Office POC identified in this solicitation. Failure to request a drop-off link in a timely manner for on-time proposal submissions shall not serve as reason or grounds for late submission.

1.13 Proposal Markings. Proposals shall be marked in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

Offerors shall not include proprietary markings on attachments and documents that will become a part of the contract (i.e., Volume II documents).

1.14 Cross-Referencing. To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with no cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume and/or section will be assumed to have been omitted from the proposal.

1.15 Table of Contents. Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tables of content do not count against the page limitations for their respective volumes.

1.16 Glossary of Abbreviations and Acronyms. Volumes I - III shall contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

2.0 PROPOSAL INSTRUCTIONS

2.1 Proposal Due Date. The Offeror’s proposal shall be received by the PCO no later than the date and time identified in block 9 of the SF 33 and submitted via DoD SAFE IAW the instructions provided herein.

2.2 Proposal Organization. The Offeror shall prepare the proposal as set forth in the Table 1, Proposal Organization. The volume folders and section files shall be as defined in this table, all of which shall be within the required page limits specified in the table.

Table 1 –Proposal Organization

VOL Section L

Paragraph

VOLUME & SECTION TITLE PAGE LIMIT

I 2.3 Contract Documentation

2.3.1 Volume Organization Not Applicable

2.3.2 Offeror Company Information 2 Pages

2.3.3 Professional Employee Compensation

Plan No Page Limit

2.3.4 Responsibility Determination No Page Limit

2.3.5 Organizational Conflict of Interest (OCI) No Page Limit

2.3.6 Contract Award Document and Model

Contract No Page Limit

2.3.7 Representations and Certifications No Page Limit

II 2.5 Technical 150 Pages Table of Contents No Page Limit Glossary of Abbreviations and

Acronyms No Page Limit

2.5.2

Answers to Problem Statements (4) No more than five (5) pages for all questions

2.5.3 Self-Scoring Matrix

Appendix A

Use Provided Template

III 2.6 Price

2.6.3 Pricing Schedule

See instructions at

2.6.3

2.3 VOLUME I CONTRACT DOCUMENTATION

2.3.1 Volume 1 Organization. This volume shall be organized according to the Table 1 above.

2.3.2 Offeror Company Information. The Offeror shall provide general company information.

Any material presented here shall not be considered as meeting the requirements for any portions of other volumes of the proposal. This section will include a proposal validity statement which shall be valid through the date listed in block 9 of the SF 33. The Offeror shall be registered in the System for Award Management (SAM.gov) for the duration of the acquisition. If the Offeror’s SAM.gov registration expires prior to the proposal validity date, the Offeror shall assert its intent to renew the registration.

Within this section, offerors need to identify if they are submitting a proposal as a Joint Venture (JV). The JV partners shall be identified. Offerors shall provide copy of the JV partnership agreement. Offerors may only submit one proposal as either a prime or member of a JV; the AF will evaluate all partnership arrangements in the aggregate. If provided, this agreement will not be included in the page limit for this section.

2.3.3 Professional Employee Compensation Plan (PECP): The professional employee compensation plan and supporting information will be evaluated per FAR 52.222-46 to assure it reflects a sound management approach and understanding of the contract requirements. Failure by the offeror/populated joint venture/each joint venture partner in an unpopulated joint venture to submit this professional employee compensation plan will result in the offeror being considered as failing to meet the RFP terms and conditions.

Employee Compensation Plans that do not appear sound may result in a non-responsibility determination IAW criteria listed in Section M, 2.2.1. The Professional Employee Compensation Plan submitted in the proposal will not become part of the awarded contract.

The offeror and subcontractors/teaming partners/joint venture partners shall submit a total compensation plan setting forth an average Unburdened Direct Labor Rate and Fringe Benefits Provided for the professional employees (as defined in 29 CFR 541). The prime offeror shall also submit a list of the subcontractors to include points of contact and phone numbers who will be submitting employee compensation packages to the Government.

The PECP worksheet (Appendix B) includes a list of examples of Fringe Benefits Provided, and shall be updated by the offeror to reflect the actual Fringe Benefits Provided.

Additionally, an example for “ABC Corp” was provided within this worksheet.

2.3.4 Responsibility Determination. The Contracting Officer will make a responsibility determination for each Offeror in accordance with FAR 9.1, Responsible Prospective Contractors, as supplemented by DFARS 209.1. A contract may only be awarded to the Offerors who are deemed responsible in accordance with the FAR 9.104. If the contracting officer determines a small business to be non-responsible, the contracting officer will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency (see FAR 9.104-3 and FAR 19.6).

2.3.5 Organizational Conflict of Interest. Offerors shall submit an assessment of potential or actual Organizational Conflict of Interest (OCI) issues, if any, as related to this contract vehicle and future work. Initial notification shall be made to the Contracting Officer as soon as they become known. OCI issues include, but may not be limited to, the inability to render impartial assistance or advice to the Government, the inability to objectively perform contract work, or the unfair competitive advantage created by current or previous contractual efforts with the Government. If an actual or potential OCI exists, the Offeror shall submit a mitigation plan with the proposal. The Contracting Officer will review the submitted mitigation plan and decide as to whether the plan adequately resolves the issues and provides adequate protection to both the Offeror and the Government. Submission of mitigation plans are only required if the Offeror is aware of potential or actual OCI issues related to this procurement. If the Offeror believes no potential or actual OCI issues exist, this shall be so stated.

2.3.6 Contract Award Document and Model Contract.

The Contract Award Document consists of Sections A through J and the attachments listed as follows:

Attachment 1 – Statement of Work Attachment 2 – Exhibit A – Contract Data Requirements List (CDRL)

The Model Contract consists of Sections A through J. The offeror shall submit the “original” signed copy of the Model Contract. Signature by the Offeror on the SF 33 constitutes an offer, which the Government may accept.

2.3.7 Representations and Certifications. Offerors shall submit a signed copy of the Representations and Certifications from the System for Awards Management website, as well as copies of those Representations and Certifications specifically required under this solicitation.

2.4 EVALUATION FACTORS. The information requested in Section L will be compared against the criteria in Section M to include the following factors:

Factor 1: Technical Factor 2: Cost/Price

2.5 VOLUME II – FACTOR 1 – TECHNICAL

The Technical Volume consists of the following items:

Responses to the problem statements The Self-Scoring Matrix (Appendix A) Supporting Documentation for the Self-Scoring Matrix

2.5.1 Page Limitation. The Government will only evaluate the first 150 pages of the Technical Volume.

2.5.2 Responses to Problem Statements. The Offeror shall submit a written response to all the problem statements listed below. The responses to all problem statements shall not exceed five (5) pages in total.

Problem statements

1. The Radio Frequency (RF) driver on the TPS-70 fails and cannot be repaired.

Assuming all local and OEM spares have been consumed, what options are available which are cost effective to return the radar to operations within a reasonable amount of time? Please include industry-specific information in your response.

2. The software build on the TPS-78 (serial number 1 and not upgraded to the commercial baseline) becomes corrupted, and all recovery CDs/software have been destroyed. What options are available and what process would you follow to return the radar to operations within a reasonable amount of time?

3. The TPS-70 has a legacy Frequency Synthesizer that uses 4 sets of 4 crystals (total of 16 crystals) for a total of 64 frequencies. What is your recommendation if one (or more) of the original crystal sets are degraded? What options are available to return the radar to operations?

4. The TPS-78 uses a compressor dehydrator. What PSI does this output and why is that PSI required? What is the tolerance?

2.5.3 Self-Scoring Matrix. The Offeror shall complete the Self-Scoring Matrix (Appendix A).

Self-scores shall be verifiable using the supporting documentation specified in Column “I” of the Self-Scoring Matrix.

The offeror shall complete the Column “D” on the Self-Scoring Matrix. The offeror’s Weighted Score will be auto calculated on the first tab based on these inputs. Unless stated otherwise, the offeror shall not change, adjust, or manipulate any other cells within the matrix. The offeror shall accurately rate itself using the scoring instructions for each element as described below:

Resources required to meet Statement of Work objectives: Sufficient resources, personnel and experience to meet objectives.

Prior Experience Working with Foreign Governments/Militaries: Experience working with foreign governments in those countries and completing required documentation to support their needs.

Prior Experience with TPS-70 (Training and Sustainment): Experience conducting training, maintenance and sustainment of the TPS-70 radar in accordance with the specification in Exhibit A, Self-Scoring Matrix. Bilingual (English/Spanish) experience delivering training and materials on the TPS-70 radar.

Prior Experience with TPS-78 (Training and Sustainment): Experience conducting training, maintenance and sustainment of the TPS-78 radar in accordance with the specification in Exhibit A, Self-Scoring Matrix. Bilingual (English/Spanish) experience delivering training and materials on the TPS-78 radar.

Management and Logistics: Experience managing programs OCONUS and providing bilingual (English/Spanish) support to teams. Experience with inventory management and providing remote technical support.

Supporting Documentation. The contractor shall submit supporting documentation, as listed in Column “I” of the Self-Scoring Matrix (Appendix A), to substantiate the self-score rating.

Page Limitations. The supporting documentation submitted shall adhere to the page limitations detailed in Column “J” of the Self-Scoring Matrix (Appendix A).

Burden of Proof. The burden of proof for substantiating points in the self-score system rests with the Offeror. The proposal shall contain sufficient data to substantiate the points claimed by the Offeror. All proposal information is subject to verification by the Government. Falsification of any proposal submission, documents, or statements may subject the Offeror to disqualification from this source selection.

2.6 VOLUME III – FACTOR 3 – COST/PRICE

2.6.1 General Instructions.

a. These instructions are applicable to prime contractors as well as teaming partners. Prime contractors are responsible for ensuring that all instructions provided herein are disseminated to all their teaming partners.

b. Compliance with these instructions is mandatory; therefore, failure to comply may render your proposal ineligible for award.

c. Data beyond that required by this instruction shall not be submitted unless it is considered essential to document or support Offeror’s price position.

d. Note that an unreasonably high proposed Total Evaluated Price (TEP) for the Pricing Model may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has made an unreasonable proposal IAW Section M, paragraph 5.2.

e. All information regarding pricing documentation must be included in the Price Volume.

Under no circumstances shall any cost or pricing documentation be included elsewhere in the proposal.

2.6.2 Labor Rates. For all Time and Material (T&M) CLINs – Please provide a B-Table of fully burdened hourly rates for all categories (such as the one below). Please provide any travel information, using a spreadsheet format, including labor categories for each trip.

Labor Category Explanation of

Labor Category (ie: credentials, years of experience, etc)

Fully Burdened Labor Rate

Contract Year

Total

Labor Category I Dec 2024 – Dec 2025

Labor Category II Dec 2024 – Dec 2025

ETC.

2.6.3 Total Evaluated Price (TEP). The TEP is identified as the total value of the following:

a. Offeror proposed price for CLINs 0001, 0002, 0005, and 0006.

b. Government established value for Option CLIN 0004 – Repair and Return:

$1,500,000.00.

2.6.4 Pricing Schedule. The contractor shall provide a pricing breakout IAW Schedule B of the solicitation, for base and all options.

2.6.5 Pricing in U.S. Dollars. All proposed prices shall be submitted in USD, with unit prices in whole dollar amounts. Offers not submitted in the USD currency will not be evaluated for award. Offers not submitted in whole dollar amounts will be determined to be non-compliant.

2.6.6 Incomplete pricing information. All CLINS must be completed with a dollar amount, even if it is $0.00. Except for CLIN amounts, a $0.00 rate in a labor category, an omitted rate/fringe/taxes, or other missing price information may result in the Government determining the price proposal to be incomplete. Missing or incomplete pricing information may result in proposal rejection by the Government.

2.6.7 Rounding. All dollar amounts shall be rounded to the nearest dollar, except, all fully burdened labor rates shall be rounded to the nearest penny.

2.6.8 Preliminary Determination of Adequate Price Competition. In accordance with FAR

15.403- 1(c)(1), the PCO has made a preliminary determination of adequate price competition for this acquisition. Upon examination of the initial offers, the PCO will review this determination. If, in the PCO’s opinion, adequate price competition exists, certification under FAR 15.406-2 will not be required. However, if at any time during this competition the PCO determines that adequate price competition no longer exists, Offerors may be required to submit certified cost or pricing data or other than certified cost or pricing data IAW FAR 15.403.

3.0 Appendices to Section L. The following document(s) are appended to Section L of this solicitation:

A. Self-Scoring Matrix B. Professional Employee Compensation Plan (PECP) Example