Section_L_Instructions _Conditions_ _Notices_to_Bidders.pdf

Federal Law Enforcement Training Centers Charleston SC

HSFLCS-16-R-00001

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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 TYPE OF CONTRACT………………………………………………………………….. L-1

L.4 SERVICE OF PROTEST………………………………………………………………… L-2

L.5 IDENTIFICATION OF UNCOMPENSATED OVERTIME……………………………. L-2

L.6 PRE-PROPOSAL CONFERENCE………………………………………………………. L-3

L.7 INSTRUCTIONS TO OFFERORS………………………………………………………. L-3

L.8 PRE-AWARD SURVEY…………………………………………………………………. L-8

L.1 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): www.acquisition.gov/far.

Clause Title Date 52.204-7 System for Award Management JUL 2013 52.215-1 Instructions to Offerors – Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.237-1 Site Visit APR 1984

L.2 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any 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 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (which includes IDIQ contract provisions) contract resulting from this solicitation.

http://www.acquisition.gov/far

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L.4 52.233-2 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:

Federal Law Enforcement Training Centers Attn: Grace D. Brown 2000 Bainbridge Ave., Bldg #1 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 (MAR 2015)

(a) Definitions. As used in this provision-

Adjusted hourly rate (including uncompensated overtime) 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 which includes uncompensated overtime hours over and above the standard 40-hour work 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).

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.

(b)(1) Whenever there is uncompensated overtime, the adjusted hourly rate (including uncompensated overtime), rather than the hourly rate, shall be applied to all proposed hours, whether regular or overtime hours.

(2) All proposed labor hours subject to the adjusted hourly rate (including uncompensated overtime) shall be identified as either regular or overtime hours, by labor categories, and described at the same level of detail. This is applicable to all proposals whether the labor hours are 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.

(End of provision) http://www.arnet.gov/far/current/html/Subpart%2031_1.html#wp1089550

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L.6 PRE-PROPOSAL CONFERENCE

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

Location: Federal Law Enforcement Training Centers Charleston 2000 Bainbridge Ave., Building 654 Conference Center Charleston, SC 29405

Time: 8:00 A.M., Eastern Time Dates: April 7, 2016

(b) The purpose of this conference is to provide an overview of the scope of work 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) Transportation will be provided on the site visit. Due to space limitations, firms should limit the number of representatives to two (2); two representatives from a proposed subcontractor/teaming partner would be permissible, as well. It is highly recommended that subcontractors be present.

(d) All questions regarding this solicitation shall be submitted in writing 7 business days after the pre-proposal conference. No questions will be accepted after this deadline. 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 email or fax. Notifications shall be made no later than April 4, 2016. Point of contact for receipt of attendees list is Grace Brown, Contracting Officer, email: grace.brown@fletc.dhs.gov or fax: 843-566-7721. Note: No cameras, video cameras, or recording devices are permitted.

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 Centers Attention: Grace Brown, Contracting Officer 2000 Bainbridge Ave., Bldg #1 Charleston, SC 29405

Solicitation #HSFLCS-16-R-00001 Closing Date: 4:00 P.M., Eastern Time, 02 May 2016

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.

mailto:grace.brown@fletc.dhs.gov

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(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.

Pages must be 8-1/2 x 11 inch in size.

(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 and Method of Operation Section 3.0 Quality Control Plan

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Section 4.0 Personnel Qualifications Section 5.0 Corporate Experience

1. Management Plan and Method of Operation (Section 2.0). The offeror shall clearly demonstrate their understanding of the statement of work by furnishing a Management Plan addressing all aspects of the Performance Work Statement (PWS). The plan shall include and address, but is not limited to, the following:

• The Offeror's methodology and approach for managing and performing the requirements specified in Section C in sufficient detail for an evaluation to be made.

• The company’s understanding of the scope of work by illustrating their proposed allocation of resources.

• How the Offeror will adhere to contract schedules, responsiveness to technical direction, and procedures to maintain coordination with Government personnel to assure maximum effectiveness and minimum interference with Agency operations.

• Proposed subcontractors, vehicles, facilities, equipment, and supplies. Describe how facilities, equipment, and supplies will be maintained and how they will be replaced.

• An organizational chart reflecting staffing numbers at lowest level.

• Lines of authority, supervision, and accountability of overall management, administration, and supervision to perform this service.

• Management, control, and distribution of personnel, such as (i) the potential sources of personnel and how these employees will be provided in a timely fashion; (ii) the procedures that will ensure that personnel are available for work; and (iii) identify the number of contract personnel by labor category to include managers.

• Management of all subcontractors.

• Phase-In/Orientation and Contingency Plans, to include time schedule for all key events and responsibilities. Identify all corporate management personnel and any other personnel committed to assist in the phase-in process.

• Phase-Out Plan detailing outgoing contractor key events and responsibilities.

• Proposed training plan and procedures for both supervisory and non-supervisory personnel.

• Record keeping and reporting procedures.

2. Quality Control Plan (Section 3.0). The offeror shall provide all aspects of the required services with respect to quality assurance and understanding of the Quality Control Plan (see Section E.3). Offerors shall address inspection procedures and corrective processes. Offerors shall include and address, but is not limited to, the following:

• Key areas to be monitored.

• Inspection procedures and corrective processes.

• The relationship of management to Quality Control.

• The specific duties and responsibilities of the Quality Control representative.

• Describe the same information for key or critical subcontractor(s) that are projected to be used during the performance of this contract.

3. Personnel Qualifications (Sections 4.0). The offeror shall identify the education, experience, and qualifications of all essential and key personnel proposed for supporting the requirements of the RFP. Offeros shall address the corporate resources and their plans to provide qualified non-key personnel during the term of this contract. This will include personnel of the subcontractors, as well as the prime contractor. This section of the technical proposal shall address and include the following as a minimum:

• Qualification, experience, and education of all essential and key personnel directly related to performance of these services.

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• The offeror shall present resumes in the format set forth in Section J. Section C 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 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.

4. Corporate Experience (Section 5.0). 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 in detail 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.

(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 must demonstrate that the Offeror: (1) was capable and committed adequate resources to efficiently and effectively perform; (2) performance conformed to the contract terms and conditions; (3) performed on schedule; (4) performed with reasonable costs; (5) effectively managed the workforce and maintained good business relations.

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. Period of Performance Dates

6. Outline Description of Work (Functional Areas covered)

7. Name of Contracting Officer and Telephone number

8. Name of Program Manager and Telephone number

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

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

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

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

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13. Cure Notices

14. Terminations for Default, if applicable

15. Quality awards

NOTE 1: The offeror must provide the information requested in #13 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

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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 form (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 PRE-AWARD SURVEY

The Government reserves the right prior to making an award, to conduct a pre-award survey of the prospective contractor in order to determine that the Contractor can meet the minimum standards for responsible prospective contractors as delineated in Federal Acquisition Regulation 9.106. The pre-award survey may include, but will not necessarily be limited to the following factors:

(1) Financial Resources: Such as sufficient working capital to permit performance under the contract for a period of sixty (60) days after the effective date of the contract before reimbursement by the Government;

(2) Ability to comply with required schedules;

(3) Past record of integrity;

(4) Past record of performance; and

(1) Ability to meet other qualifications and eligibility requirements to receive an award of a contract.

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS