Section_L_-_MACC_-_10_Feb_2013-FBO.docx

FA4801-11-R-0003

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Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTIONS TO OFFERORS:

NOTE: “Notice to Offerors: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an

1. PROGRAM STRUCTURE AND OBJECTIVE

The Government intends to award between 3 and 5 contracts for the Holloman AFB Multiple Award Construction Contract (MACC) program. The Government reserves the right to award without discussions. THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS.

Award will be made on the basis of “best value” utilizing LOWEST PRICE/TECHNICALLY ACCEPTABLE source selection procedures with technical factors and past performance. It is the intent of the Government to award contracts to contractors that provide the “best value” to the Government over the entire period of performance. Each awarded contract will have one (1) twelve-month base period, and four (4) twelve-month options, and a method of adding replacement contractors. .

B. GENERAL INSTRUCTIONS

2. Compliance: To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The proposal shall consist of three (3) separate volumes;

D. OFFERS

Volume 3 – PAST PERFORMANCE

Separate CDs are not required for each volume. Offerors shall submit the SF 1442 on paper with an original signature. Offerors are advised to submit sufficient information to enable evaluators to fully ascertain the offeror’s capability to perform the requirements contemplated by the solicitation. The data submitted with each proposal shall be complete and concise but not elaborate.

2. A list of the offeror’s primary Points of Contact shall be submitted as part of the Technical proposal.

E. FACTOR 1 – PRICE (including SF 1442 and reps and certs)

2. These instructions are to assist offerors in submitting information that is required to evaluate reasonableness of proposed pricing and costs. Compliance with these instructions is mandatory and failure to comply may result in rejection of an offeror’s proposal.

a. Fixed Element Pricing (FEP) Rate: The contractor shall fill in its FEP rate in the blanks provided for the base year and each option year in section J attachment 1, “Fixed Element Pricing Schedule.” These rates will become contractually binding (if a contract is awarded). For all future project proposals, the contractor will use this rate (or a discounted rate) to propose indirect costs and profit by applying it to “total direct costs.” The FEP rate shall be inclusive of all indirect costs and profit including but not limited to all overheads and burden rates, General and Administrative, insurance, and any/all other costs that cannot be attributed as a direct cost to the individual project, except Bond and New Mexico Gross Receipts Tax (NMGRT). The FEP rate shall NOT include bond or New Mexico Gross Receipts tax (NMGRT). Bond and NMGRT shall be listed as the 3rd to last and 2nd to last cost lines, respectively, on each project cost proposal, immediately before the Grand Total line. Evaluation of this area will be addressed in Section M under the Price Factor.

b. Demonstration Project Pricing Sheet: The contractor shall fill in its price for the demonstration project in section J attachment 2, “Demonstration Project Pricing Sheet.” The contractor shall use its FEP rates (as described in para a. above) to propose a price to perform the demonstration project in each of the contract ordering periods from the base year through option year four. Note: the prices proposed will be contractually binding. The Government intends to award the demonstration project, if funded. Offerors will be required to describe their estimating assumptions, such as escalation factors, as described below under the technical sub factor, “Demonstration Project.”

c. Cost and Pricing Data. Cost data is NOT required for the FEB rate. However, cost data IS required for the Demonstration Project, and will be addressed later in this solicitation.

d. Contract Documents: In addition, the offeror’s proposal shall include the following sections in the Price Proposal Volume from the solicitation:

(1) Section A - Solicitation/Contract Form SF 1442: Complete Form SF 1442 as applicable and sign and date. Signature by the offeror on the SF 1442 constitutes an offer, which the Government may accept. The "original" copy should be clearly marked under a separate cover sheet.

(2) Section I - Contract Clauses: Offeror shall complete and submit any applicable clause requiring information to be filled in.

(3) Section K – Representations and Certifications: Complete and submit this section in addition to completing On-Line Representations and Certifications and Application (ORCA) at http://www.bpn.gov/orca.

e. Other Information Required

(1) Executive Summary: Each offeror shall submit an Executive Summary as part of the price proposal of no more than 3 pages total which summarizes the key points from the offeror’s Price, Technical, and Past Performance areas. The Executive Summary Section is not included in the Volume I page limitation.

(2) Authorized Offeror Personnel: Offerors shall provide the following information.

(i) The name, title and telephone number(s) of the company/division point(s) of contact regarding decisions made with respect to the proposal and who can obligate the company contractually.

(ii) The name, title, and telephone number(s) of those individual(s) authorized to negotiate with the Government for this solicitation.

(iii) Company/Division Address, Identifying Codes, and Applicable Designations: Offerors shall provide company/division’s street address, county and facility code; CAGE Code; DUNS Number; TIN number; and size of business (large, small, 8(a); etc.).

(3) Reserved

(4) Bank Reference: In order to assist in determining the offerors’ responsibility, offerors, Financial Information Request, provide it to their financial institution, and instruct them to complete and return it to the Contracting Office not later than the required proposal submission date.

(5) Bonding: In order to assist in determining the offerors’ responsibility, offerors shall complete the highlighted areas of Attachment #26, Bonding Information Request, provide it to their surety, and instruct them to complete and return it to the Contracting Office not later than the required proposal submission date.

(6) 8(a) verification from the cognizant Small Business Administration (SBA) office. SBA approved status in the 8(a) program is a prerequisite for award. Joint Venture (JV) relationships and Mentor/Protégé agreements require SBA approval prior to award. It is imperative that offerors intending to perform as a JV or under the Mentor/Protégé program submit verification of their status in the 8(a) program with, or as soon as possible after, submission of their proposal. Prior to award, the Government will notify potential awardees who have declared their intent to apply for SBA approval of a JV or Mentor/Protégé program that they must provide their approved agreement within three (3) calendar days of receipt of the notice. Such notice does not, in any way, imply that the Government will make award to any particular offeror. No award will be made to an entity that has not been approved by SBA in their 8(a) program.

F. FACTOR 2 – TECHNICAL

2. Your response will be evaluated against the Technical factors defined in Section M, Evaluation Factors for Award. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying these sub factors. Any assumptions made, where it is reasonable to do so, shall be clearly stated. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is neither necessary nor desirable for you to state this in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

Note: the offeror is responsible for obtaining any forms required for evaluation, whether or not they are provided as an attachment to the solicitation.

3. Sub Factor 1: Construction Management and Capability: (Page limitation: 20 pages). The offeror shall describe their overall technical capability, to include all construction disciplines, identified by NAICS code, for which they possess resources, expertise, certifications, capacity, etc., to perform under this contract. Describe in-house or other access to program management, engineering, various trades, skilled labor and other expertise. Describe management systems to include cost, schedule and quality management, procurement management, safety management, environmental management, logistics management and/or any other applicable management systems that would be utilized in performance of this contract, paying particular attention to your firm’s knowledge and capability with respect to the following risk areas: 1) performing construction on or near an airfield (in particular, address airfield access requirements and procedures); 2) offeror’s organization and approach to ensuring timely mobilization and schedule management to avoid delays, (in particular, address your knowledge of and capability with respect to Holloman AFB visitor access requirements and background investigations to ensure timely availability of contractor personnel, craftsmen and laborers); 3) the offeror’s organizational approach to project estimating/bidding and how you identify and address potential cost risks in the both proposal and the construction phase in order to minimize requirements creep and scope/cost growth via change orders, requests for equitable adjustment, and claims; and 4) provide a narrative description of your overall Quality Control approach to the basic IDIQ MACC and how it would mitigate risks such as possible Foreign Object Damage (FOD) for projects on or near the airfield, and how it will be applied to individual projects awarded under this contract. The narrative shall address the method and frequency of inspections; names, qualifications and experience of QA personnel and the scope of their responsibilities and authority; and the supervisory relationship between the contractor’s on-site managers/superintendents and its QA personnel.

4. Sub factor 2: Demonstration Project Proposal: (Page limitation: unlimited)

The offeror shall provide a technical approach to accomplish the design-build Demonstration Project. At a minimum, the proposed approach shall include all of the following essential components:

a. The contractor shall provide a complete 35% construction design which ensures the successful completion of the Demonstration Project.

b. Provide description of procedures, processes and methods for tracing the progress of the project and interface with the Government which addresses overall performance for both design phase and construction phase. Description shall include, but not be limited to, a discussion of the overall performance time for both the design and construction phases, composition of the design-build team (including any major subcontractors) and their involvement throughout the process with particular attention to quality, timeliness, and cost control. Include filled out AF Form 3064 Progress Schedule, and 66, Schedule of Material Submittals.

c. Include a price breakdown for the Demonstration Project by providing a completed AF Form 3052, Construction Cost Estimate Breakdown, and a completed Demonstration Project bid schedule. Offers should be complete, accurate, and sufficiently detailed to demonstrate their price is realistic and reasonable, reflects a clear understanding of the requirement, and is consistent with the offeror’s technical proposal. Offeror shall include narrative descriptions with the cost breakdowns for Direct Labor, Direct Material, and Other Direct Costs that explain the estimating methodologies/tools and assumptions used to arrive at the cost figures. Note: This portion of the proposal will also be used in selecting a source for the Demonstration Project should funding become available. (See section M.)

G. FACTOR 3 – PAST PERFORMANCE

2. Your response will be evaluated against the Past Performance factor defined in Section M, Evaluation Factors for Award.

Note: the offeror is responsible for obtaining any forms required for evaluation, whether or not they are provided as an attachment to the solicitation.

a. Past Performance Information Sheet (PPIS):

(i). Each offeror shall submit a past performance volume with its proposal, containing past performance information in accordance with the format contained in the PPIS (See Attachments). Offerors are cautioned that the Government will use data provided by each offeror in this volume and data obtained from other sources in the evaluation of past performance. All past performance information shall be evaluated in accordance with the Past Performance factor as defined in Section M, Evaluation Criteria.

(ii). Offerors shall submit information on at least three (3) but no more than six (6) RECENT contracts considered most RELEVANT in demonstrating performance abilities on the proposed effort. Also, offerors shall include information, if applicable, on up to three (3) recent contracts performed by each joint venture partner considered most relevant in demonstrating their ability to perform the proposed effort. Please refer to the Past Performance factor in Section M, Evaluation Criteria for definitions of what is considered “recent” and what is considered “relevant”. Each PPIS shall not exceed 4 pages. Offerors shall include rationale supporting the assertion of relevance. Offerors who submit less than the preferred number of PPIS forms requested are not automatically assigned an “Unknown Confidence” rating. Fewer numbers may be acceptable if the Government determines there is sufficient information to determine a confidence rating.

b. Consent and Client Authorization Letter: The offeror shall submit, along with the information required in this paragraph, a Consent Letter (See Attachments), executed by each joint venture partner (if applicable), authorizing release of adverse past performance information to the offeror so the offeror can respond to such information. For each identified effort for a commercial customer, the offeror shall also submit a Client Authorization Letter, authorizing release to the Government of requested information on the offeror’s performance.

c. Early Proposal Information: Each offeror is requested to submit the past performance volume with past performance information for each relevant/recent contract at least fourteen (14) calendar days prior to the solicitation closing date. Failure to submit proposal information early will not result in offeror disqualification.

d. Past Performance Questionnaire: Questionnaires will not be used in this LPTA selection.

e. Specific Content: Offerors shall provide a narrative explaining what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. This 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 little 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 encountered. The offeror shall clearly demonstrate management actions employed in overcoming problems and the effects of those actions, in terms of improvements achieved or problems rectified. This may allow the offeror to be considered a higher confidence candidate.

f. Organizational Structure Change History: Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. These changes may have taken place during the time of performance of relevant past efforts or between the conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevance determination, offerors shall include a "roadmap" describing any/all such changes in their organization. A pamphlet or other commercial document describing such reorganizations may suffice. As part of this explanation, show how these changes impact the relevance of any efforts identified for past performance evaluation/ performance confidence assessment. Since the Government intends to consider past performance information provided by other sources as well as that provided by the offeror(s), the "roadmap" should be both specifically applicable to the efforts identified, yet general enough to apply to efforts on which the Government receives information from other sources.

G. EXCEPTIONS TO SOLICITATION REQUIREMENTS

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in the format and content of Table 1. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being removed from consideration for award.

Table 1—Exceptions to Solicitation Requirements

SOLICITATION

Document Paragraph/ Page Requirement/ Portion

Rationale

6. Alternate Proposals: Alternate proposals will not be accepted.

H. INCURRED EXPENSES: The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. Between 3 and 5 small business contractors who are awarded a contract under the MACC will be awarded a delivery order to meet the minimum guaranteed amount (also see Section M, Paragraph H.2). The Government reserves the right to issue a delivery order for the Demonstration Project to the lowest priced successful offeror in lieu of a delivery order for the minimum guaranteed amount. NO OFFEROR WILL BE COMPENSATED FOR SUBMITTING A PROPOSAL.

(End of Provision)