Attachment 2_FA5215-21-R-0004_Instructions to Offerors_Amendment 1.pdf

Attachment 2

CUI//SP-PROCURE

AMENDMENT 1

Definition of Recent Past Performance has been changed from 3 years to 5 years. (page 6 below)

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. 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.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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 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 https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10 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 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 East 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 ( https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

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

(2) The overall evaluated cost or price and technical rating of the successful and the 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 the 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)

Addenda to FAR 52.212-1, Instructions to Offerors – Commercial Items (JUN 2020)

Paragraphs 52.212-1(d), 52.212-1(e), and 52.212-1(h) are hereby omitted from this solicitation.

Paragraph 52.212-1(c), “Period for Acceptance of Offers”, is tailored as follows: “The offeror agrees to hold its offer firm for 120 calendar days from the date specified for receipt of offers.”

The following is inserted as a new paragraph (m) of the provision:

“(m) Proposal Preparation Instructions.

(A) 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. Offerors must clearly identify any exception to the solicitation terms and conditions as well as provide a complete accompanying rationale. The response shall consist of two (2) separate parts: Part I – Summary and Miscellaneous Data, Part II – Past Performance.

(B) Proposals must be submitted electronically to Contract Specialist, Ms. Leah Cabanilla at leah.cabanilla@us.af.mil and the Contracting Officer, Ms. Kori McNabb at kori.mcnabb@us.af.mil on or before 2:00 PM, Hawaiian Standard Time (HST), on 30 APRIL 2021.

(C) This is a Multi-phase solicitation with down-select criteria as applicable. IAW FAR 15.304(c)(1)(ii)(A)(2), the contracting officer may choose not to include price or cost as an evaluation factor for award when a solicitation will result in a multiple-award contract that are for the same or similar services. This solicitation will make award to all qualified contractors who have Substantial Confidence in past performance.

Specific instructions are as follows:

PHASE 1, Contractor Qualifications & Past Performance:

1. PART I – SUMMARY AND MISCELLANEOUS DATA. (submit 1 copy)

(a) The offeror shall provide a concise summary and Master Table of Contents of the entire proposal.

(b) Offeror must submit a cover page with the following:

1. Solicitation Number – include for which Pool submitting under,

2. The name, address, and telephone number of the offeror,

3. CAGE and DUNS number,

(c) Submit an acknowledgement of all solicitation amendments, if issued; as well as, an acknowledgement of all solicitation clauses and provisions. Please follow the instructions described in paragraph (A) for any exceptions to the solicitations clauses and provisions.

(d) Along with the requirements outlined in FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Items, offeror shall submit the latest online Representations and Certifications at www.sam.gov along with the proposal. For other clauses and provisions in this solicitation, the offeror is required to submit the pages that require offeror fill-in.

(e) This solicitation defines a “qualified contractor” as being determined responsible IAW the General Standards listed at FAR 9.104-1 and as having at least one (1) of the following certifications:

1. Associated Air Balance Council Commissioning Group (ACG)

2. Building Commissioning Association (BCA)

3. American Society of Heating, Refrigerating, and Air Conditioning

Engineers (ASHRAE)

(f) If applicable, provided provide a copy of the letter from the Small Business Administration (SBA) showing proof of status.

(g) If none proposed, submit an Affirmation of no Exceptions, Deviations, or Waivers.

2. PART II – PAST PERFORMANCE. (submit 1 copy)

(a) This Part shall contain recent and relevant past performance. Recent past performance information includes contracts performed and/or being performed for any customer within the last five (5) three (3) years from issuance date of the solicitation with contract performance of at least six (6) months.

(b) Each Offeror shall submit a past performance volume with its proposal, containing past performance information IAW the format listed below. A maximum of three (3) contracts for the prime contractor may be submitted as part of the past performance proposal. The Government will evaluate recent and relevant past performance information on all offerors based on the references provided by the offeror, and any data independently obtained by the Government.

(c) Offerors are required to describe the aspects of the contracts that are deemed relevant to the proposed effort and describe how the aspects of the proposed effort relate. Offeror must provide, at a minimum the following past performance information:

1. Contract Number (if applicable)

2. Contract Value

3. Agency/Customer (must include a working telephone number and email address for the POC)

4. Project Name

5. Period of Performance (include any exercised options)

6. Brief Description (describe actual work performed)

7. Relevancy (How is this relevant to the effort described in this solicitation)

8. Prime contractor, joint venture, or major subcontractor (give % of workload)

PHASE 2, DOWN-SELECT CRITERIA:

The Government intends to award up to six (6) awards under each Pool listed above; the Government reserves the right to award fewer or more awards based on number of proposals received and funding at time of award. The offeror must be found qualified IAW the definition listed above and must have a past performance rating of Substantial Confidence. In the event the Government is required to down-select to the desired amount of awards, the following criteria will be used. This criteria is applicable to both Pools but may only be required for one or the other, depending on the amount of proposals received.

1. First Preference: Prime Offeror possesses all five (5) of the certifications

2. Second Preference: Prime Offeror possesses four (4) of the five (5) certifications.

3. Third Preference: Prime Offeror possesses three (3) of the five (5) certifications.

4. Fourth Preference: Prime Offeror possesses two (2) of the five (5) certifications.

5. Fifth Preference: Prime Offeror possesses one (1) of the five (5) certifications.

List of Certifications:

-Associated Air Balance Council Commissioning Group (ACG)

-Building Commissioning Association (BCA)

-American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE)

-National Environmental Balancing Bureau (NEBB)

-Testing, Adjusting, and Balancing Bureau (TABB)

3. Documents submitted in response to this RFP must be consistent with the following:

(a) Requirements of the solicitation and Government standards and regulations pertaining to the SOW.

(b) FAR 52.212-2, Evaluation – Commercial Items, of this solicitation.

(c) If a Part in the offer exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

(d) Format for Part I shall be as follows:

1. Cover pages, Table of Contents, and Tabs will not be counted against the page limits; however, pages depicting tables, charts, graphs and figures will count toward the page limit.

2. Page Layout shall be 8 1/2” x 11” Letter, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

3. A page is defined as one face of a sheet of paper containing information.

4. All printing shall be single-spaced. Spacing characteristics are applicable to charts and graphs.

5. Typing shall not be less than 10 pitch. Size of print is applicable to charts and graphs.

6. Page margins shall be a minimum of 1 inch top, bottom, and each side.

7. The entire original offer shall be submitted via email to leah.cabanilla@us.af.mil and kori.mcnabb@us.af.mil. The offeror shall submit one electronic version of each deliverable item; do not submit duplicate Parts/files. The electronic version shall be submitted in a format readable by Microsoft Office, which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the offer that cannot be submitted using Microsoft Office, the Offeror shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format. Scanned copies are acceptable. USB flash drives, CDs, floppy disks, zip disks, video files, or zip files are not acceptable.

8. Elaborate formats, bindings, and color presentations are not desired or required.

(e) Each Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered.

The following table summarizes the proposal submission:

PART TITLE ELECTRONIC

COPY PAGE LIMIT

I Summary and Misc Data – to include proof of applicable certifications

1 20

II Past Performance 1 No Limit

4. General Information:

(a) Proposals must be submitted electronically to Contract Specialist, Ms. Leah Cabanilla at leah.cabanilla@us.af.mil and the Contracting Officer, Ms. Kori McNabb at kori.mcnabb@us.af.mil on or before 2:00 PM, Hawaiian Standard Time (HST), on 30 APRIL 2021.

(b) Questions regarding the solicitation: The offeror may submit questions via e-mail no later than 2:00 PM, HST, 15 APRIL 2021. The offeror shall submit questions mailto:leah.cabanilla@us.af.mil mailto:kori.mcnabb@us.af.mil via email to the following recipients: leah.cabanilla@us.af.mil and kori.mcnabb@us.af.mil.

(c) FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by the applicable United States Air Force (USAF) installations:

New Year’s Day 1 January

Birthday of Martin Luther King Third Monday in January

Washington’s Birthday Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December”

(End of Addendum)

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Qualifications

(2) Past Performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addenda to FAR 52.212-2, Evaluation-Commercial Items.

The following modifies paragraphs (a) and (b):

(a) As stated, the Government contemplates award of a FFP IDIQ contract with a five (5) year ordering period. The Government intends to award up to six (6) vendors per pool as a result of this RFP; however, the Government reserves the right to award to more or less. The award shall be made to the responsible offeror whose offer conforms to this RFP and is determined to provide the best value to the Government. The Government intends to award a contract without discussions with respective offerors; however, the Government reserves the right to conduct discussions if deemed in its best interest. The award will be accomplished IAW the following fair opportunity approach: contractor qualified based on certification and Past Performance.

(b) A qualified contractor is defined as being determined responsible IAW the General Standards listed at FAR 9.104-1 and as having one of the required three certifications listed below:

1. Associated Air Balance Council Commissioning Group (ACG)

2. Building Commissioning Association (BCA)

3. American Society of Heating, Refrigerating, and Air Conditioning Engineers

(ASHRAE)

Evaluation of “qualified contractor” is:

TABLE 1 – QUALIFIED CONTRACTOR

RATING DESCRIPTION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

(c) Past Performance information may be obtained through any of the following options: 1) Past Performance Information Documents/Forms submitted; 2) Contractor Performance Assessment Reporting System (CPARS); 3) similar type of service of other Government departments and agencies; 4) interviews with program managers and COs; and 5) other sources known to the Government, to include commercial sources.

The following factors will be used to evaluate offers past Performance:

Relevant contracts performance effort involved similar scope, magnitude of effort, and complexities to that required by this solicitation. The Government will assess relevancy for each contract and assign a rating as described in Table 3 below:

TABLE 2 – PAST PERFORMANCE RELEVANCY RATING

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Quality Assessment: For each of the recent past performance information reviewed, the performance quality of work will be assessed based on the evaluation ratings in the Contractor Performance Assessment Reporting System (CPARS), if available.

The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to meet the solicitation requirements based on the offeror’s demonstrated record of performance. The assessment process will result in an offeror’s overall performance confidence assessment rating of Satisfactory Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence.

Offerors with no recent past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned will receive the rating “Unknown Confidence,” meaning the offeror is treated neither favorably nor unfavorably (neutral). As a result of the relevancy and performance quality assessments, offerors will receive an integrated past performance confidence assessment rating as described in Table 4 below:

TABLE 3 - PAST PERFORMANCE CONFIDENCE ASSESSMENT

Rating Description

SUBSTANTIAL

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

NEUTRAL CONFIDENCE No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

LIIMITED CONFIDENCE Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

NO CONFIDENCE Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Note: In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

As stated in FAR 52.212-1, this is a multi-phase solicitation with down-select criteria. In the event the Government receives more than six (6) qualified proposals with past performance rated as Substantial Confidence, the Government will use the following criteria to down-select to six (6) offerors per Pool;

however, the Government reserves the right to award more or less.

1. First Preference: Prime Offeror possesses all five (5) of the certifications

2. Second Preference: Prime Offeror possesses four (4) of the five (5) certifications.

3. Third Preference: Prime Offeror possesses three (3) of the five (5) certifications.

4. Fourth Preference: Prime Offeror possesses two (2) of the five (5) certifications.

5. Fifth Preference: Prime Offeror possesses one (1) of the five (5) certifications.

List of Certifications:

-Associated Air Balance Council Commissioning Group (ACG)

-Building Commissioning Association (BCA)

-American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE)

-National Environmental Balancing Bureau (NEBB)

-Testing, Adjusting, and Balancing Bureau (TABB)

(End of provision)