Section_L_REVISED_19 Jun 20.pdf

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FA8903-20-R-0003

19 Jun 2020

1. Housing, Enhanced Use Lease and Utilities (HEU) Privatization Management

NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated by reference:

PROVISIONS INCORPORATED BY REFERENCE

A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS

52.204-7 System for Award Management (Oct 2018) – Alternate I (OCT 2018)

52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2004)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999)

52.222-46 Evaluation of Compensation For Professional Employees (FEB 1993)

52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort (OCT 2009)

52.237-10 Identification of Uncompensated Overtime (MAR 2015)

B. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT

SOLICITATION PROVISIONS

5352.209-9001 Potential Organizational Conflict of Interest (OCT 2010)

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS.

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Jan 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 541611

(2) The small business size standard is $16,500,000.00

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1)If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)□ Paragraph (d) applies.

(ii)□ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A)If the acquisition value is less than $25,000, the basic provision applies.

(B)If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C)If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D)If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

____ (A) Basic.

____ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price and Cost-Reimbursable travel CLIN to either one single Indefinite Delivery/Indefinite Quantity (ID/IQ) for all HEU business areas;

TAB A – Housing, Enhanced Use Lease (EUL) and TAB B – Utilities Privatization (UP) or two independent IDIQ awards to two different contractors; one for TAB A – Housing and EUL and one for TAB B - UP contract(s) resulting from this solicitation.

(End of provision)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award either one single award Indefinite Delivery/Indefinite Quantity (ID/IQ) contract for all HEU business areas (TAB A - Housing, Enhanced Use Lease (EUL) and TAB B -Utilities Privatization (UP)) to a single contractor or the Government may award two independent IDIQs; one for TAB A - Housing and EUL and one for TAB B – Utilities Privatization to two different contractors.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Linda L. Cavazos Contracting Officer, 772 ESS/PKS 2261 Hughes Ave. Suite 163 JBSA Lackland TX 78236-9853 linda.cavazos@us.af.mil 210-395-8730

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

252.215-7008 Only One Offer (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215- 7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with92035 FAR 15.403- 3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC (JUL

2019)

(a) Definitions. As used in this provision—

Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

Non-Government sales means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

Relevant sales data means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

Sufficient non-Government sales means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

Uncertified cost data means the subset of data other than certified cost or pricing data (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and

(ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

(i) Exception for prices set by law or regulation - Identification of the law or regulation establishing the prices offered. If the prices are controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same item or similar items have been sold in the commercial market. Such information shall include—

(A) For items previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog—

(1) A copy of or identification of the Offeror s current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit DoD to verify the accuracy of the description;

(D) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item;

or

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in any resultant contract, unless the Contracting Officer and the Offeror agree to a different format and change this provision to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government s expressed requirement in accordance with FAR 15.403-1(c)(1)(ii).

(d) Requirements for data other than certified cost or pricing data.

(1) Data other than certified cost or pricing data submitted in accordance with this provision shall include the minimum information necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in DFARS 215.402(a)(i) and 215.404-1(b).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) Within 10 days of a written request from the Contracting Officer for additional information to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(4) Subcontract price evaluation.

(i) Offerors shall obtain from subcontractors the minimum information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost data may be required from a prospective subcontractor in any case in which there are sufficient non-Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary—

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented.

(e) Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of—

(1) Paragraphs (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

(2) Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

INSTRUCTIONS TO OFFERORS (ITO) AND INSTRUCTIONS FOR PROPOSAL

PREPARATION

DEFINITIONS: Contractors shall use the following definitions while preparing proposals for this acquisition. These definitions are applicable to all sections of the solicitation.

ADVISORY AND ASSISTANCE SERVICES (A&AS): Advisory and Assistance Services (A&AS) means those services provided under contract by non-Governmental sources to support or improve: organizational policy development; decision-making; management and administration; program and/or project management and administration; or research and development activities. It can also mean the furnishing of professional advice or assistance rendered to improve the effectiveness of federal management processes or procedures (including those of an engineering and technical nature). In rendering the foregoing services, outputs may take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, training and the day-to-day aid of support personnel needed for the successful performance of ongoing Federal operations. For additional information, reference FAR Subpart

2.1 Definitions “Advisory and Assistance Services:”

https://www.acquisition.gov/content/part-2-definitions-words-and-terms#i1125357

BETA SAM Website: The Government's "primary" official point of entry shall be the new BETA SAM (https://beta.sam.gov) website for current information and updates regarding the solicitation.

ENHANCED USE LEASE (EUL): Enhanced Use Lease (EUL) is any Real Estate Transaction authorized by United States Code (U.S.C), Title 10, Part IV, Chapter 159, Real Property; Related Personal Property; and Lease of Non-Excess Property.

HOUSING, ENHANCED USE LEASE, ULILITIES (HEU) PRIVATIZATION

MANAGEMENT (HEU): HEU is the long-term oversight of the Air Force Housing Privatization (HP), Enhanced Use Lease (EUL) and Utilities Privatization (UP) and may include Value Based Transaction (VBT) for Real Estate and Environmental issues related to Base Realignment and Closure (BRAC), other Real Estate Transactions (RT), other Privatized Programs projects, project documentation, monitoring, loan servicing oversight, and problem resolution throughout the life cycle of the project.

MILITARY HOUSING PRIVATIZATION INITIATIVE (MHPI): The Military Housing Privatization Initiative (MHPI) was established by Congress in 1996 as a tool to help the military improve the quality of life for its service members by improving the condition of their housing.

The MHPI was designed and developed to attract private sector financing, expertise and innovation to provide necessary housing faster and more efficiently than traditional Military Construction processes would allow. The Office of the Secretary of Defense has delegated to the Military Services the MHPI and they are authorized to enter into agreements with private developers selected in a competitive process to own, maintain and operate family housing via a 50-year lease.

OFFEROR: Defined as the Prime contractor and all named Team Members submitting a single proposal in response to this solicitation.

PRIVATIZED PROJECT: A change from Governmental or public ownership or control to private enterprise. Privatized projects include Housing Privatization (HP), Enhanced Use Lease (EUL), Utilities Privatization (UP), Value Based Transaction (VBT) for Real Estate and Environmental issues related to Base Realignment and Closure (BRAC), other Real Estate Transactions (RT) and other Privatized Programs.

TEAM: This solicitation will refer to the Prime and all identified Team Members as a “Team”.

TEAMING ARRANGEMENT (TA) OR LETTER OF INTENT (LOI): To be valid under this solicitation, a Teaming Arrangement (TA) or Letter of Intent (LOI) must commit the business entities to performance under this contract, should it be awarded to the Offeror.

TEAM MEMBER: Is defined as any business entity other than the Prime with a signed Teaming Arrangement (TA) or Letter of Intent (LOI) with the Prime.

VALUE BASED TRANSACTION (VBT): Value Based Transaction (VBT) is the optimization of real and potential value of real estate assets through active and aggressive management in accordance with Executive Order 13327, Federal Real Property Asset Management and Department of Defense Instruction 4165.70, Real Property Management. A "value-based" approach to asset management can take a variety of forms and approaches to optimize value and must reflect the fair market value of what the Air Force is giving up, and must be tangible.

1.1 PROGRAM STRUCTURE AND OBJECTIVES

This requirement is for Advisory and Assistance services in support of Housing, Enhanced Use Lease, and Utilities Privatization Maintenance Services at Joint Base San Antonio - Lackland, Texas. This scope of work entails long-term cradle to grave support for the Air Force privatized programs for HEU and may include Value Based Transactions. This includes Asset, Acquisition, and Portfolio Management services in support of HEU throughout the United States.

Estimated Program Cost: $97M Shared Ceiling. Offerors are hereby notified that the budgeted amount of $97M shall be cited as the overall shared contractual ceiling amount on the planned awards. The total of all task orders actually placed on all contracts (aggregate) over the life of the effort will not exceed the available program funding set forth as the contract ceiling. The minimum order amount is $3K; the maximum order amount is $20M.

Number of Contracts to be Awarded: The Government intends to issue one solicitation resulting in the accomplishment of one single award Indefinite Delivery/Indefinite Quantity (IDIQ) for TAB A - Housing/EUL, and TAB B - UP to a single contractor or two independent IDIQ awards consisting of one award for TAB A - Housing/EUL and a second award for TAB B - UP to two different contractors. Additionally, one or two initial Task Order(s) are anticipated, depending on the number of IDIQ awards. See Attachment L-12 for Task Order details.

The source selection will be conducted and awarded using competitive, best value, Firm-Fixed Price with Cost Reimbursable CLIN pricing arrangement (Hybrid) using the Subjective trade-off process in accordance with FAR Part 15.3. This is considered a services effort and is being solicited under NAICS code 541611, Administrative Management and General Management Consulting Services. The Period of Performance (POP) is five year ordering period with an additional year to complete performance.

1.2 Budget/Funding Information

For consideration in developing a proposal, the maximum ceiling value is $97M over the life of the contract. However, this contract is an IDIQ ordering vehicle and does not guarantee that any funds above the minimum amount will be awarded. Congressional budget year allocations and prioritized requirements may determine future task order awards.

2. GENERAL INSTRUCTIONS

a) The Offeror's proposal must include all data and information requested by this ITO and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Performance Work Statement (PWS) and its attached Enclosures. Non-conformance with the instructions provided in this ITO may result in an unfavorable proposal evaluation.

b) The proposal shall be clear, concise, and shall 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 requirements 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 and experience and will base its evaluation on the information presented in the Offeror's proposal.

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

d) The proposal acceptance period is specified in Section A of the solicitation. The Offeror shall make a clear statement in Section A of the contract documentation volume that the proposal is valid for 180 days from date of proposal receipt.

e) In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of unsuccessful proposals.

f) For the purpose of this solicitation the proposal will be divided into two separate sections (TAB A and TAB B. The proposal shall consist of TAB A (Housing and EUL) and/or TAB B (Utilities Privatization (UP)).

g) Offerors can propose on both TAB A and B (Housing, EUL and UP), or propose on TAB

A (Housing and EUL) or TAB B (UP).

2.1 General Information

2.1.1 Point of Contact

The Contracting Officer (CO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the CO. Written requests for clarification may be sent to the CO. The CO for this acquisition is as follows:

Contracting Officer:

Ms. Linda L. Cavazos Phone (210) 395-8730 Email: linda.cavazos@us.af.mil

2.1.2 Notification/Debriefings

The CO will promptly notify Offerors of any decision to exclude them from the competitive range; whereupon, they may request and receive a debriefing in accordance with FAR 15.505.

Offerors excluded from the competitive range may request a pre-award debriefing or they may choose to wait until after the source selection decision to request a post-award debriefing.

However, Offerors excluded from the competitive range are entitled to no more than one debriefing for each proposal. The CO will notify unsuccessful Offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful Offerors may request and receive a debriefing. Offerors desiring a debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

2.1.3 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 no later than 10 business days after release date of the solicitation 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.

Consolidate all questions resulting from this RFP, or related to Section L plus attachments, Section M and submit on the Questions and Answers Spreadsheet (Attachment L-3) on 19 May 2020, 1300 Central Time. Questions will be consolidated and responses will be posted on beta.SAM website to all Contractors. Be advised that no further questions will be addressed on this requirement after this date. Submit all solicitation questions via e-mail to michael.grasso.3@us.af.mil and linda.cavazos@us.af.mil.

2.1.4 Electronic Reference Documents

All referenced documents for this solicitation are available on Beta SAM website at https://beta.sam.gov/. Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

2.1.5 Oral Presentations

Oral presentations will not be used for this requirement.

2.1.6 Communications

Exchanges of source selection information before and after the submission of the initial proposals, between Government and Offerors will be controlled by the CO. Email may be used to transmit such information to Offerors only if the email can be sent and received encrypted and includes “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line of the email.

2.1.7 Teaming

All Team Members shall have a signed Teaming Arrangement (TA) or Letter of Intent (LOI). TAs/LOIs must be provided in Volume I, Contract Documentation, and Volume II, Technical.

a) Any business entity without a TA or LOI with the Prime is NOT considered a Team

Member and will not be evaluated.

b) Mentor-Protégé (M-P) is a relationship and not a business entity. M-Ps require formal

TAs or LOIs to qualify for consideration as a Team Member.

c) A Joint Venture (JV) will be considered a sole business entity. Signed JV documentation must be provided in Volume I, Contract Documentation, and Volume II, Technical.

d) The proposal shall present a complete, coherent presentation of the Team’s ability as applicable.

2.2 Organization/Number of Copies/Page Limits

The Offeror shall prepare the proposal as set forth in the Proposal Organization Table (Table 2.2 below). The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified in Table 2.2. The attachments identified in the table shall be separately bound in three-ring, loose-leaf binders, as necessary. The contents of each proposal volume are described in the ITO paragraph as noted in the table below:

Table 2.2 Proposal Organization

Volume

ITO

Paragraph Number

Title Page Limit

Electronic Copy

Original

I

3 VOLUME I - CONTRACT DOCUMENTATION

3.1 Volume Organization

Unlimited

3.2 Contact Information

3.3 Executive Summary

3.4 Standard Proposal Information

3.5 Validity Statement

3.6 Organizational Conflict of Interest

3.7 Teaming Arrangements and/or letters of Intent

3.8 Exceptions to Solicitation Requirements

3.9 Model Contract: Housing/EUL and UP (SF33)

II

4 VOLUME II – FACTOR 1: TECHNICAL

4.1 Volume Organization

4.2 Standard Proposal Information

4.3 Teaming Arrangements and/or Letters of Intent

4.4 General Applies to ITO

paragraphs 4.4 - 4.9

TAB A

Housing/EUL – 26 pages

TAB B

Utilities – 10 pages

Applies to ITO paragraph 4.10 SBPC – 16 pages

4.5 Technical Risk (Not Applicable)

4.6 Proposal Requirement Specifications

4.7 Technical Subfactor 1.1- Technical Approach

4.8 Technical Subfactor 1.2-

Document Management Plan

4.9 Technical Subfactor 1.3 – Transition Plan

4.10 Technical Subfactor 1.4 – Small Business

Participation Commitment (SBPC)

* PPI Forms for Housing or UP Projects from web-based PPI tool.

2.3 Proposal Format

2.3.1 Guidance

a) This section of the ITO provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal.

b) The Offeror's proposal must include all data and information requested by the ITO and must be submitted in accordance with these instructions.

c) All the requirements specified in this solicitation are mandatory.

d) You are representing that your firm will perform all the requirements specified in the solicitation by submitting your proposal.

e) These instructions are intended to elicit brief and specific responses. However, simply stating that the Offeror understands and intends to comply with this effort or paraphrasing statements in the solicitation is inadequate.

f) The offer shall comply with the requirements as stated in the solicitation.

Volume

ITO

Paragraph Number

Title

Page Limit

Electronic Copy

Original

III

5 VOLUME III – FACTOR 2: PAST PERFORMANCE

5.1 Volume Organization

5.2 Standard Proposal Information

5.3 Past Performance Summary 3 single sided

pages

5.4 Organizational Structure Change History 3 single sided

pages

5.5 Past Performance Information Sheets Unlimited *

5.6 Past Performance Questionnaires Tab Only

5.7 Consent Letters

Unlimited 5.8 Client Authorization Letters

5.9 Specific Content

IV

6 VOLUME IV – FACTOR 3: PRICE

6.1 Volume Organization

6.2 Standard Proposal Information

6.3 General Instructions

6.4 Fully Burdened Hourly Labor Rates Tables (Total Evaluated Price TAB A TEP and TAB B

TEP)

6.5

Fully Burdened Hourly Labor Rates Tables (Labor Rate Table TAB A and TAB B)

6.6 Professional Compensation Plan Labor Model

2.3.2 Sufficient Detail

a) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims.

b) The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements.

c) Offeror(s) shall assume that the Government has no prior knowledge of their capabilities and experience, and will base its evaluation solely on the information presented in the Offeror's proposal.

2.3.3 Elaborate Presentations Not Desired

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are NOT desired.

2.3.4 Price Information

All pricing information shall be addressed ONLY in the Price Volume (Volume IV).

Prices shall be provided in the electronic version of Attachments L-10, Fully Burdened FFP Labor Rate Table, and Attachment L-11, Professional Compensation Plan Labor Model. They shall be provided in Microsoft Excel format. Labor rates shall be rounded to two decimals. For evaluation purpose, all other numbers will be rounded to whole dollars.

2.3.5 No Cross-Referencing

a) Each volume shall be written on a stand-alone basis so that its contents may be evaluated without cross-referencing to other volumes of the proposal.

b) Information required for proposal evaluation, which is not found in its designated volume, will be assumed to have been omitted from the proposal.

c) Each response to each Subfactor shall be self-contained. No cross-referencing between

Subfactor responses is allowed.

2.3.6 Tab Indexing

a) Tab indexing shall be used to identify sections within each volume.

b) Tabs for items identified in the Title column of Table 2.2 Proposal Organization shall be utilized.

c) Tabs do not count against the page limitations for their respective volumes.

d) Note: DO NOT include proposal information on tabs.

2.3.7 Table of Contents

a) Table of Contents.

i. Each volume shall contain a detailed table of contents to delineate the subparagraphs within that volume.

b) Master Table of Contents.

i. Volume I, Contracting Documentation, shall contain a consolidation of the individual Tables of Contents for all Volumes (I through IV).

ii. A separate e-file of the Master Table of Contents shall be provided in accordance with Electronic Copy requirements in paragraph 2.3.10.2.

c) The Table of Contents will not count against the page limitations for their respective volumes.

2.3.8 List of Tables and Figures

a) Each volume shall contain a list of all tables and figures within that volume.

b) The List of Tables and Figures will not count against the page limitations for their respective volumes.

2.3.9 Glossary of Abbreviations and Acronyms

a) Each volume shall contain a glossary of all abbreviations and acronyms used, with an explanation for each.

b) One glossary may be developed for the entire proposal and provided in each volume.

c) Glossaries do not count against the page limitations for their respective volumes.

2.3.10 Proposal

a) All documents of an Offeror’s proposal must be submitted together.

b) All Prime and Team Member(s) information must be incorporated into one coherent submittal.

c) Be sure to apply all appropriate markings including those prescribed 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.

2.3.10.1 Hard Copies

a) Not required.

2.3.10.2 Electronic Copies

General requirements

(a) All proposals must be submitted via direct upload to DoD SAFE at https://safe.apps.mil, and received no later than 15 July 2020, 1400 Central Time. The Contracting Officer and Contract Specialists must be granted access to retrieve proposal documents. (See below)

(b) All Offerors intending to submit a proposal in response to this solicitation shall request a DoD SAFE link no later than (30 June 2020/1400 Central Time). The email request shall include the name of the company, point of contact, phone number and email address. It is the Offeror’s responsibility to follow up with the contracting officer, if they do not receive a DoD SAFE drop-off email link. Although the DoD SAFE email link will be valid for 14 days after receipt, the proposal due date and time for this solicitation is 15 July 2020, 1400 Central time. Proposals received after 15 July 2020, 1400 Central time will be considered late.

(c) The use of DoD SAFE requirement allows for smooth electronic submittals mitigating email bandwidth delays. DoD SAFE allows up to 8 GBs of space and will alert personnel listed in the “Recipients List” field. However, if DoD SAFE is offline anytime within 15 days prior to the proposal submission due date, one of the contingency options found in paragraph (d)(i) or (d)(ii) below is permissible.

(d) Should DoD SAFE become unavailable on 30 June 2020 (15 days prior to 15 July 2020) through the submission date, Offerors shall use one of the methods below. The Proposal shall be received no later than 1400 PM Central Time, 15 July 2020, via one of the methods below.

i. Contingency Option 1- Encrypted electronic mail: In order to facilitate the sending and receiving of encrypted emails, Offerors must use MS Outlook email configured to support encryption or a different email product that is S/MIME compatible and configured to support encryption. If you intend to submit your source selection information via encrypted email, you will need to contact the Contract Specialist/Contracting Officer (identified below) 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). It is recommended to test encrypt email correspondence prior to 30 June 2020. File suppression utilities, to include but not limited to zip files, will not be accepted.

Email to: linda.cavazos@us.af.mil (Contracting Officer), and michael.grasso.3@us.af.mil (Contract Specialist).

Subject Line: Source Selection Information – See FAR 2.101 and 3.104. Solicitation Number:

ii. Contingency Option 2- Mail: Your package (CD Format) must show the Solicitation Number and the name and address of the Offeror. It is the responsibility of each Offeror to ensure that their proposals reach the designated mailing address below on or before the request for proposal due date/time established in this RFP. 772 ESS/PKS is not responsible for lost proposals and proposals delivered to locations other than the location provided below. All proposals shall be mailed to the following address located in paragraph 2.4.