Section L_LCS08R0001.DOC

Federal Law Enforcement Training Center Charleston SC

HSFLCS08R0001

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

TABLE OF CONTENTS

No.

Title

Page No.

L.1 Solicitation Provisions Incorporated By Reference……………….

L-1 L.2 Authorized Deviations In Provisions……………………………………… L-1 L.3 Requirements for Cost or Pricing Data or Information OtheR

Than Cost or Pricing Data……………………………………………………..

L-1 L.4 Service Of Protest………………………………………………………………… L-2 L.5 Identification of Uncompensated Overtime…………………………….

L-3 L.6

PRE-PROPOSAL CONFERENCE……………………………………………………….

L-3 L.7

INSTRUCTIONS TO OFFERORS……………………………………………………….

L-4 L.8

ORAL PRESENTATIONS………………………………………………………………..

L-9 L.9

UNSUCCESSFUL OFFERORS…………………………………………………………..

L-10

TECHNICAL EXHIBITS

L-1

DHS Letter dated 10 August 2007; E-Verify Program

L.1 52.252-01 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): www.arnet.gov/far

L.2 52.252-05 Authorized Deviations In Provisions (Apr 1984)

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

(b) The use in this solicitation of any HSAR (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

L.3 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) - Alt III (Oct 1997)

(a) Exceptions from cost or pricing data.

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

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

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

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

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

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

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

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

(c) Submit the cost portion of the proposal via the following electronic media: N/A – submit hard copies of data.

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

L.4 52.233-02 Service Of Protest (SEP 2006)

(a) Protests, as defined in Section 31.101 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:

US Department of Homeland Security

FLETC/PRO Field Division

Attn: Ms Lori Prater

2000 Bainbridge Ave., Bldg #01

Charleston, SC 29405

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

(End of provision)

L.5 52.237-10 Identification of Uncompensated Overtime (Oct 1997)

(a) Definitions. As used in this provision--

"Uncompensated overtime" means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours.

"Uncompensated overtime rate" is the rate that results from multiplying the hourly rate for a 40-hour work week by 40, and then dividing by the proposed hours per week. For example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an uncompensated overtime rate of $17.78 per hour ($20.00 x 40 divided by 45=$17.78).

(b) For any proposed hours against which an uncompensated overtime rate is applied, the offeror shall identify in its proposal the hours in excess of an average of 40 hours per week, by labor category at the same level of detail as compensated hours, and the uncompensated overtime rate per hour, whether at the prime or subcontract level. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged direct.

(c) The offeror's accounting practices used to estimate uncompensated overtime must be consistent with its cost accounting practices used to accumulate and report uncompensated overtime hours.

(d) Proposals that include unrealistically low labor rates, or that do not otherwise demonstrate cost realism, will be considered in a risk assessment and will be evaluated for award in accordance with that assessment.

(e) The offeror shall include a copy of its policy addressing uncompensated overtime with its proposal.

L.6

PRE-PROPOSAL CONFERENCE

(a) A pre-proposal conference will be tentatively held:

Location:

Federal Law Enforcement Training Center Charleston

2000 Bainbridge Ave., Building #61 Auditorium

Charleston, SC 29405

Time:

9:00 A.M., Eastern Time

Date:

09 JULY 2008

(b) The purpose of this conference is to provide a briefing on the statements of work, the performance requirements/specifications, and to conduct a guided tour of the complex. Offerors are expected to satisfy themselves as to the general and local conditions that may affect the cost of performance to the extent that such information is reasonably obtainable. Prospective offerors should make every effort to avail themselves of the opportunity to examine the site conditions. In no event shall failure to inspect the site conditions grounds for a claim after contract award.

(c) Due to space limitations, firms should limit the number of representatives to five (5). It is highly recommended that subcontractors be present.

(d) All questions regarding this solicitation shall be submitted in writing no later than 12:00 P.M. (noon), Eastern Time, 03 JULY 2008. These questions and those raised during the conference/site visit will be answered by an Amendment to the solicitation. A summary of the conference will also be provided as an Amendment to the solicitation.

(e) Offerors are requested to provide the Contracting Officer with the names of all proposed attendees by letter or email. Notifications shall be made no later than 12:00 P.M. (noon), Eastern Time, 07 JULY 2008. Point of contact for receipt of attendees list is Ms. Lori Prater, Contracting Officer, email: lori.prater@dhs.gov.

L.7

INSTRUCTIONS TO OFFERORS ON PROPOSAL SUBMISSIONS

(a) Submission of Offer.

(1) Submit Six (6) copies of signed and dated offer at or before the exact time specified below.

(2) The Government will NOT accept facsimile submissions of offers for this solicitation. Proposals must be submitted in an original and five (5) copies of each proposal category. The outer wrapping shall be addressed as follows:

Department of Homeland Security

Federal Law Enforcement Training Center

Attention: Ms. Lori Prater, Contracting Officer

2000 Bainbridge Ave., Bldg #01

Charleston, SC 29405

Solicitation #HSFLCS-08-R-0001

Closing Date: 3:00 P.M., Eastern Time, 05 AUGUST 2008

NOTE: Failure to so mark the outer cover could cause your offer to be misdirected and received too late at the required destination shown above.

(3) Proposals will be accepted until the time and date specified above. Proposals received after this time/date will be processed in accordance with FAR 15.208. Offerors may use certified or registered mail procedures.

(4) The Technical Proposal shall not include any company identifying marks, emblems, logos, etc on any page or section, including the binder, if any.

(5) The Government, at its discretion, may incorporate all or portions of an offeror's technical proposal into the resultant contract. All technical proposal data shall be unclassified.

(6) Each volume of the proposal shall contain a master table of contents for the entire proposal. This master table of contents shall identify major subparagraphs by volume, paragraph number and title as well as page number.

(7) If the offeror submits proposal revisions during or after discussions, any changed pages that are submitted shall have the changed information clearly marked by a vertical line in the right margin of the page. The date and the revision number shall be reflected on each changed page on the lower right hand corner.

(b) Proposals shall be divided into three (3) categories: (1) Technical Proposal; (2) Past Performance Information; and (3) Price Proposal.

(1) Technical Proposal.

a. The Technical Proposal shall be submitted in a sealed container separate from the past performance information and price proposal. The Technical Proposal shall, at a minimum, be prepared in a format consistent with the evaluation criteria for contract award as specified in Section M of this solicitation. The technical 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 requirements. To facilitate the evaluation, the technical proposal should be sufficiently detailed and complete to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements. Extraneous information in the technical proposal may be construed as indicative of the offeror’s uncertainties of the subject or a casual approach to the solicitation. Statements that the prospective offeror understands and can or will comply with all specifications, statements paraphrasing the statement of work or parts thereof, and phrases such as “standard procedures will be employed” or “well known techniques will be used”, etc. will be considered insufficient.

b. This volume shall cover the offeror’s approach for achieving all of the objectives of the Performance Requirements Summary outlined in Section E, in sufficient detail for each factor to be evaluated. It shall contain sufficient detail to enable the Government to evaluate the offeror's technical competence and ability to comply with the Performance Work Statement performance standards, as well as demonstrate that the contractor understands and can complete the requirements of all of the Performance Work Statements (Sections C-5.A through C-5.K). The proposal shall provide a convincing rationale to address how the offeror intends to meet the Performance Work Statement objectives. This volume should be prepared in such a manner that it is keyed to the appropriate functional areas cited in Section C.5. The Technical Proposal shall be a stand alone document containing all information necessary for the Government to perform a complete and thorough evaluation. In evaluating the technical proposal, the Government will only consider information contained in this volume.

c. Specific Requirements. The Technical Proposal shall include, but not be limited to, narrative discussions and descriptions, organizational charts, and other illustrations to provide a detailed description of the methods of performing the work. Requirements specified in Sections C.4 and C.5 shall be addressed in the Management Plan. This volume shall not exceed 200 pages (single sided). The proposal shall be physically structured or arranged so that the following areas (including the Table of Contents) are specifically identified and addressed by the section numbers indicated below:

Table of Contents

Section 1.0 Brief Introduction

Section 2.0 Management Plan

Section 2.1 Quality Control Plan

Section 3.0 Personnel Resources and Staffing

Section 3.1 Personnel Resumes (signed and dated)

Section 3.2 Corporate Experience

Section 4.0 Environmental Management & Safety Plan

Section 4.1 Hazardous Material Compliance Plan

Section 4.2 Environmental Preferability Submission

Section 5.0 Property Control Plan

Section 6.0 Risk

1. Management Plan and Method of Operation (Section 2.0). A Management Plan shall be furnished in the format indicated above. A final Management Plan shall be submitted by the successful offeror, within thirty (30) days after award. The final Management Plan shall include all other plans and programs that are not required in the initial proposal submission. The Management Plan should be innovative and shall describe how the work and services to be performed under the anticipated contract would be managed at the FLETC Complex. The following areas should be addressed in the order shown below:

· The processes and controls the offeror proposes for managing the contract.

· Monitoring techniques for schedule control and the identification and resolution techniques of problem areas in a timely fashion.

· The schedules which will be used for a logical, timely pursuit of the workload identified as requirements, and the number of personnel dedicated full-time to ensure the management.

· Specify the integration of corporate resources and proposed subcontractors, for the oversight and performance of the work.

· The management skills to be used to successfully identify, obtain, and manage subcontractors for selected areas of this contract.

2. Quality Control Plan (Section 2.1). The offeror shall furnish a description or sample of the proposed Quality Control Plan (see Section E.3). The Quality Control Plan should address the following areas in the order shown below:

· The inspection program for all services under this contract.

· The methods and techniques for detection and correction of any deficiencies.

· The offeror’s ability to respond to and satisfy complaints.

· The offeror’s internal quality assurance proposed for use at the FLETC Complex.

· The number and frequency of unscheduled inspections and the number of personnel dedicated full time to ensuring compliance with the requirements in the Performance Work Statement.

3. Personnel Resources/Staffing (Sections 3.0 & 3.1). The offeror shall present a staffing plan which shall include the availability of personnel resources with work experience directly related to the task descriptions in the Performance Work Statement. This will include personnel of the subcontractors, as well as the prime contractor. This section of the technical proposal shall address the following areas in the order shown below:

· The past experience of key personnel that can be applied directly to the technical area listed in the Performance Work Statement. This includes education, skills, training, years of experience, relevance of experience, and work performed on similar projects.

· The offeror shall present current signed resumes in the format set forth in Section J. Section M outlines which positions require resumes with the proposal. An offeror which proposes key personnel who are not currently employed by the offeror shall include a letter of intent from those individuals. The availability status of each individual must be stated as “current hire” or “available to begin work immediately” or “committed to future hire for this contract”.

· The offeror must describe the project team organizational structure based on the requirements identified in the Performance Work Statement. The proposal will indicate a clear line of authority and responsibility for the project team and precisely where the project team reports to in the corporate organization.

· The offeror shall describe their participation in the E-Verify Program as discussed in DHS letter of 10 August 2007 (See Section J, Exhibit L-1).

· Identify what percentage of work, and in which functional areas, will be performed by a subcontractor versus the prime contractor.

· The offeror shall present an innovative Employee Incentive Plan to reward employees for longevity of service and/or outstanding work ethics.

4. Corporate Experience (Section 3.2). The offeror shall include a listing of other contracts of similar size and scope that have been performed by the corporate firm and relate directly to the solicitation.

· Describe any past corporate experience that can be applied to the technical areas listed in the performance work statement.

· Identify all corporate management personnel committed to assist in the Phase-In period.

5. Environmental Management & Safety Plan (Sections 4.0-4.2). The Environmental Management & Safety Plan should be an innovative and detailed description of how the contractor intends to comply with all requirements governing the Environmental Program at the FLETC Complex (See Section H.30). The following areas should be addressed in the order shown below:

· The processes and controls to support: (1) maintenance of the heating, ventilation, and air conditioning (HVAC) systems; (2) lead & non-lead ammunition handling; and (3) general maintenance and janitorial services (FLETC-wide).

· The offeror shall present their process for all required training with regards to environmental and safety.

· Provide a detailed description of how offeror intends to comply with requirements for handling, storage, disposing, and recycling of waste (both hazardous and non-hazardous).

· Provide a detailed description of how offeror intends to comply with requirements for the Affirmative Procurement Program for purchasing environmentally-preferable products.

· Provide a detailed description of how offeror intends to comply with requirements for the Material Safety Data Sheet (MSDS) on products offered in accordance with Section H.30.

· Provide a Waste Minimization and Recycling Strategy in accordance with Section H.30.

· Provide a written Hazardous Material Compliance Plan that describes how the standards will be implemented in accordance with Section H.30.

6. Property Control Plan (Section 5.0). The property control plan shall describe in detail how the Offeror intends to manage all GFP and GFE in their possession and in accordance with Government Furnished Property clauses. The plan shall include, but is not limited to, the following:

· Address overall GFP and GFE management/administration.

· Describe all equipment by name, function, capacity (if applicable), and whether it is owned (give age, if owned), leased, rented, or other and the estimated quantity range of each type of equipment.

· Address specific security techniques/procedures for the accounting, utilization, protection, storage, and disposal of GFP and GFE.

· Address Property Custodian duties/responsibilities.

7. Risk (Section 6.0). Identify any risks associated with the Offeror’s approach and any actions that will be taken to mitigate that risk.

(2) Past Performance Information.

a. The Past Performance information shall be submitted in a sealed container separate from the technical and price proposal. The Contractor is requested to provide information on at least three (3) contracts performed during the past five (5) years. This information must be submitted for both the offeror and the offeror’s proposed significant subcontractors. NOTE: Significant subcontractor is defined, for these purposes, in terms of estimated dollar amount of the subcontract ($100,000.00 or more) and/or in terms of criticality of the subcontracted work to the whole contract.

b. The Past Performance information provided will be evaluated using the following criteria. This criteria is further outlined in Section M.7.

· Quality of Service

· Timeliness of Performance

· Cost Control

· Business Practices and Customer Satisfaction

· Key Personnel

c. Using the exact format shown below, provide a separate Past Performance Information Sheet (PPIS) for each contract that is similar in size and complexity to the work under this solicitation. The PPIS shall include information for contracts and subcontracts completed during the past five (5) years, as well as, contracts and subcontracts currently in progress. Offerors that are newly formed entities, without prior contracts, may demonstrate past performance history by providing a list of contracts and subcontracts which employed your key personnel.

Past Performance Information Sheet (PPIS) Format

1. Name and Address of Contracting Activity

2. Contract Number

3. Contract Type

4. Contract Total Dollar Value (Indicate Base and Option Years separately)

5. Outline Description of Work (Functional Areas covered)

6. Name of Contracting Officer and Telephone number

7. Name of Program Manager and Telephone number

8. Percentage of work that you performed as the Prime Contractor

9. Percentage of work performed as the subcontractor, if not the Prime Contractor

10. List of Major subcontractors, if your were the Prime Contractor

11. Problems encountered and corrective actions taken to resolve those problems

12. Cure Notices

13. Terminations for Default, if applicable

14. Quality awards

NOTE 1: The offeror must provide the information requested in #12 above for any and all contracts if it has had a termination in whole or in part, for default during the past three (3) years, to include those currently in the process of such termination, as well as those which are similar to the proposed effort. Also indicate any terminations, which had conversions to Termination for Convenience.

NOTE 2: The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the services required under this solicitation. Such awards or certifications include, for example, the Malcolm Baldridge Quality Award, other government quality awards, and private sector awards or certifications. Describe when the award or certification was bestowed. If the award or certification is over three (3) years old, present evidence that the qualifications still apply.

d. Offerors should not provide general information about their performance on any of the identified contracts submitted. General performance information will be obtained from the references provided on the sheet. References other than those identified by the offeror may be contacted by the Government with the information received in the offerors’ PPIS.

e. Offerors are reminded that both independent data and data provided by offerors in their proposals may be used to evaluate offeror past performance. The burden of providing thorough and complete past performance information remains with the offerors. Proposals that do not contain all the information requested in the PPIS risk rejection or high risk rating by the Government.

f. The Government will perform an independent determination of relevancy of the data provided or obtained. A relevancy determination of the offeror's present/past performance (which includes, if applicable, the extent of its critical subcontractors’ or teaming partners’ involvement) will be made. The Government is not bound by the offeror's opinion of relevancy.

(3) Price Proposal.

a. The Price Proposal shall be submitted in a sealed container separate from the past performance information and technical proposal. The offeror shall submit an Original and five (5) copies of their price proposal to the address listed above, clearly marked with the Solicitation Number and Contracting Officer’s name. Offerors are encouraged to submit cost or financial information, which may be helpful in the understanding and evaluation of their price proposal. The price proposal shall include the contract forms from Section A, Section B, certifications from Section K (as required by FAR 52.204-08), and any other contractor fill-in information, which is a material part of this solicitation.

b. Offerors shall price the option requirements assuming that the minimum hourly wages and fringe benefits established by the US DOL Service Contract Act (SCA) Wage Determination in Section J, will apply to the additional option periods.

c. The price proposal shall support, in detail, all information related to all CLINs proposed in Section B of the solicitation. Individual cost elements shall be fully explained as to how the amounts were computed, both mathematically and in narrative. Supporting breakdown must be furnished for each element of price (to include overhead and G&A pools, payroll-related costs, etc.), consistent with the offeror’s cost accounting system. Each element of price shall be fully explained as to how the amounts were computed.

d. Direct Labor. A breakdown of labor hours, rates, and costs by appropriate category and basis for estimates shall be provided. Labor skills or categories of skills shall be annotated as to whether each is considered by the offeror to be a class of service employee under the SCA or not. For any class of service employee which is not listed in the wage determination incorporated herein, the contractor shall classify them, so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such positions shall be costed in accordance with the justification serving as the basis for the costed hourly rates.

e. Fixed Price Supplies. The offeror shall provide a complete breakdown of estimated supplies and individual costs required to perform the services outlined in each functional area of the Firm Fixed Price Schedule. Costs and methods of computation for shipping, handling, etc. shall be fully explained, if applicable.

f. Other Costs. If other costs are included in the price of services and/or supplies, which have not been outlined in Section L, the costs shall be outlined and fully explained, presenting the offeror’s rationale for the inclusion of the cost and the method of computation.

g. The offeror shall also provide an audited financial statement for the past three (3) years, certified by a Public Accounting firm.

h. Offerors are required to complete the Disclosure of Lobbying Activities (Standard Form LLL), if applicable. The information requested by the form is authorized by Title 31 USC Section 1352. This disclosure is a material representation of fact upon which reliance was placed by the tier above, when this transaction was made or entered into. This information will be reported to the Congress semi-annually, and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. This disclosure form shall be included as part of the price proposal documentation.

i. If awarded the contract, the contractor shall provide a detailed submittal of start-up expenses. The successful contractor shall also provide monthly cash-flow projections for the first two (2) years of the contract.

(c) Signature of Proposal. The person signing the proposal must have the authority to commit the offeror to all of the provisions of the offer, fully recognizing that the Government has the right, by the terms of this solicitation, to make an award without further discussions, if it so elects.

L.8

ORAL PRESENTATIONS

(a) Offerors found to be in the competitive range may be requested to give oral presentations. The oral presentations shall be presented by key personnel who will be working on the contract.

(b) Presentations will be held in the Conference Room, 2nd Floor of Building #01. Total presentation time shall be no longer than two (2) hours. Written material should be limited to corporate experience, personnel resources & staffing, management plan, quality control plan, environmental management & safety plan, property control plan, and risk. The presentation shall not encompass price or cost/fee. The presentations may be video-taped.

(c) Equipment available for contractor use is as follows: Overhead Projectors, TV/VCR, Computer for Power-point presentations, and LCD Projector. Charts used shall contain brief information such as major ideas in bullet form. Hard copies of presentation materials shall be made available to the Government.

(d) The order in which offerors will make their presentations will be determined by a drawing of lots by the Contracting Officer. Once notified of their scheduled presentation date and time, offerors shall complete their presentations on the scheduled date and time. Requests to reschedule will not be entertained.

(e) The oral presentations may or may not constitute discussions as defined in FAR 15.3. The Government may request clarification, if something in the presentation is not clear. The Government reserves the right to award without discussion as stated in Section M.

(f) The following Government personnel may be in attendance during oral presentations: Deputy Assistant Director, Administrative Division Chief, Training Division Chief, Physical Security Specialist, Training Management Division Chief, Facilities Program Manager, Environmental/Safety Manager, Training Program Specialist, Driver Training Branch Chief, Firearms Training Branch Chief, Maritime Training Branch Chief, Physical Techniques Branch Chief, COTRs, Contracting Officer, Legal Advisor, and anyone else the Contracting Officer determines appropriate.

L.9

UNSUCCESSFUL OFFERORS

(a) Upon determination of the competitive range, the Contracting Officer will notify all offerors who are outside the competitive range. If the Contracting Officer elects to hold discussions, the Government shall enter into negotiations with those offerors determined to be within the competitive range. Final negotiations include the process of bringing into contractually binding form the most favorable terms and conditions possible for the Government, including management arrangements, technical approaches, subcontracting plans, and contract pricing.

(b) Following award of the contract or from the date determined to be outside the competitive range, the unsuccessful offerors shall be promptly notified. A formal de-briefing shall be provided to any unsuccessful offeror who submits a written request within ten (10) days from notification of contract award, or within three (3) days from notification that they were determined to be outside the competitive range.

(c) The original proposal documents from each offeror shall be retained by the Government. Unless the offeror requests otherwise, the Government will destroy extra copies of all unsuccessful proposals.

END OF SECTION L

L-8