Attachment_8_-__BATMAn_52.212-1,_Instructions_17_Mar_17.pdf
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Attachment 8 - REVISED FAR 52.212-1 and addendum, Instructions to Offerors
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FA9451-15-R-0029
FAR 52.212-1, Instructions to Offerors – Commercial Items
Attachment 8
FAR 52.212-1, Instructions to Offerors -- Commercial Items (Jan 2017)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). 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.
(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 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 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) 697/2197, Facsimile (215) 697- 1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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 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) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(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 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 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) http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/
ADDENDUM TO FAR 52.212-1, Instructions to Offerors – Commercial Items Revision 1, dated 17 Mar 17
This addendum takes precedence over FAR 52.212-1, Instructions to Offerors – Commercial Items.
Addendum to FAR 52.212-1(b), Submission of Offers. This paragraph is tailored as follows:
Submit signed and dated offers, by mail, no later than 10 April 2017 at 1:00pm Mountain Standard Time (MST).
Addendum to FAR 52.212-1(c), Period of Acceptance of Offers. This paragraph is tailored as follows: The Offeror agrees to hold the prices in its offer firm for 120 days from the date specified for the receipt of offers.
Addendum to FAR 52.212-1(e), Multiple Offers. This paragraph is tailored as follows: Multiple proposals from the same offeror will not be accepted.
Addendum to FAR 52.212-1(g), Contract Award. This paragraph is tailored as follows: 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. See FAR 52.212-2, Evaluation – Commercial Items and addendum (Attachment 9 to the RFP) for specific information on how contract award will be made.
1.1 General Instructions
(a) This section provides general guidance, as well as specific instructions on format and content, for preparing proposals for the Business and Technology Management Administration (BATMAn) acquisition. This is a 100% 8(a) small business set-aside competitive acquisition.
The applicable NAICS is 561110, Size Standard $7.5M. The Offeror’s proposal must include all information requested and must be submitted in accordance with these instructions. Compliance with these instructions is mandatory and failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and may eliminate the Offeror from further consideration for award. It is the Offeror’s responsibility to ensure the completeness of the proposal submitted. Evaluation of a proposal will be conducted solely on the basis of the information contained within it and the Government will not assume that an offeror possesses any capabilities not specified. Inconsistencies among the parts of each proposal shall be explained. Any unexplained inconsistency may raise a fundamental question of the Offeror’s understanding of the requirement and/or ability to perform. Offerors are advised that their proposals are presumed to represent their best efforts and most complete responses to this solicitation. Proposals that simply reiterate the contents of this solicitation, or contain only superficial responses, may be considered unacceptable. Evidence of experience, capability, and qualifications that clearly demonstrate and support the Offeror’s claims are essential. Please note that due to the AFRL Policy on Employment of Non-US Citizen Contractors, contractor employees requiring access to USAF bases, AFRL facilities, and/or access to U.S. Government Information Technology networks in connection with the work on this contract must be U.S.
citizens. Possession of a permanent resident card (“Green Card”) does not equate to U.S.
citizenship. This requirement does not apply to foreign nationals approved by the U.S.
Department of Defense or U.S. State Department under international personnel exchange agreements with foreign governments. Any waivers to this requirement must be granted in writing by the Contracting Officer prior to providing access. The above requirements are in addition to any other contract requirements related to obtaining a Common Access Card (CAC).
OFFERORS SHALL NOT SUBMIT NAMES OF PROPOSED PERSONNEL IN ANY
VOLUME OF THE PROPOSAL.
(b) In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain the “original” copy of all proposals and supplemental documents provided. At the completion of this acquisition the Government will destroy all extra copies of proposals and additional documents submitted.
1.2 General Information
1.2.1 Points of Contact
All questions or concerns shall be addressed to the Contract Specialist (CS) listed below as the sole point of contact for this acquisition. All inquiries must be made in writing and submitted electronically to the Contract Specialist with a copy to the Contracting Officer (CO). Offerors will receive a notice of receipt, but if they do not, it is their responsibility to follow-up by contacting the addressees listed below.
Contract Specialist: Katherine M. Dorn AFRL Det 8/RVKDT 3550 Aberdeen Ave SE Kirtland AFB, NM 87117 Phone: (505) 846-7616 Email: katherine.dorn@us.af.mil Fax: (505) 846-1546
Contracting Officer: Paulette S. L. Windley AFRL Det 8/RVKDT 3550 Aberdeen Ave SE Kirtland AFB, NM 87117 Phone: (505) 846-0150 Email: paulette.windley@us.af.mil
Fax: (505) 846-1546 Concurrent with the release of this Request for Proposal (RFP), appropriate offices will be advised that a RFP action is in progress for the proposed effort and that contact by participating offerors on the subject of this RFP is inappropriate. Recipients of this RFP shall not attempt such contacts during this period. Any such contact shall result in disqualification from consideration for contract award.
1.2.2 Debriefings
Offerors desiring a debriefing must make their request in accordance with the requirements of FAR 15.505, Preaward Debriefing of Offerors or FAR 15.506, Post Award Debriefing of Offerors, as applicable.
1.2.3 Security Classification
A DoD Contract Security Classification Specification, DD Form 254, will be incorporated as part of the contract. An offeror must be able to meet the specified requirements outlined in the draft DD Form 254. See Attachment 3 to the RFP.
1.2.4 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 in accordance with FAR 52.212-1(g). This reservation to award without discussion also includes matters of addenda or substitute pages of the initial proposal.
1.2.5 Evaluation
Offers will be evaluated using FAR 52.212-2, Evaluation – Commercial Items and addendum.
See Attachment 9 to the RFP. The Offeror’s responses will be used as a validation tool for the Offeror’s capabilities in reference to, and understanding of, the technical factors. Failure to comply with the RFP will render the proposal non-responsive, and may eliminate the proposal from consideration for contract award.
1.2.6 Pre-Award Survey
A pre-award survey may be accomplished to supplement the determination of contractor responsibility as defined in FAR Subpart 9.1. The Offeror shall be required to participate in a pre-award survey for the purpose of determining its financial and technical ability to perform.
The pre-award survey is conducted with the assistance of the Offeror’s cognizant Government Contract Administration Office to determine its eligibility and ability to perform. Refusal to participate in a pre-award survey and failure to provide all requested information may be cause for rejection of the offer.
2.0 PROPOSAL FORMAT AND PREPARATION INSTRUCTIONS
2.1 Proposal Format
In order to maximize efficiency and minimize the time for proposal evaluation, the paper proposal (and electronic proposal when printed) shall meet format requirements. The proposal shall be limited to the submission of the volumes specified in Table 4.1.1 below. Proposals shall not contain any classified information. Any proposal containing classified information shall be disqualified from consideration for contract award.
2.1.1 Text
Text type shall be Times New Roman. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12-point with normal proportional spacing. Text lines to include all tables, charts, graphs, and figures, shall have 1.5-line spacing. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software.
2.1.2 Page Limitations
Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and (for paper copies) will not be returned to the Offeror. For electronic CD-ROM submission, no hidden fields, macros, comments, etc., will be read. All information shall be written clearly and be easily accessible. When both sides of a sheet of paper display printed material, it shall be counted as two pages. Each volume shall contain a detailed table of contents to delineate what is in the respective volume, which will not be counted in the page limits. In addition, the following will also not be counted in the maximum page limits: blank pages, title pages, table of contents, tabs, dividers, glossaries, and indices.
2.1.3 Page Size
A page is defined as each face of a 8 ½ x 11-inch sheet of paper containing information (excludes such things as blank pages, title pages, table of contents, tabs, dividers, glossaries, and indices).
Page margins shall be a minimum of 1-inch each for the top, bottom and sides. All material must be contained within the page limit identified for each volume or appendix. The page limitations specified in Table 4.1.1 shall be treated as maximum limits to assist in the evaluation of each proposal. Total page count will be based on the printed proposal submission. The background color of each page of the proposal submission shall be white or ivory paper only.
2.1.4 Tables, Charts, Graphs, and Figures
Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and/or task layout, schedules, plans, etc. These displays shall be legible, easily understood by a reasonable person, and shall not exceed 11 by 12 vs 17 inches in size when printed. Foldout pages shall fold entirely within the volume and count as two pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics, and not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than Times New Roman 10 point. All tables, charts, graphs and figures will be included in the page count. Any tables, charts, graphs and/or figures containing smaller than Times New Roman 10 point font will be disregarded. This restriction applies to both electronic and hard copy proposals.
Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.
2.1.5 Tab Indexing
Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections. Tabs/indexes will not count against the page limitations for the respective volume.
2.1.6 Glossary of Terms
Each volume shall contain a glossary of all abbreviations, acronyms and/or terms used with a corresponding definition for each. Glossaries do not count against the page limitations for their respective volumes.
2.1.7 Binding and Labeling
Each volume shall be separately bound and labeled in a 3-ring, loose leaf binder, and clearly identified on the front. The binders should permit the volume to lie flat when open, and allow for easy removal and replacement of pages. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation number and the Offeror’s name and CAGE code. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information on both the hard copy and CD-ROM.
2.1.8 Electronic Media Offers and Submission
On each CD-ROM indicate the Offeror’s name, CAGE code, solicitation number, volume, and title and any appropriate markings identified in 2.1.7. The electronic copies of the proposal shall be submitted in a format readable and usable by Microsoft (MS) Office 2010® (MS Word®, MS Excel®, and MS PowerPoint®) or in PDF format viewable with the standard Adobe Acrobat Reader X. Files shall not be compressed. Hidden fields, comments, macros, etc., shall be omitted. The files shall be consistent and uniformly named to allow for easy distinction by Volume, Tab, etc., including company name. For example: V-II Technical Capability XYZ Company; or V-II Technical Capabilities XYZ Co. Table 1; or XYZ Co. Vol-II Technical Capabilities, Tab A. Documents submitted in electronic format, when printed, should match the original paper copy. In the event there is a discrepancy between the content found in a paper copy and an electronic copy, the paper copy shall take precedence. The receipt of paper copies shall constitute the timely receipt of the formal proposal. No oral, facsimiled, hand carried, or e-mailed proposals or addenda will be accepted.
2.1.9 Cross Reference Matrix
To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with minimal 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 and/or improve clarity. The cross-reference matrix will not count against the page limitations for their respective volumes.
2.1.10 Pricing Information
All pricing information shall be addressed ONLY in the Price Proposal Volume. Offerors shall be disqualified from consideration for contract award if pricing information is located in any other volume.
2.2 Electronic Reference Documents
All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at https://www.fbo.gov. Potential Offerors are encouraged to subscribe for FedBizOpps real-time e-mail notifications when information has been posted to the website for this solicitation.
3.0 RECEIPT OF PROPOSALS
3.1 Late Proposals
Proposals are due on the date and time specified on the Standard Form 1449, Block 8, and shall be submitted in accordance with the instructions herein. Proposals received after date and time listed in Block 8 may be rejected. The CO will promptly notify the Offeror its proposal was received late and whether the proposal will be considered. It is the Offeror’s responsibility to confirm the Government received the proposal.
https://www.fbo.gov/
3.2 Mailing Instructions
In response to this solicitation, proposals shall be delivered to the following address and must reflect the following in the address label. No oral, facsimiled, hand carried, or e-mailed proposals or addenda will be accepted.
(a) AFRL Det 8/RVKDT ATTN: Paulette S. L. Windley 3550 Aberdeen Ave. SE Kirtland AFB, NM 87117
(b) Solicitation Number: FA9451-15-R-0029
(c) The Legend. “TO BE DELIVERED UNOPENED TO THE CONTRACTING OFFICER,” and
(d) The volume number(s) contained in each box.
4.0 PROPOSAL VOLUME INSTRUCTIONS AND OTHER REQUIRED
DOCUMENTATION
4.1 Volumes
Offers will consist of three (3) separate proposal volumes: Volume I, Technical; Volume II, Contract Documentation; and Volume III, Price.
4.1.1 Proposal Volumes Organization, Number of Copies, and Page Limits
The Offeror shall prepare the proposal as set forth in Table 4.1.1.
Table 4.1.1. Proposal Organization
Volume Volume Title Copies Hard/Electro nic
Page Limit
I Technical Original + 4 +
1 CD ROM
25 pages total
II Contract Documentation Original + 4+
1 CD ROM
No Limit
III Price Original + 2 +
1 CD ROM
No Limit
5.0 VOLUME I – TECHNICAL
5.1 General
Proposals shall be clear, concise, and include sufficient detail for effective evaluation. 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.
Offeror shall assume 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.
5.2 Volume Organization
Volume I – Technical, shall be organized according to the following general outline:
• Glossary
• Sub Factor One: Quality Control Plan
• Sub Factor Two: Technical Capability
5.2.1 Sub-factor One: Quality Control Plan
The Offeror shall submit a Quality Control Plan in accordance with PWS 3.1.2.1. The Quality Control Plan shall demonstrate the Offeror’s understanding and approach for the sections and specifics described in the basic PWS (Attachment 1) sections 3.1.2.1.1 through 3.1.2.1.4.
5.2.2 Sub-factor Two: Technical Capability
The Offeror shall submit a written proposal explaining how your company shall meet the Government’s overall requirements. Government assumes that the approach will apply to all current task and subsequent task orders. Areas to be addressed are as follows:
5.2.2.1 Address your security program to satisfy the requirements of DD Form 254, Contract Security Classification Specification and PWS paragraphs 6.1 through 6.1.3.
5.2.2.2 Plan for the timely provision of cleared personnel to include TS/SCI Eligible at the task order level, if required. An offeror needs to have TS with adjudicated tier 5 or single scope investigation in order to be eligible for TS/SCI facility clearance.
5.2.2.3 Phase-In Transition Plan. A transition plan is required by all offerors. The plan should address the following: 1) Include a schedule for meeting all objectives within the 30-day transition period. Include security clearance processing. In addition, establish incremental milestones that will be used to measure the progress of the transition; 2) Describe how operations, management, and certification training (if applicable) shall be accomplished; 3) Describe how personnel will be apportioned to ensure a sufficient breath of experience; 4) Describe the Offeror’s approach to development and dissemination of policies, procedures, and control in preparation to assume control of all responsibilities from the incumbent; 5) Identify the level in the corporation at which responsibility for the phase in plan is located, the structure of the organization for accomplishing phase in activates and corporate specialists; 6) identify the Offeror’s approach to establishing controls to ensure the operations, management, training schedules are accomplished; 7) Convey the Offeror’s understanding of the importance of not having deterioration of service during the transition from one contractor to another. The government realizes that there is inherent risk in the transition effort. Offerors are encouraged to identify such risk and explain how they propose to minimize it. Discuss the Offeror’s intent to retain incumbent personnel and how the Offeror will transition the subject personnel to his/her organization. Discuss any special techniques that will be used to maintain a strong working relationship with the incumbent. Proposed price for the task order transition efforts are not separately priced. All pricing data shall be included in the task order proposals, to be provided in Vol III. There will be no Phase-In if the successor contractor subcontracts to a BOSS incumbent (prime or subcontractor) and they are performing the same or similar work. The Offeror must provide an orderly transition of work acceptance and accomplishment such that any impact to a program is minimized. The Phase-In time period is 30 days and is the first month of the 12-month period of performance for the basic effort.
5.2.2.4 Program Manager. The Offeror shall provide a plan that details how the Offeror intends to meet and maintain the Program Manager requirements. Resumes are not requested or required.
6.0 VOLUME II – CONTRACT DOCUMENTATION
6.1 General
The purpose of this volume is to provide information to the Government for preparing the contract document and supporting file(s). This portion shall include the following sections completed by the Offeror.
6.2 Contract Documentation
6.2.1 The Offeror shall provide the company/division’s street address, county and facility code, CAGE code; DUNS code, size of business (large or small); and labor surplus area designation.
The same information must be provided for work under this contract performed at any other location(s). Provide the same information for your major subcontractors (performing 20% or more of the total effort).
6.2.2 Standard Form (SF) 1449, Solicitation, Offer and Award. Signature by the Offeror on the SF 1449 constitutes an offer the Government may accept. The “original” copy shall be clearly marked under a separate cover and shall be provided without any punched holes.
6.2.3 Representations and Certifications. Complete all FAR, DFARS, and AFFARS provisions as applicable in Attachment 7 of the RFP, including FAR 52.212-3, Offeror Representations and Certifications – Commercial Items.
6.2.4 Acknowledgement of all amendments issued (if applicable).
6.2.5 The date of the Offeror’s Affirmative Action Plan, expiration date, and the name and address of the cognizant U.S. Department of Labor, Office of Federal Compliance Programs Office.
6.2.6 The date of the Offeror’s most recent Federal Contractor Veterans Employment Report VETS-100 Report (Reference FAR 22.1304).
6.2.7 Department of Labor Equal Employment Opportunity Clearance (EEOC) Information. See Attachment 10 of the RFP. In accordance with FAR 22.805, pre-award clearances for contracts and subcontracts of $10 million or more are required unless the contractor is listed in Office of Federal Contract Compliance Programs (OFCCP) National Pre-award Registry located at the Department of Labor’s website: https://ofccp.dol-esa.gov/preaward/pa_reg.html. In order for the CO to request clearance from the appropriate OFCCP regional office, the Attachment shall be completed and submitted with the Contract Documentation Volume. If an Offeror is already listed in OFCCP’s National Pre-award Registry, submit verification of the registry entry in place of the completed attachment.
6.2.8 Identification of any actual or potential Organizational Conflict of Interest and associated plan IAW AFFARS 5352.209-9001, Potential Organizational Conflict of Interest.
6.2.9 Offeror’s Terms & Conditions and/or Statement of Exceptions to the Solicitation. Offerors must clearly identify any exception to the solicitation Terms & Conditions and provide complete accompanying rationale. Any non-compliance with Terms & Conditions of the RFP may cause the proposal to be unacceptable.
6.2.10 Authorized Offeror Personnel. Provide the name, title, and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government. Finally, please provide the name, title, and telephone number of the CEO, Division President, or Vice President of the Offeror.
6.2.11 Organizational Financial Information. Submit copies of the Offeror’s latest available financial statement covering the organization(s) which will perform the contract. Include any information which may have a bearing on your ability to handle the financial management of the contract per FAR 9.104-1(a). If you are proposing a joint venture, describe how you will handle financial matters within the joint venture.
6.2.12 Past Performance Project Sheets (PPPS). See Attachment 11 to the RFP for the PPPS.
Each contract/project is limited to the PPPS form plus one additional page. The additional page is subject to proposal format requirements in sections 2.1.1 through 2.1.4.
6.2.13 Any other data the Offeror chooses to bring to the attention of the CO that is not appropriately in the requirements for Volume I or Volume II.
7.0 VOLUME III – PRICE
7.1 General and Compliance with the Service Contract Labor Standards
Separate price proposals, including options, must be submitted for each task order Performance Work Statement (PWS) using the spreadsheet format provided. The basic year and each option year shall be segregated. A stand-alone price proposal for transition phase-in and phase-out and travel are not required. Transition Phase-in costs are effective with the start date of each task order and are not to be segregated on each task order. A price proposal is not required for the basic Performance Work Statement. Historical workload estimates are provided in each task order Performance Work Statement. This data is provided as information only.
7.1.1 The Offeror shall provide a statement that acknowledges that the prices proposed for labor covered by the Service Contract Labor Standards meet or exceed the current wage determinations that specify the minimum labor rate and fringe benefits. See Attachments 5 and 6 to the RFP for applicable wage determination information.
7.1.2 Price Reasonableness
Note that the preferred method of establishing the price reasonableness of commercial requirements is to obtain commercial sales data. It is recognized that other methods, such as market price assessment data or evaluation of cost data not subject to certification, are also acceptable when prior sales data cannot be obtained. Sales data shall (1) demonstrate sales to the general public; (2) be current; and (3) where possible, be in like quantities. Items sold to state, local, or foreign governments or items sold with applications only to state, local, or foreign government or US Government end items are not considered to be sales to the general public unless the proposed commercial item meets the FAR 2.101 commercial item definition sub-definition (8).
The Government may determine a proposal “Unacceptable” should the proposed fully burdened unit prices be significantly unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. Offers should be sufficiently detailed to demonstrate their reasonableness and balance. The burden of proof for credibility of proposed prices rests with the Offeror.
7.1.3 Price Information
Information beyond that required by this instruction shall not be submitted, unless considered essential to document or support the proposed price position. All information relating to the proposed price including supporting documentation must be included in the section of the proposal designated as the Price volume. Under no circumstances shall this information and documentation be included elsewhere in the proposal. Offerors shall be disqualified from consideration for contract award if pricing information is located in any other volume.
7.1.4 Price Volume Content. The format of the Price volume shall be as follows:
Tab 1: Table of Contents, Glossary, and Definitions Tab 2: Price and Supporting Information
Tab 3: Task Order Pricing Spreadsheets
7.1.4.1 Tab 1 – Table of Contents, Glossary, and Definitions
Provide a detailed table of contents for this volume. Provide a glossary of all abbreviations and acronyms used, with an explanation for each. However, use of abbreviations and acronyms should be limited. Provide definitions as necessary.
7.1.4.2 Tab 2 – Price and Supporting Information
7.1.4.2.1 General
Offerors shall propose the total Firm-Fixed Price (FFP) for each task order. Refer to Attachments 12 through 23 to the RFP for the PWS for each task order. Each numbered Attachment shall be individually priced, for the basic and all options, and totaled.
7.1.4.2.1.1 Price Information. See Paragraph 7.2, Price Proposal Instructions, for the following task orders: RDF, RDH, RDL, RDM, RDMZ, RDS, RVB, RVE, RVI, RVK, RVO, and RVS.
All task orders will be awarded.
7.1.4.2.1.2 Offerors shall provide these Price Proposal Instructions to all subcontractors.
Proprietary subcontractor data may be submitted directly to the Government in accordance with Proposal Preparation Instructions in this announcement.
7.1.4.2.1.3 Provide the following information as the first page of the price proposal for each task order: Amount for each task order; date offer is submitted; DUNS Number; and CAGE Code
7.1.4.3 Tab 3 – Task Order Pricing Spreadsheets
7.1.4.3.1 Furnish the spreadsheets in Attachments 24, 25, and 26 of the RFP for each task order and the entire performance period in hard copy and on CD using Microsoft Excel® 2010, to include all cell formulas.
7.2 Price Proposal Instructions
7.2.1 General Instructions
7.2.1.1 The Offeror shall identify proposed GSA FSS rates (or other commercial rates including basis of estimate, if the Offeror does not have a GSA FSS), applied discounts (as appropriate), and resultant proposed discounted labor rates in Attachment 24 titled, “Commercial Services Task Order Rate Schedule Template”. The Offeror shall separately identify fully-burdened labor rates for Prime, Team Members, and/or Subcontractors in Attachment 24 and shall provide separate schedules for each proposed task order (12 task orders) and associated periods of performance, including the base year plus four (4) one year options.
7.2.1.1.2 The Offeror shall fully complete the Commercial Services Task Order Pricing Template (Attachment 25). Material omissions of required data shall cause the proposal to be removed from further consideration for award. If non-exempt labor categories are proposed, the contractor shall include Commercial Services Task Order Non-Exempt Labor Rate Disclosure Template (Attachment 26) to facilitate future price adjustments pursuant to FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts). Proprietary Team Member and/or Subcontractor information required in Attachment 26 shall be submitted directly to the Contracting Officer.
7.3 Pricing Spreadsheets
7.3.1 The Offeror shall provide the following Excel® spreadsheets:
Commercial Services Task Order Rate Schedule Template (Attachment 24) Commercial Services Task Order Pricing Template (Attachment 25) Commercial Services Task Order Non-Exempt Labor Rate Disclosure Template
(Attachment 26)
7.3.2 The Offeror shall complete all of the spreadsheets listed in section 7.3.1 for every task order identified in section 7.1.4.2.1.1. Within each spreadsheet, there are different tabs for the base year and each of the four option years. The Offeror shall complete each tab for the entire period of performance. Title each spreadsheet with the task order name as listed in section 7.1.4.2.1.1.
7.4 Pricing for Services
7.4.1 Adequate price competition is anticipated, however, in accordance with FAR 15.402 and 15.403-3(a), information other than cost/pricing data may be required to support price reasonableness. If, after receipt of proposals, the Contracting Officer determines there is insufficient information available to determine price reasonableness and none of the exceptions in FAR 15.403-1 apply, the Offeror shall be required to submit pricing data.
7.4.2 Pricing for Services must be substantiated by one of the following methods:
7.4.2.1 Established commercial catalog prices (published and dated pricelists, including GSA FSS, as applicable) offered to the general public, federal agencies, state, or local government. If the Offeror does not have a published and dated price list, the Offeror may utilize data in the form of internal business memorandums, quote sheets, etc. Proposed fully-burdened labor rates must be equal to or less than the Most Favored Customer (MFC) price. Offerors may provide a discount from published price lists. The Offeror shall provide the published price list as part of the price proposal, including price lists for any subcontractor(s). The price list shall be legible with the pertinent prices easily identifiable and labeled with the labor categories. The price lists should also identity the catalog from which the prices are derived, such as Government-wide acquisition contracts (GWAC), General Services Administration (GSA) schedules, etc.
7.4.2.2 If the labor category proposed is non-exempt (i.e., identified as a Service Contract Labor Standards covered position subject to the Multiple Year Price Adjustment clause), the Offeror shall provide limited cost data which is not certified in Attachment 26. This data shall show how the contractor arrived at its proposed fully-burdened labor rate. The data shall include, at a minimum, all direct labor costs, accompanying payroll costs, and health and welfare fringe (these are the only cost elements that are eligible for price adjustment), and all other direct and indirect costs, and profit. Fully burdened rates, at a minimum, must be in compliance with Department of Labor (DOL) Wage Determinations for Service Contract Labor Standards covered services.
7.4.2.3 Labor prices should be provided on a per labor category, per-hour basis for each proposed location. Overtime rates may be offered for non-exempt positions. The firm fixed labor price for each task order shall be based on the proposed labor category fully burdened hourly rates in the contract multiplied by estimated hours for each proposed labor category.
7.4.2.4 Price adjustments for Service Contract Labor Standards labor categories will be in accordance with the Fair Labor Standards Act. The following paragraph and illustrative examples are provided for clarification regarding the Price Adjustment process:
Future Wage Determination (WD) price adjustments resulting from implementation of FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) applicable firm-fixed-price labor CLINS under this contract shall be the lesser of the difference between the Contractor's awarded WD direct labor and fringe rates per hour for the revised WD period, and the revised WD labor and fringe rates per hour, or the difference between the contractor's actual WD direct labor and fringe rates per hour during the contract period prior to implementation of a revised WD, and the revised WD labor and fringe rates per hour. In no instance shall a future WD price adjustment exceed the difference between the preceding WD and revised WD wage and benefit requirements.
Illustrative Examples:
Initial Actual Awarded Revised Maximum WD Rate Rate Rate WD Price Adjustment
1.$20.00 $21.00 $25.00 $24.00 $0 2.$20.00 $21.00 $22.00 $24.00 $2
3. $20.00 $21.00 $20.00 $24.00 $3
4. $20.00 $19.00 $20.00 $24.00 $4
Explanation:
1. No price adjustment because awarded rate exceeds revised WD rate.
2. Price adjustment is difference between revised WD rate and awarded rate (awarded rate higher than actual rate).
3. Price adjustment is difference between actual rate and revised WD rate (actual rate higher than awarded rate).
4. Price adjustment is difference between initial rate and revised WD rate (actual rate lower than original WD rate - In violation of the Service Contract Labor Standards).
7.4.2.5 The proposed labor rates in Attachment 24 are the only recognized rates for task order pricing. For the period of performance covered by the Offeror’s unexpired FSS (if applicable, in accordance with paragraph 7.2.1.1), the Attachment 24 proposed company-site and/or government-site fully burdened direct labor rates shall not exceed the applicable unexpired FSS rates unless due solely to application of New Mexico Gross Receipts Tax.
7.4.2.5.1 In the event out-year period(s) of performance rates are not covered by unexpired GSA FSS rates, the contractor may escalate the last unexpired year’s rates for purposes of estimating fully-burdened rates for out-year performance period(s). The narrative basis for proposed escalation shall be disclosed for all labor rates that are based on other than the Offeror’s unexpired GSA FSS rates.
7.4.2.5.2 All proposed fully burdened labor rates in Attachment 24 shall include all applicable taxes, including revenue-based New Mexico Gross Receipts Tax. New Mexico Gross Receipts Tax (NMGRT) may be applicable to the proposed effort. For assistance in determining the extent to which NMGRT may apply and applicable rates, contact the New Mexico Taxation and Revenue Department, 5301 Central Ave., NE, PO Box 8485, Albuquerque NM 87198, (505)841- 6200, http://www.tax.newmexico.gov/Businesses/gross-receipts.aspx. No post-award adjustments to labor rates shall be made for the purpose of reimbursing Federal, State, and Local taxes and duties.
http://www.tax.newmexico.gov/Businesses/gross-receipts.aspx
7.4.2.5.3 The Offeror shall provide a listing of the individual companies (i.e., Prime, Team Lead, Team Members and subcontractors) that will make up the team proposed to support this contract and all issued task orders.
7.4.2.6 Offerors shall submit all (if any) assumptions upon which their price proposal is based.
7.4.2.7 Demonstrate compliance with FAR 52.219-14, Limitation of Subcontracting, whereby the Offeror must demonstrate that at least 50% of the proposed labor charges will be incurred by the Offeror’s employees. If the Offeror obtained competitive quotes from potential subcontractors, provide evidence of competition.
7.4.2.8 Do not propose travel costs. Travel, if any, will be negotiated at the task order level, as required.
8.0 Past Performance
Each Offeror shall provide the Past…
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