FOPR_MACM-23-001.pdf

Fair Opportunity Proposal Request (FOPR)

FOPR# MACM 23-001

C-130H AN/ALR-69A Radar Warning Receiver (RWR)Aircraft Modification POOL A (FIXED WING) and POOL B (ROTARY WING)

Instructions to Offerors/Basis of Award

13 June 2023

1. Proposal Submission:

A. This is a fair opportunity selection conducted in accordance with (IAW) Federal Acquisition

Regulation (FAR) Part 16.505(b)(1). Orders placed under FAR 16.505 IDIQ contracts are not source selections and are not subject to FAR 15.3 procedures. Accordingly, issuance of an order under this Fair Opportunity Proposal Request (FOPR), should an award be made, shall follow the ordering procedures outlined in FAR 16.505, as supplemented and as follows the stated ordering procedures within the Special Operations/personnel Recovery (SOF/PR) Multiple Award Contract for Modifications (MACM) Indefinite-Delivery Indefinite-Quantity (IDIQ) contract.

B. The proposal submitted in response to this FOPR must be in compliance with the terms and conditions of the SOF/PR MACM IDIQ, requirements as stated in the FOPR and attachments and Statement of Work (SOW)/Order Description (OD). All claimed capabilities to meet the requirements shall be realistic and are subject to verification by the Government. Non-conformance with these instructions may result in rejection of the proposal, an unfavorable proposal evaluation, or being deemed ineligible for award.

C. Offerors shall clearly identify any exception to the terms and conditions and shall provide complete supporting rationale. The Government reserves the right to determine any such exceptions are unacceptable. Any exception determined unacceptable by the Government may result in the Offeror’s proposal being determined unacceptable and ineligible for award. This information shall be provided in the format and content of the table below within the Offerors proposal cover letter. If no exceptions are taken, include a statement stating so within the proposal cover letter.

FOPR Exceptions

FOPR

Document

Page/ Paragraph Requirement/Portion Rationale

PWS(SOW), ITO,

Evaluation Factor, etc.

Applicable Page and Paragraph Numbers

Identify the requirement or portion to which exception is taken

Describe why the requirement can / will not be met

D. 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 or experience and will base its evaluation on the information presented in the Offeror's proposal. Discrepancies. If an Offeror believes the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer (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.

E. The Period of Performance (PoP) will be a base period of fourteen (14) months. The following Contract Line Item Numbers (CLINs) will be utilized:

CLIN Description Pricing Qty U/I Est Unit Cost/ Unit Price

Est Total Cost/ Total Price

0015 Production Kits FFP 31 EA 0039 Contract Data Requirement List (Exhibit A) NSP 1 LO

Proposed Delivery Schedule

F. Proposal Submission.

1. Each Offeror shall submit proposals electronically via email in a format readable by Microsoft (MS) Word, Adobe Acrobat X Pro, and MS Excel as applicable.

2. The Contractor shall submit proposals for consideration no later than 5:00pm (Eastern Standard Time), 28 June 2023. Only one (1) proposal shall be submitted, per company, in response to this requirement. Proposals received after the date/time specified will not be evaluated. Proposals validity shall be 60 days.

G. Offerors submitting a proposal in response to this FOPR shall submit a price volume subject to the following guidelines:

1. FOPR Cover Letter shall include:

• Offerors’ contract number,

• Company primary and alternate points of contact with email/phone and who is authorized to contractually obligate the company;

• CAGE Code;

• A statement that the company understands the requirements specified and will meet the performance standards and requirements therein; and

• A statement that the company does or does not take exception to any of the requirements of this order.

2. The Offeror shall submit pricing information to support the completeness and reasonableness of their proposed prices for all CLINs. The pricing information submitted should fully support the SOW/OD. A breakdown should be provided which shows the skill mix, labor categories, labor rates and position descriptions. Information shall be segregated by the performance periods, individual performance locations, and the total price for each CLIN as specified in the solicitation. Information shall also show the consolidated total price for performance.

2. Basis of Award:

A. Award will be made in accordance with the basic contract ordering procedures and on the basis of the lowest priced proposal deemed responsive.

B. First, the Government will rank the proposals from lowest price to highest price, in order to establish an Initial Total Evaluated Price (I-TEP). The I-TEP will be calculated as the sum of the contractor’s prices submitted.

C. The Government intends to make award based on the initial proposal submissions without conducting interchanges. Therefore, each offer should contain the Offeror’s best terms from a price. However, the Government reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government.

Interchanges are fluid interaction(s) between the Contracting Officer (CO) and the contractors that may address any aspect of the proposal and may or may not be documented in real time.

However, the Government reserves the right to conduct interchanges using Interchange Notices (IN). Offeror responses to INs will be considered in making the order selection decision.

Interchanges may be conducted with one, some or all Offerors as the Government is not required to conduct interchanges with any or all contractors responding to this FOPR.

3. Evaluation Factors

A. Responses to this FOPR will be evaluated by price only.

4. Responsibility Determination:

Although past performance may not be used as an evaluation factor, information obtained from other sources available to the Government such as the Past Performance Information Retrieval System (PPIRS) will be used as part of the responsibility determination made IAW FAR 9.104-1.

The Government reserves the right to obtain information relative to present and past performance on its own.

5. Additional Provisions and Clauses.

The Federal Acquisition Regulation (FAR) has been amended to implement section 889(a)(1)(B) of Title VII of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019.

Paragraph (a)(1)(B) prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses 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, as defined at FAR 4.2101, unless an exception applies, or a waiver is granted. This applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and acquisitions of commercial items, including off-the-shelf items.

To implement paragraph (a)(1)(B) of section 889, and as prescribed in FAR 4.2105(a), this section serves to incorporate provision FAR 52.204–24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, into this FOPR.

The Federal Acquisition Regulation (FAR) has been amended to implement Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on information technology, including certain equipment used by Federal contractors. This prohibition applies to the presence or use of a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor’s employees, unless an exception is granted in accordance with OMB Memorandum M-23-13.

This section serves to incorporate provision FAR 52.204–27, Prohibition on a ByteDance Covered Application, into this FOPR.

6. Ombudsman.

In accordance with AFFARS 5352.201-9101, Ombudsman (JUN 2016), an Ombudsman has been appointed to hear and facilitate the resolution of concerns from Offerors, potential Offerors, and others for this acquisition. If resolution cannot be made by the CO, concerned parties may contact the following agency:

Timothy Inman, Technical Director of Contracting, AFSC/PK 235 Byron Street, Ste.19A Robins AFB, GA 31098 Timothy.Inman@us.af.mil

7. Attachments:

1. Order Description_ALR6 9

2. DD 1653- Transportation

3. AFMC Form 158 – Packaging

4. DD Form 2169- Special Packaging Instructions

5. Exhibit A - Non-Separately Priced CDRLs

6. TCTO

7. EDL/ TDP

6. Contact for Proposals and Inquiries:

Proposals and all inquiries must be submitted electronically to Morgan White at morgan.white@us.af.mil and Kelsey Wade at kelsey.wade.1@us.af.mil. Kelsey Wade serves as the Ordering Procuring Contracting Officer (OPCO) for this effort, and Morgan White as the assigned Contract Specialist.