Attachment 5 Instructions to Offeror.pdf

52.212-1 Instruction to Offerors - Commercial Items (Oct 2018)

This provision is incorporated by reference with the following addenda to paragraphs.

A. Addendum to 52.212-1(b), Submission of Offerors. This requirement is being issued on a full and open competition basis using a Performance Price Tradeoff (PPT) best value source selection. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offeror(s) may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

B. Proposals must be complete, self-sufficient, and respond directly to the requirements of the Request for Proposal (RFP). Failure to meet a requirement may result in an offer being determined nonresponsive and ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The Government intends to evaluate offers and award this firm fixed-price contract without discussions. However, the Government reserves the right to conduct discussions if deemed in its best interest. Therefore, the offeror’s initial proposal should contain the offeror’s best terms.

Offerors may be asked to clarify certain aspects of their proposal (e.g., the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Exchanges conducted with regard to adverse past performance or to resolve minor or clerical errors will not constitute discussions, and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. The offeror's proposal shall consist of three (3) separate parts; Part I - Technical Factor, Part II - Past Performance Factor, and Part III - Price Factor.

C. Specific Instructions:

1. Submit proposals in electronic format (one (1) CD-ROM with full proposal, plus five (5) CD-ROM with

Technical Proposal ONLY). The Price Schedule must be in MS Excel; the remainder shall be in MS Office (Word, PowerPoint, and Excel) and/or Adobe PDF Format. All proposal information shall be submitted to: 42d Contracting Squadron/PKA-1, Attention: Tatyana Webb, 50 LeMay Plaza South, Maxwell AFB, AL 36112-6334. PROPOSALS MUST BE RECEIVED IN THE 42D CONTRACTING SQUADRON BY 12:00 P.M. CDT ON 18 February 2020. Offerors are encouraged to confirm proposal receipt.

2. Offerors are cautioned that Maxwell AFB, AL has visitor control procedures requiring individuals not affiliated with the installation to obtain visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED IF HAND CARRYING CD ROMS PROPOSALS (see paragraph C.1. above).

Offerors should allow sufficient time to obtain base access and arrive at the contracting office PRIOR to the time specified for receipt of offers. Late proposals will be processed in accordance with FAR 52.212- 1(f), "Late submissions, modifications, revisions, and withdrawal of offers."

3. Addendum to 52.212-1(c), Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

4. Addendum to 52.212-1(e), Multiple Offers. Deleted

5. Addendum to 52.212-1(h), Multiple Awards. Deleted

D. Communications: Exchange of source selection information after submission of the initial proposal packages between the Government and offerors will be controlled by the Contracting Officer. E-mail may be used to transmit such information only if the e-mail can be sent encrypted, and must include “Source Selection Information – See FAR 2.101 and 3.104” in the subject line of the e-mail. Otherwise, source selection information will be transmitted via direct mailing or DROP SAFE at https://safe.apps.mil/about.php. In order to facilitate the sending and receiving of encrypted e-mails, offerors must use MS Outlook e-mail configured to support encryption or a different e-mail product that is S/MIME compatible and configured to support encryption. If you intend to submit your source selection information via encrypted e-mail, you will need to contact the following Contract Specialists: tatyana.webb@us.af.mil, and ryan.schnepf@us.af.mil prior to that first submittal in order to exchange certificates used for encryption. To ensure the process is working correctly, send a test encrypted message first (without including any source selection information). When submitting source selection information via e-mail, file suppression utilities, to include but not limited to zip files, will not be accepted.

E. Standard Form 1449, complete blocks 12, 17a, 30a, 30b, and 30c of the RFP. A scanned copy of the originally signed (“wet” signature) page or electronically signed signature page should be included in the proposal package.

F. Standard Form 30 (SF 30), complete blocks 15A-15C, for any/all amendments. A scanned copy of the originally signed (“wet” signature) page or electronically signed signature page should be included in the proposal package for any/all amendments.

G. Representations and Certifications:

1. IAW FAR 52.212-3, the offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) website, accessed through http://www.sam.gov/portal. If the offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (u) of this provision, including the additions to (c)(11) at 52.212-3, Alternate I.

2. Interested parties capable of providing the requirement must include discount terms (if any), tax identification number, CAGE code, and DUNS.

H. Authorization Letter. Submit a letter, signed at the vice-president level or equivalent or higher, that identifies the individual(s) with the authority to obligate or otherwise bind your company to the resulting contract and, if necessary, future contract modifications.

I. Joint Venture Agreement. If a joint venture arrangement exists for this acquisition, the offeror shall provide a copy of the joint venture agreement that is signed and dated by all joint venture members as part of the proposal submission.

J. Responsibility Determination and Supporting Documentation. To assist in determining offeror responsibility in accordance with FAR 9.104-3(a), the offeror shall explain how they plan to maintain adequate financial resources for a contract of this magnitude and length. The offeror shall address a fiscal plan for covering mobilization, unexpected or emergency situations, and initial performance costs prior to recoupment in the form of monthly invoice payments. If the offeror intends to rely on internally available working/operation capital, documentation of availability must be submitted. If the offeror plans to rely on financial support from external sources, documentation of availability and maximum lines of credit available (based upon the inclusion of this contract effort) must be submitted. Evidence of external funding must be provided in the form of a dated letter from the external source.

IAW FAR 9.104-5, the offeror is required to comply with the submission regarding FAR 52.209-5, Certification Regarding Responsibility Matters. Since it is the Government’s intent to make Award without Discussions IAW FAR 52.215-1, the Government may request that an offeror submit additional information so mailto:tatyana.webb@us.af.mil mailto:ryan.schnepf@us.af.mil http://www.sam.gov/portal a responsibility determination can be made. This request for additional information will not be construed as communications or discussions with an offeror as defined by FAR 15.306. An incomplete proposal may be considered to indicate lack of understanding of the requirement and may result in the entire proposal being determined “unacceptable” and eliminated from further consideration.

PART I - TECHNICAL FACTOR – Submit one (1) CD-ROM with full proposal, plus five (5) CD-ROMs with Technical Proposal ONLY. THE FIVE (5) TECHNICAL PROPOSAL CD-ROMS SHALL NOT CONTAIN ANY

PRICES OR PRICING INFORMATION.

There is no page limit on the technical proposals, but proposals shall not be excessive and shall contain only pertinent data.

Each page should contain the following legend at the bottom of each sheet:

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 FOR OFFICIAL USE ONLY

The following subfactors shall be provided by the offeror as part of the technical proposal:

Subfactor 1: Small Business Participation Plan - The offer shall provide a clear, detailed, logical, and realistic small business participation plan for the base contract period and all option years which demonstrates adequate participation by small firms in terms of value of the total acquisition, adequate complexity and variety of work for small firms to perform. The offeror shall include names of firms, realistic commitment documents with such firms, and a description of the requirement to be performed by the firms; to include an estimated value of each subcontract. The offer shall include historical records that show compliance with corporate and individual contract subcontracting plans. Of the total amount the offeror plans to subcontract for this contract, minimum percentages shall be (*):

21% to Small Business 5% to Small Disadvantaged Business 5% to Women-Owned Small Business 3% to HUBZone Small Business 3% to Service Disabled Veteran-Owned Small Business

Subfactor 2: Databases - The offeror shall describe databases in exhibits labeled A - I that meet the minimum requirements identified in Attachment 1, Statement of Requirements (SOR) as referenced below. When providing descriptions for the databases referenced below, descriptions shall be sufficiently detailed as to clearly delineate the coverage of the various databases. In addition, do not include combinations of sources (e.g., all Federal court decisions) that are already described/listed as individual sources.

Exhibit A - All Databases Menu: Offeror shall provide a detailed source listing with database titles and descriptions to be included in Exhibit A in accordance with the SOR Paragraph 2.1.1. Offeror may reference a directory or catalog that it provides as part of the technical proposal for database details so long as the description of this menu is clearly described. In those areas where dates and specific materials are not specified, the offeror shall provide a list of materials with coverage dates. List the database titles and descriptions in Exhibit A.

Exhibit B - Docket Databases: Offeror shall provide a detailed source listing describing the docket databases and research capabilities of the docket databases and their associated features in accordance with the SOR Paragraph

2.1.2. List the included databases and describe functionality in Exhibit B.

Exhibit C - Fully Accredited ABA Law School Package: The offeror shall provide a detailed source listing describing additional databases and features that it currently makes available to other ABA-accredited law schools that are not included in the "All Databases Menu" in accordance with the SOR Paragraph 2.1.3. List these databases and features in Exhibit C.

Exhibit D - United Kingdom Databases: The offeror shall provide a detailed source listing describing the databases that meet the requirements in accordance with the SOR Paragraph 2.1.4. List these databases in Exhibit D.

Exhibit E - Medical Malpractice Databases: The offeror shall provide a detailed source listing describing the databases in accordance with the SOR Paragraph 2.1.5. List these databases and features in Exhibit E.

Exhibit F - Insurance and Claims Databases: The offeror shall provide a detailed source listing describing the databases in accordance with the SOR Paragraph 2.1.6. List these databases and features in Exhibit F.

Exhibit G - Transaction Priced Databases: The offeror shall provide a detailed source listing describing the databases with standard or discounted search rates, per search, for each database in accordance with the SOR Paragraph 2.1.7. List these databases in Exhibit G.

Exhibit H - Citators: The offeror shall provide a detailed description of how the citators it provides will meet the requirements of SOR Paragraph 2.3.3.4. This description shall include the following:

a. Detailed source list of databases other than Federal Court opinion databases for which BOTH a case history citator and a general citator are available.

b. Detailed source list of databases other than Federal Court opinion databases for which ONLY a case history citator is available.

c. Detailed source list of databases other than Federal Court opinion databases for which ONLY a general citator is available.

d. Describe the currentness of citators.

Subfactor 3: Access Method Plan:

1. The offeror shall provide a detailed access method plan that identifies how the requirements for Access through the FLITE Web Server for Air Force Legal, SAF/GC, and Non AF will be met as required by the Attachment 1, SOR paragraph 2.3.2.2.

2. The offeror shall provide a detailed access method plan that identifies how the requirements for Access through JAGCNet for Army Legal will be met as required by the Attachment 1, SOR paragraph 2.3.2.3.

PART II – PAST PERFORMANCE FACTOR – Each offeror shall submit a Past Performance Volume with its proposal. The Past Performance volume shall be prepared in accordance with all instructions contained within this section. Only references for past efforts/contracts of relevance are desired.

A. Volume Organization. Submit one (1) CD-ROM with full proposal to include this past performance factor.

The offeror shall include the three (3) most recent (within three (3) years from the date of issuance of the solicitation) and relevant contract or project references (whether federal, state or local government, or private industry for the prime contractor and significant subcontractors).

B. Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrate customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc. There is no required format for submission of this information.

C. Past Performance Surveys/Questionnaires: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information.

The offeror shall ensure that the Past Performance Questionnaires (PPQ, Attachment 2) are provided to the referenced points of contact provided by the offeror. Fill in Part A of the PPQ and send directly to the references completing the questionnaire, using Cover Letter (Attachment 3). Completed questionnaires shall be sent directly to the Government by the references completing the questionnaire. References should email the completed PPQ directly to the 42d Contracting Squadron representatives below. These questionnaires are due no later than the offer due date and time in block 8 of the Standard Form 1449. Once filled out, these questionnaires are deemed acquisition sensitive and must be safeguarded accordingly.

42d Contracting Squadron Representatives:

Tatyana Webb - tatyana.webb@us.af.mil Ryan Schnepf - ryan.schnepf@us.af.mil

Past Performance Questionnaire: For each of the three (3) submitted contracts found to have some relevance to the instant acquisition, the Past Performance Team will contact the points of contact identified in the PPQs. A telephone interview will be conducted utilizing the Present/Past Performance Questionnaire (Attachment 2). The Government reserves the right to change, alter, and/or supplement the questionnaire without further notice to the offeror(s).

One (1) of the past performance references may be for a subcontractor, teaming partner, and/or joint venture partner that will perform major or critical aspects of the requirement (i.e., 10% or more of the work). Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation, to include at least twelve (12) months of documented performance during the three (3) year period. Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort.

If an offeror has no past performance history of relevance, the offeror must affirmatively state it possesses no past performance history of relevance.

The evaluation of past performance information will take into account past performance regarding (i) predecessor companies, (ii) will take into account past performance of key personnel who have relevant experience, and/or (iii) will take into account past performance regarding subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. There is no required format for submission of this information.

D. Specific Content: Offerors may include a discussion of efforts accomplished by the Offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Merely having problems does not automatically equate to a Limited or No Confidence rating, since the problems encountered may have been on a more complex program or an Offeror may have subsequently demonstrated the ability to overcome the problems. The Offeror is required to clearly demonstrate management actions employed in overcoming problems and the effects of those actions, in terms of improvements achieved or problems rectified. This could result in a rating of Substantial or Satisfactory Confidence.

E. Teaming Agreement: If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

F. Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor's consent. Provide with the proposal a letter (Attachment 4) from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor. If the subcontractor does not consent, include a statement to that effect.

PART III - PRICE FACTOR - Submit one (1) CD-ROM with full proposal to include this price factor. Complete blocks 12, 17a, and 30 a, b, and c of the SF1449. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

A. Fill in the Price Schedule for all applicable items except CLINs X006, X008, and X012. CLINs X006, X008, and X012 are Not-to-Exceed (NTE) CLINs and will not be evaluated in the Total Evaluation Price (TEP). Failure to provide pricing information for all items except CLINs X006, X008, and X012 may result in removal of the proposal from further consideration. Enter prices for the base period and each option period in the SF 1449 mailto:tatyana.webb@us.af.mil mailto:ryan.schnepf@us.af.mil

Continuation Sheet. Do not exceed two (2) decimal places when entering pricing.

B. The offeror shall provide per user pricing for all CLINs except CLINs X005, X006, X008, X012 and X019.

The Government anticipates the per user price for CLINs X001 (AF Legal), X002 (SAF/GC), X003 (Non-AF), X007 (Army), X009 (USMC), X010 (Navy), X014 (DLA), X015 (DCMA), and X020 (DCAA) for "All Databases" to be the same. If not, the offeror shall explain why. The Government anticipates that the per user price for CLINs X004 (AFLOA), X011 (Navy), X013 (Army), and X016 (DCMA) for "Docket Databases" to be the same. If not, the offeror shall explain why. Likewise, the Government anticipates that the per user price for CLINs X017 (Army) and X018 (Air Force) for "Medical Malpractice" to be the same. If not, the offeror shall explain why.

Subfactor 3: Access Method Plan: