Section L final.pdf

Section L - Instructions, Conditions, and Notices to Offerors

1.0 General Instructions

This acquisition is limited to qualified sources: a qualification package is required for new sources. See RFO Clause 52.209-1 for qualification requirements. PROPOSALS FROM NON-

QUALIFIED SOURCES WILL NOT BE CONSIDERED IF A QUALIFICATION PACKAGE IS

NOT SUBMITTED AND ACCEPTED BY THE AIR FORCE ENGINEER PRIOR TO AWARD.

CONTRACT AWARD WILL NOT BE DELAYED FOR QUALIFICATION.

The Government intends to award Basic IDIQ contract(s) to "all qualified" offerors for the MJU-76/B requirement. The unpriced Base IDIQ will be awarded concurrent with a Firm Fixed Price Delivery Order (DO). The Contracting Officer ("CO") has determined there is high probability of adequate price competition for DOs. Upon examination of the initial offers, the CO will review this determination, and if in the CO's opinion, adequate price competition exists, no additional cost and pricing data will be requested, and certification under RFO 15.403-4 will not be required. However, if at any time during this competition, the CO determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the CO to determine the price fair and reasonable IAW RFO DFARS 252.215-7008. The government intends to award a delivery order to each successful offeror through a split-award of available funds; however, the government reserves the right to award contracts to all qualified offerors, only one offeror (winner-take-all), or no contract at all (none), depending on the number of adequate proposals and reasonableness of prices submitted.

The offeror's proposal must include all data and information requested by this Instructions to Offeror (ITO) and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Technical Data Package (TDP), Contract Data Requirements List (CDRL), and Model Contract/Solicitation, etc.

The proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the government's requirement but, rather, shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offeror's proposal.

Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

The proposal acceptance period is specified in Section A of the model contract/solicitation/request for proposal (RFP). The offeror shall make a clear statement in Section A of the proposal documentation volume that the proposal is valid through this date.

In accordance with RFO Subpart 4.8, the government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the government will destroy extra copies of such unsuccessful proposals.

1.1 General Information

1.1.1 Point of Contact

The contracting officer (CO) and contract specialists (buyer) are the sole points of contact for this acquisition. Address any questions or concerns you may have to the CO and buyer. Written requests for clarification may be sent to the Points of Contact listed in the solicitation on sam.gov.

1.1.2 Debriefings

The CO will promptly notify offerors of any decision to exclude them from the competition IAW RFO 15.204-1, whereupon they may request and receive a debriefing. Offerors desiring debriefing must make their request IAW the requirements of RFO 15.206-2 or 15.301, as applicable.

1.1.3 Discrepancies

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale as well as the remedies the offeror is asking the CO to consider as related to the omission or error. The offeror is reminded that the government reserves the right to award this effort based on the initial proposal, as received, without discussion. This reservation includes matters of additional or substitute pages of the initial proposal.

1.1.4 Electronic Reference Documents

All referenced documents for this solicitation are available on the Contract Opportunities website https://sam.gov. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

1.1.5 Communications

Exchanges of source selection information between the government and offerors will be controlled by the CO. Email may be used to transmit such information to and from offerors only if the email can be sent and received encrypted and includes "Source Selection Information – See RFO 2.101 & 3.104" in the subject line. Otherwise, source selection information may be transmitted via DoD Safe at https://safe.apps.mil/.

1.1.6 Amendments to the Solicitation

If the RFP is amended, all terms and conditions that are not amended remain unchanged and in full force and effect. Offerors shall acknowledge receipt of any amendment to this request by the date and time specified in the amendment(s) by signing and returning the front page of each amendment with its proposal.

1.1.7 Page Limitations

Page limitations shall be treated as maximums. If exceeded, the excess pages may not be read or considered in the evaluation of the proposal. Page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors.

1.1.7.1 Page Size and Format

a. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single spaced. Except for the reproduced sections of the solicitation https://sam.gov/ https://safe.apps.mil/ documentation, the text size shall be no less than 12 point Times New Roman font. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use at least 0.5 inch top, bottom, and side margins. Pages shall be numbered sequentially by volume. These page sizes and formation restrictions shall apply to responses to Evaluation Notices.

b. Tables, charts, graphs, and figures shall be used wherever practical and depict organizations, systems, and layout, implementation schedules, plans, etc. These displays shall be clear and legible.

1.1.8 Pricing Related Data

In accordance with RFO 15.104(b)(1) price/cost is not an evaluation factor for the award of the Basic IDIQ contract(s). The qualifying offeror(s) is not required to disclose price/cost on Section B of the basic solicitation. Price/ cost for the first Delivery Order (DO 1) must be submitted on the TEP Worksheet Attachment to determine each offeror's split award percentage for DO 1 above the minimum award guarantee, $5,000. The split award percentage will not be used to meet the minimum award guarantee. For successful price proposals, the calculated split-award percentage will apply strictly to CLIN 0002 (MSE Admin Portion), CLIN 0003 (First Article/MSE Testing), and CLIN 0004 (Production). The proposed pricing on this worksheet is contractually binding for the evaluation and award of DO 1 only. Subsequent Delivery Orders will allow for new price bidding in response to each Fair Opportunity Proposal Request (FOPR) / Letter Request for Order Proposal (LRFOP). Note that the price for the Post-Award Conference CLIN 0001 is fixed at $5,000 for all offerors and will serve as the contract's binding minimum award guarantee. An Affordability Cap of $9,446,336 is established for Year 1 based on a standard evaluation scenario: the sum of the proposed price for CLIN 0002, CLIN 0003, and CLIN 0004 at a production quantity of 5,000 units. Future Delivery Orders may establish unique, FOPR-specific Affordability Caps and evaluation scenarios based on available funding and current program requirements. For future Delivery Orders, production price band quantity is determined by the sum of all quantities ordered from CLINs 0004, 0005, and 0006."

1.1.9 Classified Information

Classified information shall NOT be submitted with the offer.

1.1.10 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 a minimum of cross-referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity.

2.0 Evaluation Criteria

2.1 Factor 1| Qualified Source Proposal

The contractor must be a qualified source prior to contract award. See section 1.0 above and the source qualification requirements referenced in Section J of the solicitation.

2.2 Factor 2| Plan, Technical, and Risk Mitigation Approach to Manufacture MJU-76/B

Provide a plan which details the proposed processes, equipment, and facilities that will be used to manufacture the item at the required production rates. Offerors shall identify any technical or manufacturing risks associated with their proposed approach and describe their respective risk mitigation. Note: All examples provided throughout this factor are for illustrative purposes only and do not represent mandatory technical specifications or minimum required standards. The plan shall be submitted as a pdf and limited to no more than 25 pages. The plan shall include:

2.2.1 Provide detailed information on whether the process/part is manufactured in house or procured from a subcontractor. Reference subcontracted parts using a list or description of parts produced in house or by a subcontractor e.g. Assembly and grain manufacturing will be accomplished in house. The end cap, square seal, and igniter piston will be produced by subcontractors.

2.2.2 Describe any automated equipment and its benefit in maintaining a high production rate.

Describe function and need of automated equipment. Use specifics to describe effect on production rate. Reference any potential bottlenecks and how the automated equipment will help prevent them.

2.2.3 List and describe the types and quantities of primary production and manufacturing machinery to be used in the performance of the MJU-76/B requirement.

2.2.4 Detail how the proposed processes will prevent the formation of defects and provide early identification of defects, to include prevention documentation related to all process steps. Reference MSE or statistical process control to discuss prevention.

e.g. This machine has an assembly precision of 0.007 in.

2.2.5 Describe inventory management control of critical components to ensure meeting the production rate. Describe management and inventory control processes used to maintain inventory.

Reference parts with foreseen future issues and how those issues will be avoided.

2.2.6 Provide a detailed flow diagram of the proposed assembly line/s.

2.3 Factor 3| Price Proposal

The offeror's proposed price for the first concurrent Delivery Order (DO 1) will be evaluated in accordance with the evaluation criteria in Section M. Pricing must be submitted on the TEP Worksheet Attachment in Section J. While the Basic IDIQ contract is unpriced, the price proposal for DO 1 Production will be evaluated for completeness, reasonableness, and compliance with the established Year 1 Affordability Cap of $9,446,336 (calculated as CLIN 0002 + CLIN 0003 + CLIN 0004 at 5,000 units of production). Future task order evaluations may introduce alternative cap structures based on budget availability. The fixed $5,000 Post-Award Conference CLIN 0001 serves as the contract's binding minimum award guarantee, exclusive of split-award.

The total evaluated price will include the proposed unit prices from "TEP Worksheet" with selected quantity ranges for Production CLIN 0004. For Production CLIN’s selected quantity ranges, the

Government will utilize pre-determined notional quantities for the listed quantity bands. Notional quantities are a quantity within the price bands lower and upper quantity range. Notional quantities may or may not be applied to all the quantity bands for the TEP calculation. The notional quantities will not be disclosed to the Offerors. The TEP calculation will be computed as follows: 1) the Government will multiply the listed quantity by the proposed unit price from each contractor’s proposed prices in selected quantity bands; 2) the Government will then multiply the pre-determined notional quantities by the offeror’s proposed quantity band unit price; 3) the Government will then sum the extended prices of each notional quantity with other priced CLINs (0002 & 0003) this summation constitutes the offeror’s TEP. An offeror’s split-award for production funding will be determined based on the percent difference between offeror’s TEP.

3.0 Contract Documentation | Solicitation/Representation and Certifications The purpose of this volume is to provide information to the offeror for preparing the contract document and supporting file. The offeror’s proposal shall include a signed copy of the model contract, and Sections A through K & I. This includes:

3.0.1 Section A – Solicitation/Contract Form

Completion of this section and signature by an authorized representative of the offeror constitutes an offer, which the government may accept.

3.0.2 Section B – Supplies or Services and Costs/Prices

Pricing information of Section B - The schedule of the RFP, shall be submitted on the TEP Worksheet in lieu of Section B, except for CLIN 0001 (Post-Award Conference) which is FFP and fixed at $5,000 for all awardees.

3.0.3 Section K – Complete Representations and Certifications

Completion of Section K as appropriate.

3.0.4 Section I – Contract Clauses

Complete Clause, all clauses requiring contractor fill-in.

3.0.5 Solicitation Exceptions

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement MAY result in an offeror 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 performance, schedule, price, and specific requirements of the solicitation. This information shall be provided in the format and content of below table.

Solicitation Document

Page/Paragraph Requirement/Portion Rationale

Air SPEC, Model Contract, ITO, etc.

Applicable Page and Paragraph Number

Identify the requirement or portion to which exception is taken

Describe why the requirement can/will not be met

3.0.6 Attachments to the Model Contract

If the offeror is other than a small business, the Offeror shall submit a Small Business Subcontracting Plan in accordance with RFO 52.219-9. The Subcontracting Plan and its goals become a term and attachment to a successful offeror’s Base IDIQ award.

3.0.7 Pre-Award Survey (PAS) Information

Offerors shall provide a list of all locations where ammunition and explosives (A&E) work (such as manufacturing, assembly, testing, handling, or storage of the MJU-76/B pyrotechnic components or completed flares) is to be performed (to include all locations/contractors outside of the United States) and indicate whether such a facility is a division, affiliate, associate contractor, or subcontractor to facilitate any potential safety Pre-Award Survey.