SECTION L-M.doc

HSSCCG-11-R-00010

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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): http://www.arnet.gov/far.

52.204-6 Data Universal Numbering System (DUNS)

APR 2008

52.215-1 Instructions to Offerors - Competitive

JAN 2004

52.215-22 Limitations on Pass-Through Charges – Identification

OCT 2009

of Subcontract Effort 52.219-24 Small Disadvantaged Business Participation Program -

OCT 2000

Targets

52.222-24 Pre-award On-Site Equal Opportunity Compliance

FEB 1999

Review

52.222-46 Evaluation of Compensation for Professional

FEB 1993

Employees 52.225-25 Prohibition on Engaging in Sanctioned Activities

SEP 2010

Related to Iran - Certification 52.232-38 Submission of Electronic Funds Transfer

MAY 1999

Information with Offer

52.237-1 Site Visit

APR 1984

L.2 FAR Provisions in Full Text

FAR 52.215-20

Requirements for Certified Cost or Pricing Data

OCT 2010

and Data Other Than Certified Cost or Pricing Data

Alternate IV

(OCT 2010)

(a) Submission of cost or pricing data is not required.

(b) Provide data described below:

Detailed pricing breakdown and narrative explanation for all price components proposed such as direct labor and fringes, other direct costs, material, indirect costs and profit. This information is requested to determine price reasonableness and may be submitted in the offeror's regular proposal format and in accordance with the instructions provided in paragraph L.7(a)(2)(e). In addition, the contractor shall include in their price proposal, information in regards to the subcontractor source selection decision to include the following: documentation showing that subcontractor source selections were made using stated evaluation criteria, sufficiently documented rationale for your decision and the results of the analysis of any subcontractor’s proposal in determining price fair and reasonableness of proposed subcontract prices.

(End of provision)

FAR 52.216-1

Type of Contract

The Government will award one or two Single-Award Indefinite Delivery Indefinite Quantity (IDIQ) contracts.

(End of provision)

FAR 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 acknowledgement of receipt from the Contracting Officer, USCIS Contracting Office, 70 Kimball Avenue, So. Burlington, VT 05403, (kristie.nestle@dhs.gov).

(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)

FAR 52.252-3

Alterations in Solicitation

Portions of this solicitation are altered as follows: None.

(End of Provision)

FAR 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 Department of Homeland Security Acquisition Regulation (HSAR) (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) L.3 Homeland Security Acquisition Regulations (HSAR) provisions in full text.

HSAR 3052.219-72 Evaluation of Prime Contractor Participation

JUN 2006

in the DHS Mentor-Protégé Program

This solicitation contains a source selection factor or subfactor regarding participation in the DHS Mentor-Protégé Program. In order to receive credit under the source selection factor or subfactor, the offeror shall provide a signed letter of mentor-protégé agreement approval from the DHS Office of Small Business and Disadvantaged Business Utilization (OSDBU) before initial evaluation of proposals. The contracting officer may, in his or her discretion, give credit for approvals that occur after initial evaluation of proposals, but before final evaluation.

(End of provision)

L.4 Prospective Offerors' Questions

(a) Questions concerning the solicitation document shall be submitted in writing by email to kristie.nestle@dhs.gov and lindsey.mongeon@dhs.gov and must be received by 5/27/11 at 3:00 PM ET to allow a reply to be posted at the Federal Business Opportunities (FBO) website at https://www.fbo.gov/ in a timely manner before proposals are due. Any questions submitted prior to the pre-proposal conference will be addressed at the conference. All Offerors are responsible for following up for any posted changes to the solicitation via amendment at the aforementioned cite.

(b) In order to receive responses to questions, Offerors shall cite the solicitation section, paragraph number, and page number. The USCIS recommends that Offerors ensure the question is written to enable a clear understanding as to the Offeror's issues or concerns within the referenced paragraph. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries or comments for this purpose and will NOT receive a response from the USCIS. Further, Offerors are reminded that the USCIS will NOT address hypothetical or theoretical questions aimed toward receiving a potential "evaluation" decision from the USCIS. Comments/questions should not include proprietary information.

L.5 Pre-Proposal Conference

(a) The Government will conduct a pre-proposal conference on 5/19/11. Offerors are limited to two attendees per company and shall pre-register with the Contracting Office by submitting the names of attendees via email to kristie.nestle@dhs.gov and lindsey.mongeon@dhs.gov by close of business 5/17/11. If registration is not received by 5/17/11, Offerors may not be permitted to attend the pre-proposal conference. Specific instructions (time, place, rules of conduct, directions, etc.) for the pre-proposal conference will be provided to the registrants. The pre-proposal conference will take place at the L. William Seidman Training Center @ FDIC, 3501 Fairfax Drive, Arlington, VA 22226 at 10:00 AM ET. Reimbursement for travel will not be provided by the Government. A site visit walk-through will not be conducted, however, ASC site information will be provided at the pre-proposal conference.

During this conference USCIS will present information about the Application Support Center program requirement and answer the previously received Offeror questions. As noted in paragraph L.4, the final date for receipt of questions is 5/27/11 at 3:00 PM ET which allows Offerors time for questions after the pre-proposal conference. No questions, other than those received prior to the pre-proposal conference, will be entertained at the conference.

L.6 Proposal Receipt

Proposals are due 6/17/11 at 2:00 PM ET. Proposals shall be submitted in a sealed container to the CO, Ms. Kristie Nestle at the address below. Submissions must show the name and address of the Offeror along with the Solicitation Number. The Offer (SF33) must be signed and all amendments must be acknowledged. No fax or emailed submissions will be allowed.

Department of Homeland Security

U.S. Citizenship & Immigration Services (USCIS)

USCIS Contracting Office, Attn: Kristie Nestle

70 Kimball Avenue

South Burlington, VT 05403

802-872-4197 x4433 (Phone)

The South Burlington, Vermont mailing address indicated above is for all U.S. mail & private delivery service mail.

It is permissible for proposals to be hand-delivered. Any Offeror wishing to personally deliver proposals may send an email to Donata Sikon-Amato or Lindsey Mongeon requesting the directions (kristie.nestle@dhs.gov or lindsey.mongeon@dhs.gov). The Contracting Office’s physical location is at 280 Williston Road, 100 Interstate Corporate Center in Williston VT. The main entrance to the building faces the Key Bank. Take the elevator to the second floor and exit the elevator to your right to find the USCIS Contracting Office.

L.7 Instructions for Submission of Proposals

(a) The Technical Proposal which includes Technical Capability (Factor 1) and the Business Proposal which includes Small Business Participation (Factor 2), Past Performance (Factor 3) and Price (Factor 4) shall be submitted in two separate packages and be clearly marked as to the contents.

The Government will award one or two single-award IDIQ contracts. In the event two contracts are awarded, such awards will be made along regional lines as follows:

Northeast/Southeast Region (“Group A”) and Western/Central Region (“Group B”). In the event one contract is awarded, the award will include Northeast, Southeast, Western and Central Regions (“Group A/B).

The offeror may propose on any or all regions: Group A, Group B and/or Group A/B. Each group will be evaluated separately. Therefore, offerors who wish to avail themselves of every evaluation opportunity must submit three (3) proposals (i.e., one for each of Group A, Group B and Group A/B). Offerors who do not submit a proposal with respect to a particular group or groups will not be evaluated or considered for award with respect to such group(s) for which they did not propose.

Lengthy, elaborate proposals are neither required nor encouraged. Page limitations are specified in the table below. The Past Performance questionnaires are excluded from the page limitation. The Questionnaires are to be completed by the Offeror’s client, sealed in an envelope and returned to the Offeror for inclusion in their proposal or the Offeror’s client may send the questionnaire via email to donata.sikon-amato@dhs.gov or lindsey.mongeon@dhs.gov. There is no page limitation for the Small Business Participation Factor or Price Proposal. Facsimile proposals or proposals submitted by email (other than past performance questionnaires sent directly from the offeror’s client) are not acceptable. Two copies of each proposal, successful or unsuccessful, will be retained by USCIS and the remainder will be destroyed by shredding.

Technical Proposal – Volume I Technical Capability Page Limitation Group A = 80 pages

Group B = 80 pages

Group A&B = 125 pages

A cover letter must identify which scenarios the offeror is proposing on. This cover page is not included in the page count.

The technical proposal shall include a compliance matrix in the offeror’s own format. The compliance matrix is not included in the page count.

If proposing on all three scenarios (Group A, Group B and Group A&B), all information can be included in the same binder, however it should be clearly identified and separated. The tabs/proposals should be included in the binder in the following order (Group A&B, Group A, Group B, if applicable).

If proposing on the total contract (Group A&B), a tab marked “Group A&B” should be included and the proposal included after it. If the offeror is also proposing on Group A and Group B separately, a tab should be marked for each and the proposal for each should be included after it. Information that is unique from one proposal to the other should be highlighted. The information provided should be very clear in regards to each scenario the Offeror submits a proposal for as each proposal stands on its own. The total page count shall not exceed 80 pages for the Group A proposal, 80 pages for the Group B proposal, and 125 pages for the Group A&B proposal.

Business Proposal – Volume II -Part 1: Small Business Participation -Part 2: Past Performance -Part 3: Price Same instructions as those identified in the Technical Proposal are applicable for the Business proposal with the exception of page limitations.

Unlimited The total page count should not exceed 20 pages for the Group A proposal, 20 pages for the Group B proposal, and 20 pages for the Group A&B proposal. (Excludes Questionnaires) Unlimited

Proposal Limitations: The contents of the volumes shall be within the required page limits specified in the table above. Page limitations shall be treated as maximums. IF PAGE LIMITATIONS ARE EXCEEDED, THOSE PAGES BEYOND THE PAGE LIMITATION WILL NOT BE EVALUATED.

· Proposals must be submitted using Microsoft Office 2003 including Word (.DOC), Excel (.XLS), and PowerPoint (PPT or PPS). Disable macros on all files. If using a higher version of Microsoft Office 2003, it should be saved in the lower 2003 version.

· Proposals must be legible, single-spaced, computer-printed copy (on one side only).

· Except for the reproduced sections of the solicitation document, the text font will be Times New Roman and text size no less than 12-point proportional. For tables, charts, graphs, figures, illustrations or flow charts, 8 pt font or higher may be used.

· Page size shall be 8.5 by 11.0 inches.

· Use at least 1-inch margins from the page edge to the main text on the top and bottom and ¾ inch side margins.

· Tables, charts, graphs, appendices, and attachments may be used wherever practical. These pages will be included as part of the page limitation. They should be used to illustrate items such as organization structures, systems and layout, implementation schedules, or plans. These displays shall be uncomplicated, legible and shall not exceed 8.5 by 11.0 inches. Cover page, table of contents, lists of exhibits, compliance matrix, work breakdown structure, contractor teaming agreements, past performance questionnaire and tabs are not included in the page count. Executive Summaries are considered part of the page count.

(1) Volume I - Technical Proposal

a. The Technical Proposal shall be submitted in an original (a hardcopy with a compact disk (CD) in Microsoft Office Professional 2003) and two duplicate hard copies with 4 duplicate CDs. No cost/price information shall be contained in the technical proposal.

b. The Technical Proposal shall be prepared so that the evaluator can easily identify where each subfactor is addressed and the information provided for each subfactor should follow the order as listed below in paragraph c. For ease of evaluation, please bold the subfactor and the letter associated with each item for discussion (i.e.

A. Offeror clearly describes the interface with USCIS at all levels, A.1. Lines of responsibility, A.2. Authority). Each scenario should be specifically identified and separated as discussed in the table in paragraph L.7(a).

c. Technical Capability (Factor 1) shall address the following:

Subfactor (1) Program Management/Management Controls

The offeror’s proposal shall clearly address and describe the following:

(A) Offeror clearly describes the interface with USCIS at all levels to include:

1. Lines of responsibility;

2. Authority;

3. Communication;

4. Span of control;

5. Interface with subcontractors; and

6. Interface within the company.

(B) Subcontracting arrangements:

1. Description of subcontracting arrangements;

2. Why portions are being subcontracted;

3. Why particular subcontractors were selected;

4. How the subcontracts will be managed; and

5. What special attributes or capabilities proposed subcontractors contribute to the overall contract performance/success and continuity.

(C) Offeror’s approach to manage workload and balance resources:

1. Approach to manage workloads and balance resources to meet the changing needs of the program;

2. Approach to meet unanticipated surges or lulls in varying locations;

and

3. Methods the Offeror proposes in the event a significant surge event occurs such as the level of pricing band 0001E.

(D) Customer Satisfaction:

1. Offeror’s approach to maintaining applicant customer satisfaction including how customer satisfaction will be ascertained and measured; and

2. How remedies will be applied to address any dissatisfaction that occurs.

(E) Facilities Management:

1. Methods the Offeror proposes for obtaining facilities and determining that facilities are obtained at a fair and reasonable price; and

2. Approach to providing facilities operations and facilities management.

(F) Transition:

1. The Offeror’s process for hiring of initial staff;

2. Plan to obtain key personnel;

3. Employment of subcontractor resources:

4. Obtaining satisfactory personnel employment suitability clearances;

5. Detailed step-by step plan to include risks and how they will be mitigated for obtaining all resources required within the ninety-day transition period; and

6. Facilities transition plan.

(G) Quality Control:

1. How the Offeror will establish and maintain a quality control operation for a project of this scale to include quality management, implementation, performance standards, performance measures, problem identification & resolution;

2. Continuous quality improvement; and

3. Plan to maintain quality standards in accordance with the Performance

Requirements Summary (PRS).

(H) Management Control:

1. How the Offeror will maintain management and communications control (including security) over a large workforce in geographically dispersed locations.

(I) Daily Operations:

1. Methods the Offeror proposes to maintain daily operations at the ASCs and in accordance with prescribed procedures according to required timetables; and

2. Methods the Offeror proposes to maintain daily operations at the Field

Offices in support of CIV.

(J) Reporting/Data:

1. How the Offeror will collect and produce reliable productivity data & reports that will produce meaningful and reliable performance reporting; and

2. How the Offeror will develop and maintain standard operating procedures (SOPs) and report compliance with SOPs.

(K) Innovation:

1. How the Offeror will implement innovative solutions during the performance period.

Subfactor (2) Staffing/Retention The offeror’s proposal shall clearly address and describe the following:

(A) Key Personnel:

1. How the key personnel proposed meet or exceed the qualification requirements outlined in the PWS. (Provide statements of qualification rather than resumes.)

(B) Staffing/Retention of Personnel plan:

1. How the Offeror intends to attract and retain a quality workforce over the life of the contract.

(C) Contractor Organization:

1. How the Offeror’s proposed organization meets the needs of the ASC program; and

2. Organizational chart showing locations, labor category, number of

FTEs, breakdown of full-time, part-time, or on-call employees per position, for the baseline and each range.

(D) Training:

1. The Offeror’s plan for implementing a training program of this magnitude in a large, geographically disperse environment;

2. Plan to deploy a training program (initial, remedial, and continuous, and short term deadline training);

3. Methods of training; and

4. Ongoing support to ensure a capable workforce to satisfy the PWS requirements.

Subfactor (3) Relevant Corporate Experience The offeror’s proposal shall address relevant corporate experience as a prime contractor (to include that of major subcontractors or teaming partners representing 25% or more of the contract value, (labor only – excludes ODCs) in the following areas:

(A) Management of multiple sites/locations in a large geographically dispersed environment;

(B) Management of multi-functional services;

(C) Management of a workforce of this magnitude;

(D) Customer Service;

(E) Immigration benefits services;

(F) Collecting & processing biometric data electronically & manually;

(G) Transitioning a contract workforce of this magnitude;

(H) Facilities management to include multiple leasing requirements;

(I) Management of significant workload volume with lulls and significant surge events; and

(J) Implementing a training program of this magnitude.

(2) Volume II - Business Proposal

a. The Business Proposal shall be submitted in an original (hardcopy with a compact disk (CD) in Microsoft Office Professional 2003) and four duplicate printed copies and one CD.

b. The Offeror shall prepare a Business Proposal that contains all information necessary to allow for a comprehensive evaluation and should be prepared in accordance with the instructions in the table in Paragraph L.7(a). The Business Proposal shall be divided into three parts. Part I – Small Business Participation, PART II – Past Performance, Part III – Price.

c. Part I – Small Business Participation (Factor 2) shall address the following:

Subfactor (1) – Maximization of Small Business Opportunities

As part of the proposal, all Offerors (other than small businesses) shall prepare and submit a proposed small business subcontracting plan, prepared in accordance with FAR 19.704. The Small Business subcontracting goals stated below are applicable to this procurement and should be utilized for developing a subcontracting plan in response to this Request for Proposal. The Small Business Subcontracting Plan shall be submitted as an attachment that is separate and detachable from the Business Volume.

Department of Homeland Security Small Business Subcontracting Goals

The proposal shall address the offeror’s proposed subcontracting to Small Businesses, HUBZone Small Businesses, Service-Disabled Veteran-Owned Small Businesses, Small Disadvantaged Businesses, and Women-Owned Small Businesses. The proposal shall address the degree of commitment to implementing these proposed opportunities, including signed subcontracting agreements or other letters of intent.

Maximizing Small Business participation is an important aspect of this acquisition. Accordingly, RFP Section H Special Contract Requirements contains a requirement for “other than small business concerns” to subcontract as a goal a minimum of 30% of the value of the contract (excludes ODCs) to Small Business concerns.

The proposal shall address how the goals will be reported and monitored and the Offeror’s plan for improvement if small business subcontracting goals are not being met.

The proposal shall address the Offerors record of previous performance in carrying out the goals of subcontracting plans by including a copy of their FY 2010 SF-294 and 295 subcontract reports. If the Offeror has had no previous contracts requiring a subcontracting plan, please include a statement to that effect in the proposal.

Subfactor (2) - Participation in the DHS Mentor-Protégé Program The proposal shall include the Office of Small and Disadvantaged Business Utilization (OSDBU) signed letter of Mentor-Protégé Program approval and the actual agreement between the Mentor and Protégé describing the relationship and areas of assistance. Offerors shall describe how the Mentor will utilize the Protégé in a meaningful way to achieve the goals of the agreement and the goals of the Mentor-Protégé program. The Offeror shall clearly describe the Mentor-Protégé relationship and how the Protégé will be used in a meaningful way in this acquisition and the degree to which that participation is meaningful and furthers the developmental assistance of the Protégé as stated in the Mentor-Protégé Agreement.

Subfactor (3) – Small Disadvantaged Business Participation Program – Targets

The proposal shall address the requirements of FAR 52.219-24 Small Disadvantaged Business Participation Program – Targets. Proposals shall address the requirements of that provision by including with its offer, targets, expressed as dollars and percentages of total contract value (excludes ODCs), for SDB participation in any of the NAICS Industry Sub-sectors as determined by the Department of Commerce (https://www.acquisition.gov/references/sdbadjustments.htm) (http://www.census.gov/epcd/naics02/SICN02IA.HTM#S73). Identify Prime Contractor and Subcontractor targets to include the specific NAICS Industry Sub-sectors, percentage of total contract value and total dollars for each SDB. Describe the extent of SDB participation, extent of commitment to use SDB concerns, complexity and variety of the work the SDBs are to perform and extent of participation of SDB concerns in terms of the value of the total acquisition. SDB targets will be incorporated into and become part of the resulting contract. SDB participation will be reported in accordance with HSAR 3052.219-70 Small Business Subcontracting Reporting and notification of substitute firms not SDBs will be reported to the Contracting Officer.

d. Part II - Past Performance Information (Factor 3): The Offeror shall provide a list of references to establish past performance. References shall be for performing as a prime contractor or first-tier subcontractor on contracts (including Federal, State, local Government and private) which are similar in size, scope, and complexity to the work required by the solicitation, or which Offerors consider relevant in demonstrating their ability to perform the proposed effort. The Offeror shall cite not less than five (5) but not more than twelve (12) projects performed, in whole or in part, within the last three (3) years (from date of issuance of the RFP). One or more of the references shall be provided for each prime teaming member or any major subcontractor that is anticipated to perform 25% percent or more of the proposed contract value (excludes ODCs). In order to facilitate the evaluation of the Offeror's past performance, the Offeror shall present the following information:

· Customer Name (Company or entity)

· Contract Title

· Contract Number/Order Number (if applicable)

· Type of Contract

· Delivery Schedule/Period of Performance and Actual Completion Date

· Original Contract Dollar Value and Current or Actual Dollar Value

· Description of the Work Performed

· Customer Point of Contact (Name, Telephone Number, Address and email address) for Business Manager and Technical Manager

· Rationale Supporting the assertion of Relevance

The Offeror shall also be responsible for ensuring that each of the customer references receives, and completes Attachment B, in Section J, Past Performance Questionnaire. The completed questionnaire may be submitted with the Offeror’s proposal in an annotated sealed envelope or the client may send via email to donata.sikon-amato@dhs.gov and lindsey.mongeon@dhs.gov by the date and time proposals are due. Questionnaires submitted after the date and time proposals are due will be late per FAR 52.215-1(c)(3)(ii)(A) and will not be considered.

e. Part III – Price (Factor 4) the Offeror shall provide the following:

Cover Letter. The cover letter shall include:

· Solicitation Number

· Name and address of Offeror

· Name and Point of Contact telephone number, fax number and email address (primary POC for this proposal)

· Name/POC for cognizant Contract Administration Office and Audit Agency, Phone number and email address if available

· Date of submission

· Chart showing Contractor Teaming Arrangements (CTAs), Joint Ventures, Subcontractors (specifically identify if any subcontractor proposed is responsible for 10% or more of the overall contract value excluding ODCs), business size, and an explanation how each teaming partner's prices are incorporated into the Offeror's overall proposed price

· Name, title, and signature of the Prime Contractor's authorized representative (signature authority)

· Offeror's Data Universal Numbering System (DUNS)

· Forward Pricing Rate Agreements (FPRA) if applicable

· Evidence that the Cognizant Audit Agency has performed an Accounting System Review and found the system to be acceptable. Name and POC of cognizant Audit Agency who performed the review.

· Information regarding status of Contractor’s Purchasing System and whether a Contractor Purchasing System Review has been performed and approved. Provide evidence of approval, if applicable.

SF33 /Acknowledgement of Amendments. Complete Blocks 13 through 18 of the SF33 as described in Section B, page B-2 (SF33). The pricing information in the SF33 should reflect the total for each year (total of all CLINs & subCLINs as shown in the Section B pricing schedule (Section J, Attachment D). An SF33 shall be provided for each scenario the Offeror submits a proposal for (Group A, Group B and/or Group A&B combined). Acknowledge all amendments to the solicitation in accordance with the instructions on the Standard Form 30.

Section B, Price Schedule.

Offerors shall complete the applicable Excel spreadsheets provided at Section J, Attachment D which contains the Section B pricing schedule. Offerors shall complete the Excel spreadsheet for each scenario they are submitting a proposal for (Group A, Group B, and/or the total of Group A&B). Offerors may submit a proposal for any or all Groups. If an Offeror is submitting a proposal for Group A, one for Group B and one for Group A&B, a total of three sets of spreadsheets shall be submitted.

Pricing of Options. Offerors shall price the options requirements for the additional one-year option periods by assuming that the minimum hourly wage and fringe benefits established by the Administrator, Wage and Hour Division, U.S. Department of Labor, for the initial one-year base period will apply to the additional one-year option periods. The minimum wage rates and fringe benefits applicable to the initial one-year base period of performance are outlined in the respective wage determinations listed in Section J, Attachment A.

In the event the options(s) to extend performance is exercised by the Government, the contract price(s) will be subject to adjustment in accordance with the clause entitled FAR 52.222-43 - Fair Labor Standards Act and Service Contract Price Adjustment (Multiple Year and Option Contracts), included by reference in the solicitation/contract. Firm Fixed Price and Fixed-unit price CLINs shall not be escalated. No contract price adjustments will be made outside the FAR requirements of 22.1012-3.

Other than Cost or Pricing Data. Provide a detailed pricing breakdown and narrative explanation for all price components proposed such as direct labor and fringes, other direct costs, material, indirect costs, and profit in the offeror's regular proposal format. Other than cost or pricing data is also required for subcontractors whose price is 10% or more of the total contract price (excluding ODCs). The results of the analysis of any subcontractor’s proposal in determining price fair and reasonableness of proposed subcontract prices is also required. Provide a chart/table which identifies proposed labor categories for each range (by district, ASC and Field Office), state if position is SCA position, service contract act wage determination grade and rate (if applicable), applicable wage determination number and revision (if applicable) for the base and each option year.

The contractor shall include in their price proposal, information in regards to the subcontractor(s) source selection decision to include the following: documentation showing that subcontractor source selections were made using stated evaluation criteria, sufficiently documented rationale for your decision and the results of the analysis of any subcontractor’s proposal in determining price fair and reasonableness of proposed subcontract prices.

If an indirect cost rate is applied to the ODCs, provide a basis for inclusion of indirect costs, how the indirect cost rate is derived and applied and the percentage applied for each ODC per year. If you have Defense Contract Audit Agency (DCAA) audited rates, provide the name, address, e-mail address, and telephone number of the cognizant DCAA audit office. If you do not have DCAA audited indirect rates as they apply to ODCs, provide three years of historical rates and explain any differences to proposed rates. The indirect cost rate applied will be considered the maximum rate per year per ODC.

Assumptions And Constraints. This section of the Offeror’s proposal is designed to provide a comprehensive narrative discussion/explanation of all of the assumptions and constraints used in developing the proposal. A complete explanation of all proposed prices shall be provided. This section shall also be used to provide (if necessary) any additional information.

Profit and Loss Statement and Balance Sheet. The Offeror shall provide a narrative discussion of available financial resources for staff, personnel, equipment and supplies to support the contract. Each Offeror is also to furnish with the narrative, a company financial statement consisting of the Offeror's most recent Profit and Loss Statement and Balance Sheet certified by an independent public accountant to provide support that sufficient funds are available for salaries, equipment, facility costs, etc., for a minimum of two months of contract performance. This is important because payment for performance under the resulting contract will be made monthly in arrears, within 30 calendar days of receipt of a proper invoice at the designated Government office. The Contractor shall invoice the Government for services performed during a given month at the end of the month. Thus the Contractor shall not receive payment for the first month of performed services until the beginning of the third month of actual performance. The offeror shall include with the narrative the names and phone numbers of those individuals or firms that can verify this information.

Section K, Representations and Certifications. In accordance with Section K, complete the Online Representations and Certifications Application (ORCA), website http://orca.bpn.gov/ and Provision FAR 52.209-7 – Information Regarding Responsibility Matters (Jan 2011).

L.8 Teaming Relationship

If two or more Offerors intend to work together to meet the solicitation requirements, the proposal response must clearly identify the type of relationship (i.e., joint venture agreement, teaming arrangement, partnership, prime/subcontractor arrangement) of all parties involved. Refer to FAR 9.601, Contractor Team Arrangements (CTA), for descriptions of the types of agreements. A signed copy of the CTA or joint venture agreement must be submitted with the solicitation response. This signed copy of the teaming relationship must be submitted with the Business Proposal.

L.9 Proposal Preparation Costs

The government will not be obligated to pay any pre-award costs incurred by any offeror in preparing a response to this solicitation.

L.10 The Service Contract Act (SCA) will apply to contracts awarded pursuant to this RFP. Accordingly, the proposal shall include a breakdown of all labor classifications subject to the SCA along with corresponding rates. The offeror shall certify that proposed rates properly reflect applicable Department of Labor Wage Determinations to include Department of Labor Wage Determinations for Collective Bargaining Agreements (CBAs).

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 Award Criteria

(a) USCIS will make a selection and award the contract(s) in accordance with the guidelines provided by the FAR Part 15, the RFP and the Source Selection Plan. The award(s) will be made to the offeror(s) whose proposal(s) represents the Best Value (see subsection (b) below) to the Government. The Government will award one or two single-award IDIQ contracts. In the event two contracts are awarded, one award will be made for Group A and one award will be made for Group B. In the event one contract is awarded, one award will be made for Group A/B. Proposals will be evaluated and one Best Value award decision will be made in accordance with the following process:

(i) All Group A proposals will be evaluated against the evaluation criteria and without regard to Group B or Group A/B proposals. The Government will evaluate price and non-price evaluation factors in accordance with M.1.e below. A trade-off process will be used (see subsection (c) below) to identify the Group A proposal that is likely to provide the best value to the Government in a two contract award scenario. Once the Group A proposal likely to provide the best value is identified, all other Group A proposals will be removed from further evaluation and will no longer be considered for award.

(ii) All Group B proposals will be evaluated against the evaluation criteria and without regard to Group A or Group A/B proposals in the manner specified in (a)(i). Once the Group B proposal that is likely to provide the best value is identified, all other Group B proposals will be removed from further evaluation and will no longer be considered for award.

(iii) All Group A/B proposals will be evaluated against the evaluation criteria and without regard to Group A or Group B proposals in the manner specified in (a)(i). Once the Group A/B proposal that is likely to provide the best value is identified, all other Group A/B proposals will be removed from further evaluation and will no longer be considered for award.

(iv) The Group A proposal that is likely to provide the best value (as determined in (a)(i) above) will be paired with the Group B proposal that is likely to provide the best value (as determined in (a)(ii) above) (hereafter referred to as the “Paired Proposal”).

(v) Finally, the Paired Proposal will be compared to the Group A/B proposal using a tradeoff process to determine which constitutes the Best Value to the Government. With respect to price, the sum of the Group A price proposal and Group B price proposal will constitute the Paired Proposal price and will be compared against the Group A/B price. With respect to non-price factors, the Government will compare the strengths and weaknesses and adjectival ratings of the Paired Proposal against the Group A/B Proposal. If the Government determines that the Paired Proposal represents the Best Value to the Government, two contracts will be awarded – one for Group A and one for Group B. If the Government determines that the Group A/B proposal represents the Best Value to the Government, only one contract will be awarded.

(b) Award(s) will be made to the offeror(s) whose proposal represents the best value to the Government.

(c) As defined in FAR 2.101, Best Value means “the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.” Consequently, the contract(s) will be awarded to the responsible offeror(s) whose proposal, conforming to the solicitation, results in the most advantageous integration of the Technical Capability, Small Business Participation, Past Performance, and Price factors.

(d) USCIS will utilize a trade-off process between price and non-price factors to allow USCIS to accept other than the lowest priced proposal, or other than the highest technically rated offeror. Neither the lowest cost nor the highest technical rating will be the definitive-determining factor in making an award. If two offerors have similar technical capability, small business participation and past performance, then price may become the discriminating factor. Ratings between competing proposals will be analyzed to determine what the difference may mean in terms of performance, and what it will cost the Government to take advantage of it. As such, the Government may reject any or all offers if such action is in the best interest of the Government, and the Government may accept an offer(s) that is not the lowest price.

(e) The procurement is being conducted using formal source selection procedures. The formal source selection procedures involve the use of a structured process that involves a Source Selection Organization (SSO) responsible for the evaluation of the proposals. The SSO will include a Business Evaluation Committee (BEC), Technical Evaluation Committee (TEC), Source Selection Advisory Counsel (SSAC), Source Selection Authority (SSA) and advisors as required. The SSA will make the source selection decision. Proposals will be evaluated using four evaluation factors, listed in descending order of importance:

1. Technical Capability

2. Small Business Participation

3. Past Performance

4. Price

Each proposal shall be evaluated against the evaluation factors listed below in descending order or importance. The non-price factors, when combined, are significantly more important than the price factor.

If a proposal receives an unacceptable rating for any subfactor or factor, that proposal will not be eligible for award.

M.2 Technical Capability Evaluation Factor (Factor 1)

FACTOR 1 – Technical Capability The Technical Capability factor will be evaluated by the TEC. Evaluation of the Technical Capability factor will assess the degree to which the proposal effectively demonstrates that the proposed solution will meet or exceed the requirements of the RFP. The Factor rating will be based on the subfactor ratings and their relative order of importance.

Technical Capability evaluation subfactors are shown below. Subfactor 1 is considered the most important subfactor and subfactors 2 and 3 are equal in importance. This evaluation factor and the subfactors will be rated using adjectival ratings (Outstanding, Good, Acceptable, Marginal & Unacceptable).

Subfactor 1 – Program Management/Management Controls

Subfactor 2 – Staffing/Retention

Subfactor 3 – Relevant Corporate Experience

Subfactor (1) Program Management/Management Controls

The offeror’s proposal will be evaluated to the extent to which the proposal addresses and demonstrates the following and the extent to which the proposed solution meets or exceeds the requirements of the RFP:

· Interface with USCIS at all levels: The offeror clearly describes the interface with USCIS at all levels, the lines of responsibility, authority, communication, span of control, interface with subcontractors and interface within the company;

· Subcontracting arrangements: The extent to which the proposal clearly describes the subcontracting arrangements, why portions are being subcontracted, why particular subcontractors were selected, how the subcontracts will be managed, what special attributes or capabilities proposed subcontractors contribute to overall contract performance/success and continuity;

· Offeror’s approach to manage workload and balance resources: Extent to which the offeror’s approach will manage workloads and balance resources to meet the changing needs of the program and to meet unanticipated surges or lulls in varying locations. The methods the offeror proposes in the event a significant surge event occurs such as the level of pricing band 0001E;

· Customer Satisfaction: How the offeror will maintain applicant customer satisfaction, including how customer satisfaction will be ascertained and measured and how remedies will be applied to address any dissatisfaction that occurs;

· Facilities management: The methods the offeror proposes for obtaining facilities and determining that facilities are obtained at a fair and reasonable price, providing facilities operations and facilities management;

· Transition: The process for hiring of initial staff, plan to obtain key personnel, employment of subcontractor resources, obtaining satisfactory personnel employment suitability clearances, detailed step-by-step plan to include risks and how they will be mitigated, for obtaining all resources required within the ninety-day transition period, and facilities transition plan;

· Quality Control: How the offeror will establish and maintain a quality control operation for a project of this scale to include, quality management, implementation, performance standards, performance measures, problem identification & resolution, continuous quality improvement, plan to maintain quality standards in accordance with the performance requirements summary (PRS);

· Management Control: How the offeror will maintain management and communications control (including security) over a large workforce in geographically dispersed locations;

· Daily Operations: The methods the offeror proposes to maintain daily operations at the ASCs and in accordance with prescribed procedures according to required timetables, and the methods the offeror proposes to maintain daily operations at the Field Offices in support of CIV;

· Reporting/Data: How the offeror will collect and produce reliable productivity data & reports that will produce meaningful and reliable performance reporting and how the offeror will develop and maintain standard operating procedures (SOPs) and report compliance with SOPs; and

· Innovation: How the offeror will implement innovative solutions during the performance period.

Subfactor (2) Staffing/Retention

The offeror’s proposal will be evaluated to the extent to which the proposal addresses and demonstrates the following and the extent to which the proposed solution meets or exceeds the requirements of the RFP:

· Key Personnel: How the key personnel proposed meet or exceed the qualifications requirements outlined in the PWS;

· Staffing/Retention of Personnel plan: How the offeror intends to attract and retain a quality workforce over the life of the contract;

· Contractor Organization: How the offeror’s proposed organization meets the needs of the ASC program to include an organizational chart showing locations, labor category, number of FTEs, breakdown of full-time, part-time, or on-call employees per position, for the baseline and each range; and

· Training: The offeror’s plan for implementing a training program of this magnitude in a large, geographically disperse environment, and plan to deploy a training program (initial, remedial, and continuous, and short deadline training) to include methods of training and on-going support to ensure a capable work force to satisfy the PWS requirements.

Subfactor (3) Relevant Corporate Experience

The offeror’s proposal will be evaluated to the extent to which the proposal addresses and demonstrates relevant corporate experience as a prime contractor (to include that of major subcontractors or teaming partners representing 25% or more of the contract value, (labor only – excludes ODCs) in the following areas:

· Management of multiple sites/locations in a large geographically dispersed environment;

· Management of multi-functional services;

· Management of a workforce of this magnitude;

· Customer service;

· Immigration benefits services;

· Collecting & processing biometric data electronically & manually;

· Transitioning a contract workforce of this magnitude;

· Facilities management to include multiple leasing requirements;

· Management of significant workload volume with lulls and significant surge events; and

· Implementing a training program of this magnitude.

FACTOR 2 - Small Business Participation

The Small Business Participation Factor will be evaluated by the BEC. The Factor rating will be based on the subfactor ratings and their relative order of importance.

Proposals will be evaluated to determine the extent to which the offeror provides the maximum practical opportunity for small business participation and the degree of commitment to implementing small business participation. The Small Business Participation Factor will be rated based on three subfactors listed in descending order of importance. This evaluation factor and the subfactors will be rated using adjectival ratings (Outstanding, Good, Acceptable, Marginal, & Unacceptable).

Subfactor 1 - Maximization of Small Business Opportunities

Subfactor 2 - Participation in the DHS Mentor-Protégé Program

Subfactor 3 - Small Disadvantaged Business Participation Program—Targets

Subfactor (1) Maximization of Small Business Opportunities

Proposals will be evaluated to determine the extent to which the offeror provides the maximum practical opportunity for small business participation as indicated below:

· The Small Business Subcontracting Plan is in compliance with FAR 19.704;

· Approach maximizes Small Business participation to Small Business (SB), HUBZone Small Business, Service-Disabled Veteran-Owned Small Business (SDVOSB), Small Disadvantaged Business (SDB), and Woman-Owned Small Business (WOSB) firms;

· Extent to which the offeror meets or exceeds the DHS small business subcontracting goals;

· Offeror’s proposal contains a goal for “other than small business concerns” to subcontract a minimum of 30% of the value of the contract (excludes ODCs) to Small Business concerns to include all socio-economic categories;

· The degree of commitment to implementing these proposed opportunities, including signed subcontracting agreements or other letters of intent;

· Extent to which the goals will be reported and monitored and plan for improvement if small business subcontracting goals are not being met; and

· The offeror’s record of previous performance in carrying out the goals of subcontracting plans.

Subfactor (2) Participation in the DHS Mentor-Protégé Program

The offeror’s proposal will be evaluated to the extent to which the offeror participates in the Mentor-Protégé Program as indicated below:

· Proposal includes the Office of Small and Disadvantaged Business Utilization (OSDBU) signed letter of Mentor-Protégé Program approval;

· Proposal includes the actual agreement between the Mentor and Protégé describing the relationship and areas of assistance;

· The degree to which the Mentor utilizes the Protégé in a meaningful way to achieve the goals of the agreement and the goals of the Mentor-Protégé Program; and

· The degree to which the Mentor-Protégé relationship is described, degree of participation of the Protégé in this acquisition, degree to which that participation is meaningful and furthers the developmental assistance of the Protégé as stated in the Mentor-Protégé agreement.

Subfactor (3) Small Disadvantaged…