HSFE90-12-R-0035 SECTION L and M Amended.pdf

HSFE90‐12‐R‐0035 Section L‐ Amended

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.

NUMBER TITLE DATE

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE JAN 2004

ACQUISITION

52.216-29 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL FEB 2007

REQUIREMENTS--NON-COMMERCIAL ITEM

ACQUISITION WITH ADEQUATE PRICE

COMPETITION

52.216-27 SINGLE OR MULTIPLE AWARDS OCT 1995

3052.247-72 F.O.B. DESTINATION ONLY DEC 2003

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

L.3 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:

Hand-Carried Address:

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

NATIONAL CONTINUITY BRANCH

ATTN: Matthew Raible

19844 BLUE RIDGE MOUNTAIN ROAD

BLUEMONT VA 20135

Mailing Address:

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

NATIONAL CONTINUITY BRANCH

ATTN: Matthew Raible

19844 BLUE RIDGE MOUNTAIN ROAD

BLUEMONT VA 20135

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

L.4 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):

http://www.arnet.gov/far

L.5 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

A. Preface

Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party.

FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address:

Federal Emergency Management Agency FEMA ADR Office Office of Alternative Dispute Resolution 400 Virginia Ave.

Washington, DC 20472

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency.

These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

Pursuing an agency protest does not extend the time for obtaining a stay at GAO.

These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

B. Definitions.

(1) "Agency protest," as used in this SOP, is one that may be filed with either the Contracting Officer or the officer responsible for the resolution of all agency protests filed at the level above the Contracting Officer.

(2) "Ombudsman," as used in this SOP, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman.

(3) "Day," as used in this SOP, is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is a Saturday, Sunday or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

C. Submission Guidelines.

(1) Agency protests may be filed through the Contracting Officer or, at the level above the Contracting Officer, through the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows:

a. Protests filed through the Contracting Officer or the Ombudsman must be mailed or faxed to:

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY ASSISTANCE CENTER

SATELLITE PROCUREMENT OFFICE

BLUEMONT, VA 20135

-OR-

OCPO

Attn: Anthony Martoccia

395 E Street SE Washington, DC 20472

b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest".

c. If the protester submits the protest directly through the Ombudsman, the protester must also, within one (1) day of submitting the protest to the Ombudsman, submit a copy of the protest to the responsible Contracting Officer either by FAX transmission or by "Certified Mail" (Return Receipt Requested).

(2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day.

(3) Protest submissions will not be considered filed until all of the following information is provided:

a. the protester's name, address, telephone number and fax number;

b. the solicitation or contract number;

c. a detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;

d. copies of relevant documents;

e. a request for ruling by the agency;

f. a statement detailing the form of relief requested;

g. all information establishing that the protester is an interested party for the purposes of filing a protest; and

h. all information establishing the timeliness of the protest.

(4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman.

D. Timeliness/Resolution of Protests.

(1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

(2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.

(3) Protests filed through the Contracting Officer.

a. Within twenty (20) days after the protest is filed through the Contracting Officer, the Contracting Officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Return Receipt Requested)".

b. Appeals

i. Protesters who filed protests through the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman.

ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested).

iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision.

iv. In accordance with FAR 33.103(d)(4) and 4 C.F.R 21.2(a)(3), if there is an agency appellate review of the Contracting Officer's decision on the protest, it will not extend GAO'S timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within ten (10) days of knowledge of initial adverse agency action.

(4) Protests filed through the Ombudsman:

a. If the protester protests directly through the Ombudsman, the Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed.

b. Protests filed directly through the Ombudsman cannot be appealed within the agency.

E. Dismissal of Protests.

The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protest).

L.6 PROPOSAL PREPARATION INSTRUCTIONS

A. GENERAL INSTRUCTIONS

1. Any resultant contract shall include the general provisions applicable to the selected offerors organization and type of contract awarded. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, shall be included.

2. The proposal must be prepared in two parts: a "Technical Proposal –Volume 1" and a “Business Proposal – Volume 2."

Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to price; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the Statement of Work may be evaluated.

Each volume shall be marked with proposal number, title and Offeror's Business name. Pages shall be numbered. Bookmarks are encouraged. Front matter (title pages, tables of contents, cross-reference matrices, acronym lists, and glossaries) may be provided solely for the purpose of easing evaluation.

3. The following page limitations are established below for the proposals submitted in response to this solicitation:

Technical Proposal 30 Single Sided or 15 double sided pages Business Proposal No Limit

The proposal page limitation does not apply to the following: title pages, table of contents; index pages; blank/divider tabs;

certifications; position descriptions; past performance questionnaires; the business proposal; cover letter; resumes (individual resumes limited to 2 pages); and letters of intent.

Offerors must use 8 1/2 inch by 11 inch white paper for its proposal pages. Each page shall have not less than one-inch margins on each side of the page. The font color shall be black.

The typewritten or printed letters shall be no smaller than Courier 12 point or equivalent as the minimum size standard, with no reduction permitted except organization charts, diagrams, tables or other graphic illustrations; in those instances where reduction is allowable (no smaller than 10 point recommended), printed in landscape orientation or folded to eliminate oversized pages.

Diagrams, tables, charts, and photographs shall not be used to circumvent the text size limitations of the proposal. The Government will not evaluate text size smaller than 8 point on diagrams, tables, charts and photographs. Offerors shall ensure that the print is easily readable. Header/footer information (which does not include any information to be evaluated) may be included in the 1” margin space. Each 8 and 1/2 by 11 inch “sheet” shall count as one page. Foldouts for complete spreadsheets and/or organization charts are permissible up to 11" by 17" and shall count as two pages.

Pages submitted in excess of the limitations specified above will not be evaluated by the Government.

4. Amendments to Proposal - Any changes to a proposal made by the offeror after its initial submittal (i.e., in the final revised proposal) shall be accomplished by replacement pages. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The offeror shall include the date of the amendment on the lower right corner of the changed pages.

5. The Government will evaluate proposals in accordance with the technical evaluation criteria set forth in Section M of the RFP. Failure to respond or follow the instructions regarding the organization and content of the Technical and the Business Proposals may result in the Offerors proposal being removed from further consideration.

6. It is anticipated that this solicitation will result in awards Time & Material/IDIQ contracts.

B. TECHNICAL PROPOSAL INSTRUCTIONS/CONTENT (Volume 1)

Volume 1 – Technical Proposal shall be organized and tabbed as follows:

Section 1-Techical Approach and Experience Section 2-Key personnel/Staffing Plan Section 3-Past Performance Section 4-Management Approach

The following content is required:

Factor 1 – Technical Approach and Technical Experience –

BOTH SUBFACTORS ARE EQUAL

Technical Approach- The offeror shall demonstrate their understanding of the SOW and the requirements, which presents an efficient and realistic approach to meet the proposed requirement. The technical approach demonstrates how each aspect of the SOW is to be accomplished. The technical approach demonstrates an in depth technical understanding and ability to meet the SOW requirements. The approach should demonstrate how the project is to be organized and the technical capability of the offeror. The approach should reflect a clear understanding of the nature of the work to be undertaken. The Technical Approach should demonstrate adequacy, completeness, comprehensiveness and a probability for successful completion of all contract tasks and requirements efficiently and effectively. Technical Approach shall not be reiteration of the SOW, rather the offeror shall demonstrate its ability to interpret the tasks within the SOW and perform those functions.

Technical Experience-The offeror shall demonstrate that it has the technical experience to perform the tasks listed in the SOW and has technical experience in the field of disaster response, especially in the area Chemical, Biological, Radiological, and Nuclear Explosion Response. The offeror shall demonstrate how previous experiences by both the company and company employees will benefit this requirement. Offerors shall reference previous projects and past contracts. The offeror shall identify and discuss problems, issues, short turnarounds that occurred and the remedies taken. The offeror should address experience performing and managing projects similar in nature, size and complexity to the requirement.

Factor 2-Key Personnel/Staffing Plan

BOTH SUBFACTORS ARE EQUAL

The offeror shall identify and present resumes and position descriptions of proposed key personnel, including Program Manager and other key personnel proposed by the offeror, which may include consultants and other professionals. Offerors should any detail key personnel who will be assigned to this contract and the rationale for position designated as key (i.e., why the offeror determined the position(s) to be key). The offeror shall demonstrate the proposed key personnel have an understanding of the program scope and objectives as well as relevant experience. The offeror shall demonstrate an understanding of the importance of assigning experienced, key personnel in the completion of the contract. Resumes for proposed key personnel must contain information on education, background, recent/relevant experience, and unique qualifications applicable to the performance of this requirement. Letters of commitment shall be provided for key personnel that are not currently employees of the offeror or its proposed subcontractors.

The staffing plan shall include a description of how the offeror will recruit, train, retain and otherwise maintain a qualified work force for this requirement as well as the proposed plan to supervise and coordinate its staff. The plan shall include the number, skill mix, levels of expertise and qualification for the proposed positions. Include the duties and responsibilities for each position proposed. The offeror shall described how it will utilize and ascertain consultants, subcontractors, etc. to perform the task areas of the SOW. In the description of the proposed labor mix, demonstrate that the proposed staff will have the necessary skills and expertise necessary for successful contract performance. The offeror should include a record of recruiting and retention success for similar contracts.

The offeror shall demonstrate it has the functional responsibilities, education and experience to perform the tasks. The offeror shall demonstrate the ability to obtain consultants, subcontractors and SMES when identified, and demonstrate its record of recruiting and retaining staff for similar contracts. The offeror shall complete the following table:

Title Security Clearance Level Functional Responsibilities/Tasks Min. Education/Min.

Experience

The following is a list of suggested titles and minimum education and experience requirements. Offerorors may reclassify stated positions and add additional labor categories as necessary to complete the work.

NOTE: OFFERORS MAY ADD ADDITIONAL CATEGORIES THAT MAY BE UTILIZED ON THIS CONTRACT.

1. Project Manager:

Minimum/General Experience: The Project Manager normally has ten (10) years experience in emergency management with 5 of those years in a supervisory position, managing a minimum of 5 staff and increasing levels of responsibility.

Minimum Education: A bachelor’s degree may be used to substitute for 4 years of emergency management experience, but not supervisory experience. A master’s degree may be substituted for an additional 2 years of emergency management experience, but not supervisory experience.

2. Subject Matter Experts (SMEs)

Minimum/General Experience: Each Subject Mater Expert normally has a minimum of fifteen (15) years experience in their specific area of expertise.

Minimum Education: Bachelor’s Degree in related area of expertise.

3. Analyst:

Minimum/General Experience: Five (5) years of related work experience. Two (2) years of related experience may be substituted for a Bachelor’s Degree.

Minimum Education: Bachelor’s Degree

4. Meeting Facilitator

Minimum/General Experience: Three (3) years of demonstrated experience related to facilitation of national level stakeholder meetings related to complex topics.

Minimum Education: Bachelor’s degree.

5. Technical Writer/Editor

Minimum/General Experience: Six (6) years of demonstrated experience writing and editing publications, including technical documents such as operational plans, strategic plans, needs assessments, research reports policy and information papers. Excellent writing skills required, as is the ability to analyze, synthesize, and condense text that includes technical information that is intended for use by non-technical lay audiences. For publications printed and distributed by government clients, also requires demonstrated knowledge of writing, editing, and style guidelines and printing regulations of the Government Printing Office.

Minimum Education: Bachelor’s degree.

Factor 3-Past Performance

The offeror shall provide the following information as part of past performance info:

Name of Contracting Activity Contract Number Contract Type Total Contract Value Annualized Contract Value Performance Period (including any options) Brief Description of Work Performed Contracting Officer Name and Telephone Number Program/Project Manager Name, Telephone Number and Email Address List of Subcontractors Indicate comparability to proposed effort. Rationale must be provided to convince the Government that it is indeed similar.

All subcontractors listed by the prime shall provide the same detailed information as listed above.

The offeror shall submit information regarding five (5) past performance performing services that are relevant to the requirements of the solicitation. Relevant services are those that have been completed or are currently in process, which are similar in size, scope, complexity, and relevant to the services as identified in the SOW attached to this RFP. The services must have been provided within three years preceding the closing date of this solicitation. Contracts listed may include those entered into with the Federal Government, State and local government agencies, and commercial customers. Contracts with the offeror’s parent company or an affiliate of the offeror may not be used. The past performance submission shall include a narrative (paragraph (1) below). If the offeror proposes a subcontractor, teaming partner, mentor/protégé or other relationship, the offeror shall additionally submit the letter(s) of consent at paragraph (3) below. If the offeror possesses no relevant past performance, in lieu of the requirements in paragraphs (1) through (3) below, the offeror shall submit a statement in accordance with paragraph (4) below.

(1) Narrative. The narrative shall provide an overview of relevant contracts (Government and/or private sector) held by the offeror or any key personnel, subcontractor, partner, etc. who is part of the current proposal. The narrative should include dates, locations, scope of work, contract type, contract value, types and numbers of workers, problems encountered and their solutions, and noteworthy successes or accomplishments.

(2) Reference Questionnaires. A copy of the questionnaire is listed in Attachment 2, the Government will contact the past performance references listed by the offeror and complete the questionnaire with information obtained from references.

(3) Letter(s) of Consent. If a subcontracting, teaming, partnering, mentoring or other relationship is proposed, the offeror shall submit written consent from the subcontractor, partner, etc. allowing the offeror to discuss the past performance of the subcontractor, partner, etc. with the Government. If such consent is not provided as part of the proposal submission, the past performance of the subcontractor, partner, etc. may not be considered by the Government in its evaluation.

(4) IF NEITHER THE OFFEROR NOR ITS SUBCONTRACTOR(S), TEAMING PARTNER(S), ETC. POSSESS RELEVANT PAST PERFORMANCE, the offeror shall submit a statement affirming that they possess no relevant past performance.

Factor 4-Management Approach

The offeror shall demonstrate a management approach including: 1) ramp up strategy to assume full performance of the contract in a timely, efficient and cost effective manner; 2) its capacity to provide all of the technical components of the work and demonstrate corporate commitment to achieve the overall program objectives; and 3) in depth management understanding and ability to accomplish administration requirements after task order award.

C. BUSINESS PROPOSAL INSTRUCTIONS (Volume 2)

Business Proposal shall include:

1. Cost/price - The offeror must submit separate cost or pricing information for each year.

2. Fully burdened hourly labor rates shall be provided for all labor categories listed under Year 1 through Year 3. The offeror shall complete Section B. Offerors may submit different titles for proposed labor categories. A detailed cost breakdown of fully burdened rates shall be provided by cost elements identified below:

a. Direct Labor - Breakdown of direct labor cost by named person or labor category of current actual or average hourly rates. Indicate whether current rates or escalated rates are used. If escalation is included, state the degree (percent), effective date, and methodology. Vacations, holidays, sick leave, and any other paid absences should be cited as a fringe benefit rate or the offeror should indicate that those costs are included in the indirect cost rate.

b. Subcontractor Labor - If proposed, cost information for each subcontractor shall be furnished in the same format and level of detail as prescribed for the prime offeror. Additionally, the offeror shall submit the following information:

(1) A description of the items to be furnished by the subcontractor;

(2) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected including the extent of how competition was obtained;

(3) The proposed subcontract price, together with the offeror's cost or price analysis thereof, and performance and delivery schedule; and

(4) Identification of the type of subcontract to be used.

c. Subject Matter Experts - If proposed, detailed data concerning proposed Subject Matter Expert costs shall include the following:

(1) Purpose;

(2) Names of Subject Matter Expert(s) to be engaged;

d. Handling Rate - The offeror shall propose a fixed handling rate for Year 1 through Year 3 of the contract that will be applied to all Other Direct Costs (i.e., subcontract labor, travel, materials).

e. Overhead and General and Administrative Expenses - Offerors lacking Government approved indirect cost rates must provide detailed background data indicating the cost elements included in the applicable pool and a statement that such treatment is in accordance with the established accounting practice. Offerors with established rate agreements with Federal cognizant agencies shall submit one copy of such agreement.

“Contractor Off-site Loaded Rate” is defined as the loaded rate for labor incurred in any location other than a Government Facility.

FOR COST ESTIMATING PURPOSES THE OFFEROR SHALL COMPLETE THE TABLE BELOW. OFFER SHALL

APPLY MATERIAL HANDLING CHARGES WHERE APPLICABLE.

IDIQ Contract - Base Year

CLIN Labor Category Contractor Off-Site Loaded

Hourly Rate

Government On-site Loaded

Hourly Rate 0001AA Labor Category Title

0001AB

0001AC

0001AD

0001AE

0005 Travel $50,000 0006 Material $71,000

IDIQ Contract – Optional Period One

CLIN Labor Category Contractor Off-Site T&M

Hourly Rate

Government On-site Loaded

Hourly Rate 1001AA Labor Category Title

1001AB

1001AC

1001AD

1001AE

1005 Travel $70,000 1006 Material $71,000

CLIN Labor Category Contractor Off-Site T&M

Government On-site Loaded

Hourly Rate Hourly Rate 2001AA Labor Category Title

2001AB

2001AC

2001AD

2001AE

2005 Travel $70,000 2006 Material $76,000

3. Representations, Certifications, and Other Statements of Offerors - Complete and submit Section K, Representations, Certifications, and Other Statements of Offerors, of the RFP.

E. COMMUNICATIONS WITH THE GOVERNMENT

1. All communications with regard to this solicitation should be directed to Christine Todd, Contract Specialist, who may be contacted by email at christine.todd@dhs.gov.

2. Offerors must submit all technical questions concerning this solicitation, in writing, to the contract specialist identified above.

All questions must be submitted no later than July 26th, 2012, 12:00 p.m. (Eastern Standard Time). Answers to all relevant and appropriate questions will be posted as an amendment to the solicitation. In the event multiple questions address the same issue the Government reserves the right to answer a representative question that best exemplifies the issue.

F. PROPOSAL SUBMISSION

1. Original of the Technical Proposal and the original of the Business Proposal shall be submitted in two separate parts. The closing date for receipt of proposals is 11:00 AM/EST, on 08-15-2012. Proposals may be submitted electronically to christine.todd@dhs.gov referencing the RFP # and “Submittal of Proposal” in the subject line of the e-mail, if they do not exceed the following limitations:

- no .zip files can be received

- no files larger than 10 MB in size can be received

2. Electronic copies of proposals must be received by the Contracting Officer by the specified closing date and time. Offerors are responsible for contacting the Contract Specialist, Christine Todd, via e-mail at christine.todd@dhs.gov or phone at 540-542-5283 to confirm receipt of their proposals prior to the closing date and time.

3. Your mailed or overnighted proposal must be submitted not later than 11:00 a.m. (EST) local time on Wednesday August 15th, 2012, at the place designated by the issuing office. The issuing office is and place designated for receipt of proposals is:

DEPARTMENT OF HOMELAND SECURITY

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

ATTN: CHRISTINE TODD, BLDG. 772

MT. WEATHER, VA 201987

3. Marking on Technical and Business Envelopes: To ensure that your proposal arrives at the proper place on time, and to prevent opening by unauthorized individuals, the proposal must also be identified on the envelope or wrapper as follows:

Proposal Submitted in Response to RFP: HSFE90-12-R-0035

Contract Specialist: Christine Todd

Room: Bldg. 772

Due Date: Wednesday, August 15, 2012, 11:00 AM. (EST) local time

G. PROPOSAL DELIVERY INSTRUCTIONS

1. Mailroom Procedure: The proposal must be properly identified on the face of the envelope or container as set forth above in order to ensure that the date and time of receipt is stamped on the face of the proposal envelope or container since the Agency mailroom receiving procedures are: (a) date and time stamp those envelopes or containers identified as proposals and deliver them as soon as possible to the appropriate procuring activity, and (b) only date stamp those envelopes or containers which do not contain identification of the contents and deliver them to the appropriate procuring activity through the routine mail delivery procedures. If the above is followed, proper consideration can be given to proposals. See #2 & 3 above regarding express delivery services.

H. DISPOSAL OF UNSUCCESSFUL PROPOSALS

After award of a contract, one (1) copy of each unsuccessful proposal (business and technical) will be retained in the official contract files. All other copies of the proposals may be destroyed.

L.7 DOCUMENTATION OF SECURITY REQUIRMENTS

In order to be awarded a contract, offerors must certify that it currently has an ACTIVE TS FACILITY CLEARANCE WITH THE DEPARTMENT OF DEFENSE. In addition, it is anticipated that some contractor proposed to perform under the resultant award will be required to have a CURRENT TS CLEARANCE WITH SCI. Due to the need for contractor support immediately after award, pending clearances waiting approval are NOT acceptable.

HSFE90‐12‐R‐0035 Section M‐ Amended

M‐1

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation.

See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.

NUMBER TITLE DATE

52.217-5 EVALUATION OF OPTIONS JUL 1990

M.2 EVALUATION -- GENERAL

Proposals will be evaluated in accordance with the applicable FAR regulations. Evaluation is performed to determine the offeror's understanding of the work to be performed, potential for completing the work as specified in the solicitation, price/cost completion, reasonableness, and ranking with competing offerors.

Pages submitted in excess of the limitations specified in L.6 will not be evaluated by the Government.

The proposals will be evaluated against the technical criteria set forth in M.5. Deviations/exceptions taken to this solicitation will not necessarily cause a proposal to be considered unacceptable. However, a large number of deviations/exceptions, or one (1) or more significant deviations/exceptions may result in the rejection of the proposal as unacceptable.

Award may be made without discussion of proposals received. Offerors are, therefore, requested to initially submit proposals to the government on the most favorable terms from both a technical and cost/price standpoint. The Government reserves the right to make no award as a result of this solicitation.

The past performance and company experience of the offeror will be considered in evaluation and selection. Omissions and/or inaccurate or inadequate response could have a negative effect on the overall evaluation. An in-depth review is made to determine the relative merits of the offeror's proposal and of the company itself. Past performance and company experience will be evaluated from both a technical and business viewpoint.

By past performance, the Government means an offeror's record of conforming to specifications and to standards of good workmanship; the offeror's adherence to contract schedules, including the administrative aspects of performance; the offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's business-like concern for the interest of the customer.

In investigating an offeror's past performance, the Government will consider information in the offeror's proposal and information obtained from other sources, including past and present customers and their employees; other government agencies, including state and local agencies; consumer protection organizations and better business bureaus; former subcontractors; and others who may have pertinent information. Past and present customers may be randomly selected out of each offeror's proposal. The point of contact for each of these customers may then be contacted by the technical evaluation panel and asked a standard set of predetermined questions regarding the offeror's performance. A copy of the Past Performance Questionnaire is included as Attachment to the solicitation.

Evaluation of past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services at fair and reasonable prices.

The Government reserves the right to look into all or a portion of the offeror’s references, and collect data through the past performance questionnaire or telephone (call) listed references, or from other sources.

The Government also reserves the right to consider an offeror’s past performance as a subcontractor.

Company experience is considered to be the accomplishment of work which is comparable in nature, size and complexity to the immediate requirement. All information submitted shall be directly relatable experience of the "Proposing Entity" which has been designated as that organizational element responsible for executing the proposal and for performing under the proposed award. The person signing the proposal must have the authority to commit the offeror to all the provisions of the proposal.

The Government is not restricted from evaluating and considering other relevant Past Performance information in its possession, such as that in automated past performance reporting systems, and may contact references for any information that comes into its possession.

Evaluation will be directed at the organizational unit designated as the proposing entity. In those instances where the proposing entity does not have directly relatable experience, such as a newly formed Joint Venture or the establishment of a new organizational unit within an existing company, the offeror may provide data indicating the experiences of the organization elements being grouped together to comprise the new organizational unit. This information shall be clearly and carefully described as "General Company Information" of the proposing entity.

M.3 EVALUATION AND AWARD

The Government may award the contract(s) based on the initial offers received, without discussion of such offers. Accordingly, each offeror shall submit its initial proposal using the most favorable terms to the Government from a technical and cost/price standpoint. However, the Government reserves the right to conduct discussions.

It is the Government's intention to award a contract(s) to the offeror(s) whose proposal is determined to represent the Best Value to the Government. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. If technical proposal evaluation ratings are close between the offerors, cost/price may become more important in the selection process. Techncial proposals will be evaluated against the technical criteria identified in Section M.5, which are listed in descending order of importance.

M.4 COST/PRICE EVALUATION CRITERIA

Adequate price competition is expected for this acquisition. A price analysis will be performed on the total evaluated burdened labor rates proposed price for all three (3) years. The hourly rates for the professional positions will also be reviewed to determine if they are appropriate for the work being performed and to ensure that the contractor can retain and/or employ the positions at the proposed rates.

No point score will be applied. Cost/price will also be used as an aid in determining an offeror's understanding of the requirements of the solicitation. The Government reserves the right to award to other than the low priced offeror(s).

M.5 TECHNICAL EVALUATION FACTORS/CRITERIA

All information provided in the offeror's proposal shall be evaluated in accordance with the following criteria listed in descending order of importance:

Factor 1 – Technical Approach and Technical Experience –

Technical Approach- The Government will evaluate the offeror’s understanding of the SOW and the requirements which presents an efficient and realistic approach to meet the proposed requirement.

The Government will evaluate the offeror’s technical approach on how each aspect of the SOW is to be accomplished. The Government will evaluate the offeror’s in depth technical understanding and ability to meet the SOW requirements. The Government will evaluate offeror’s understanding of how the project is to be organized and the technical capability of the offeror to meet it. The Government will evaluate the offeror’s approach to determine if it reflects a clear understanding of the nature of the work to be undertaken. The Government will evaluate the offerors ability to interpret the tasks within the SOW and perform the functions. The offeror's Technical Approach shall be evaluated to determine its adequacy, completeness, comprehensiveness and its probability for the successful completion of all contract tasks and requirements in an efficient and effective manner. The Technical Approach will be evaluated for its ability to interpret the tasks within the SOW and perform those functions.

Technical Experience-The government will evaluate the offeror’s technical experience to perform the tasks listed in the SOW and has technical experience in the field of disaster response, especially in the area Chemical, Biological, Radiological, and Nuclear Explosion Response. The government will evaluate how the offeror’s previous experiences by both the company and company employees will benefit this requirement. The Government will evaluate the breadth of each offeror's company experience in performing and managing projects that are similar in nature, size, and complexity to the immediate requirement. The government will evaluate the Offerors reference previous projects and past contracts. The Government will evaluate the offeror’s identified and discuss problems, issues, short turnarounds that occurred and the remedies taken.

Factor 2-Key Personnel/Staffing Plan

Key Personnel Experience/Qualifications:

Proposals will be evaluated on the identification, resumes and position descriptions of proposed key personnel, including Program Manager and other key personnel proposed by the offeror, which may include consultants and other professionals. Proposals will be evaluated for the rationale for positions and individuals designated as key (i.e., why the offeror determined the position(s) to be key). The proposed key personnel will be evaluated for their understanding of the program scope and objectives as well as relevant experience. Proposals will be evaluated for their understanding of the importance of assigning experienced, key personnel in the completion of the contract. Resumes for proposed key personnel will be evaluated for information on education, background, recent/relevant experience, and unique qualifications applicable to the performance of this requirement. Letters of commitment key personnel that are not currently employees of the offeror or its proposed subcontractors will be evaluated.

The staffing plan will be evaluated on its description of how the offeror will recruit, train, retain and otherwise maintain a qualified work force for this requirement as well as the proposed plan to supervise and coordinate its staff. The plan will be evaluated on the number, skill mix, levels of expertise and qualification for the proposed positions. The duties and responsibilities for each position proposed will be evaluated. The proposal will be evaluated on how it will utilize and ascertain consultants, subcontractors, etc. to perform the task areas of the SOW. The description of the proposed labor mix will be evaluated on how it demonstrates that the proposed staff will have the necessary skills and expertise necessary for successful contract performance. Proposals will be evaluated for a prior record of recruiting and retention success for similar contracts.

Proposals will be evaluated for having the functional responsibilities, education and experience to perform the tasks, and the ability to obtain consultants, subcontractors and SMES when identified, and demonstrate its record of recruiting and retaining staff for similar contracts.

Factor 3- Past Performance

The Past Performance narratives provided by the offerors will be reviewed to determine the relevance of Past Performance for prior projects. References provided by the offerors for relevant Past Performance will be contacted to obtain information on the quality of the offeror’s performance on projects similar in size, type, content, scope and complexity to this requirement. The Government will make 2 attempts at contacting references.

In addition to contacting the references supplied by the offeror, the government may obtain past performance information from other sources, such as other government personnel or agencies, Past Performance databases, and other sources.

The Government will evaluate the offeror's past performance in providing services that are comparable in contract size, type, content , scope and complexity to this requirement. The Government will consider the offeror's representation of the quality of work performed, viability of work completed, ability to meet or adhere to the established time schedule, ability to accomplish work within budget, effectiveness of management, cooperation and responsiveness to previous clients, and the overall quality of work and concern for customer satisfaction.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance. In this case, the offeror will be assigned a neutral rating for past performance.

Factor 4-Management Approach

The Government will evaluate the management approach for the following: 1) ramp up strategy to assume full performance of the contract in a timely, efficient and cost effective manner; 2) its capacity to provide all of the technical components of the work and demonstrate corporate commitment to achieve the overall program objectives; and 3) in depth management understanding and ability to accomplish administration requirements after task order award.

The Government will utilize the following Technical Ratings for the Technical Evaluation portion (Factor 1, 2, and 4) of the submission.

Technical Merit (evaluation factors) shall be rated as follows:

a. OUTSTANDING –The offeror provides an exceptionally thorough and comprehensive understanding of the requirements for the technical evaluation factor. The offeror has clearly demonstrated that it will provide services/deliverables of exceptional quality in a timely and efficient manner. Major strengths are identified, exceptional features or innovations that should substantially benefit the program/requirement. No weaknesses, significant weaknesses or deficiencies identified. The risk of unsuccessful performance is extremely low.

b. GOOD - The offeror provides a thorough understanding of the requirements for the technical evaluation factor. Major and/or minor strengths are identified which indicate benefits to the program/requirement. Weaknesses, if any, are minor and are more than offset by strengths.

Uncorrected weaknesses will not significantly impact the offeror’s ability to provide the services/products required. The risk of unsuccessful performance is very low.

c. SATISFACTORY – The offeror indicates an adequate understanding of the requirements for the technical evaluation factor. There are few, if any, exceptional aspects to benefit the program/requirement. Weaknesses are generally offset by strengths. The risk of unsuccessful performance is low.

d. UNSATISFACTORY – The offeror indicates a lack of understanding of the requirements for the technical evaluation factor. Numerous significant weakneses or deficiencies are identified. The risk of unsuccessful performance is high. A major rewrite for the factor is required to correct significant weaknesses or deficiencies.

Past performance factor shall be rated as follows:

a. OUTSTANDING. Based on an offeror’s past performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

b. SATISFACTORY. Based on an offeror’s past performance record, some doubt exists that the offeror will successfully perform the required effort.

c. UNSATISFACTORY. Based on an offeror’s past performance record, extreme doubt exists that the offeror will successfully perform the required effort.

d. NEUTRAL. No relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the offeror or key panel members/subcontractors or their key personnel. This is neither a negative or positive assessment.

M.6 TOP SECRET CLEARANCE DOCUMENTATION

Offerors will be determined acceptable/non acceptable regarding whether it currently has a Top Secret Facility Clearance. Offerors shall provide a copy of the Industrial Security Facilities Database (ISFD) facility verification for their own company, and any proposed subcontractors or consultants that possess clearances. Offerors shall provide both company/facility security clearances and individual security clearances required to support the programs and tasks identified in the SOW at time the proposal is submitted and to maintain clearances after award.

M.7 AWARD

Until a formal notice of award is issued, no communication by the Government, either written or oral, shall be interpreted as a promise that an award will be made. No cost chargeable to the prospective contract can be incurred before receipt of a fully executed contract or other specific written authorization from the Contracting Officer.