SECTION_L_-_Proposal_Instructions_(draft).pdf

SECTION L - PROPOSAL PREPARATION

INSTRUCTIONS

1.0 Milestone Schedule

The following is the anticipated milestone schedule for the key events leading to the award of this procurement.

October ___, 2016 Questions Due from Offerors November ___, 2016 Proposals Due from Offerors December ___, 2016 Anticipated Award Date

2.0 Questions

All questions concerning the RFP must be electronically submitted to Shannon Welch (Shannon.Welch@tsa.dhs.gov) no later than 11:00 AM Eastern Time on October ___ , 2016.

3.0 Proposal Submittal Instructions

Proposals shall be submitted electronically via email to Shannon Welch (Shannon.Welch@tsa.dhs.gov) by 11:00 AM Eastern Time on October ___ , 2016. There will be no exceptions to the time and date on which responses are due, unless determined otherwise by the Government. Each Offeror is responsible for timely delivery and receipt of proposal. The maximum size permitted for e-mail attachments is 5 MB.

If submission needs to be divided into multiple attachments, the Contractor shall clearly label each file to indicate what information the file contains. Microsoft products (Word, excel) and adobe pdf are acceptable formats for submission.

4.0 Contents of Proposal

Offeror shall submit their proposal in 2 volumes: Technical and Price. The table below and section 5.0 identifies the contents of each volume.

Volume Contents Page Limits

Volume I - Technical

Factor 1 - Provide a qualified MSEDS product line compliant with Buy American Act and applicable Trade Agreements

15 Factor 2 – Deployment Capability

Factor 3 - Technical Capability

Factor 4 – Past Performance

Volume II - Price Factor 5 – Price

Unlimited Other Submission Information

5.0 Proposal Submission Requirements

5.1 Factor 1 – Provide a qualified MSEDS product line compliant with Buy

American Act

5.1.1 Offeror shall provide evidence of product qualification via a copy of the letter issued by TSA adding the Offeror’s product to the Qualified Product List.

5.1.2 This acquisition is subject to FAR 25.1 and 25.4, but only specified countries as listed in 5200.225.001. To determine whether Offerors are compliant with the Buy American Act and applicable Trade Agreements, Offerors shall provide 1) a confirmation of the country in which the MSEDS systems are manufactured, and

2) the origin and cost of each individual components that make up the system.

5.2 Factor 2 – Deployment Capability

5.2.1 TSA requires the delivery of qualified MSEDS within 6 months of exercising

Equipment CLIN Options. The Offeror shall provide a proposed production schedule to comply with this limitation. The schedule shall include a brief narrative supporting the production capability proposed and demonstrate that the offeror can meet its proposed production capability. The offeror must clearly detail how it will meet production capacity and identify risks (i.e.,supplier availability, components availability, long lead times, Request For Deviation/Engineering Change Proposal testing activities, etc.), if any, to meet the production capability. The Offeror shall include any assumptions and rationale behind the assumptions.

5.2.2 Offeror shall provide a complete list of all ECPs that the Offeror will request to be approved prior to delivery. Offeror shall provide the information listed below as it relates to each ECP. In addition, Offeror shall provide a mitigation strategy for delivering compliant systems in accordance with the delivery schedule if any proposed ECP is not approved.

5.2.2.1 ECP Description

• Title of ECP

• Classification of ECP: Class I or Class II

• Requirement or operational performance that is impacted by the ECP

(i.e. throughput, detection, safety, etc.)

• Brief description of ECP

5.2.2.2 ECP Testing

• Description of internal testing conducted to date

• High level internal testing results if available

5.2.2.3 ECP Schedule

• Anticipated submittal date of ECP to TSA

5.3 Factor 3 – Technical Capability

Offeror shall discuss how it’s proposed MSEDS system represents a technology that meets or can meet TSA’s desired system capability identified below. Offeror shall address the following elements:

5.3.1 TSA’s desired system capability includes reaching an average Transportation

Security Officer (TSO) in the loop throughput of 500 to 700 bags per hour without negatively affecting system performance using automated alarm under full configuration to be achieved within the performance of this contract.

Offerors shall discuss how the proposed MSEDS system meets this capability, and if not, how it would improve the system to meet this capability. The discussion shall include at a minimum: a schedule and a detailed description of the ECP(s) necessary to execute any proposed improvements, method of calculating throughput, assumptions, calculations, and simulations (if any) to support the discussion.

5.3.2 TSA’s desired system capability includes achieving higher detection capability, as stated within Detection Standard, Version 7.2. Offerors shall discuss its strategy to upgrade the proposed MSEDS system to meet 7.2. The discussion shall include at a minimum: a schedule and a detailed description of the ECP necessary to execute the strategy (i.e. Hardware changes, software changes, testing efforts (including Certification), risk assessment and mitigation strategies.

5.3.3 Reliability Metrics: Historical MTBCF or Reliability Modeling

The Contractor shall provide one of the two following deliverables for evaluation:

A) Historical MTBCF Average for existing systems currently deployed within the TSA fleet if available (for a minimum of 2 years); or

B) If no historical MTBCF is available Reliability Block Diagrams and Mathematical Models Report for new systems not currently deployed in the TSA fleet. Using Reliability Block Diagrams, the Contractor shall identify and allocate Mean Time Between Critical Failure (MTBCF) values for each configuration item in the MCIL. The Contractor shall perform an analysis to substantiate the MTBCF and inherent availability (Ai). The Contractor shall prepare and deliver the Reliability Block Diagrams and Mathematical Models Report in accordance with the Proposal Only CDRL: L012, Reliability Block Diagrams and Mathematical Models Report.

5.4 Factor 4 - Past Performance

The Government will use past performance information from the Government’s automated repositories as a primary source, such as Past Performance Information Retrieval System (PPIRS). Offerors are not required to submit any past performance information on EDS contracts with TSA. The following submission request is for information other than the EDS contracts with TSA. Offerors must either provide the below information or affirmatively state that it possesses no relevant, directly related, or similar past performance for other than the EDS contracts with

TSA.

5.4.1 IF A COMPLETED CPARS EVALUATION FOR CONTRACTS OTHER

THAN TSA AT CONTRACT IS AVAILABLE on a maximum of three relevant contracts, in terms of similar scope, size and complexity that have been completed within the last five years, Offeror shall provide the following information only:

i. Contract number(s);

ii. Dollar value to the contract;

iii. Period of performance;

iv. Detailed description of the work performed;

v. Explanation of relevancy to the current requirements being solicited;

5.4.2 IF A CPARS EVALUATION IS NOT AVAILABLE FOR CONTRACTS

OTHER THAN TSA AT CONTRACT Offeror shall provide a contract summary of not more than three (3) contracts either ongoing or completed during the last five years (no earlier than May 2008) that demonstrates performance similar or relevant to the solicitation performance requirements. Similar or relevant past performance efforts is defined by size, scope, complexity, and contract type. All past performance contract summaries shall be the prime Contractor performing as either a prime or sub-contractor during the completed contract. The contract summaries shall include the following information:

i. Contract number(s) and type;

ii. Name, phone number, and e-mail address of two (2) technical points of contact at the entity for which the contract was performed;

iii. Contracting Officer’s name, phone number, and e-mail address;

iv. Contracting Officer’s Technical Representative name, phone number, and e-mail address;

v. Dollar value to the contract;

vi. Period of performance;

vii. Detailed description of the work performed;

viii. Explanation of relevancy to the current requirements being solicited;

ix. Statements relative to performance: i.e., statements describing whether the contract(s) were completed on time, performed satisfactorily while conforming to contract terms and conditions and without degradation in performance or customer satisfaction and any applicable information on problems encountered during performance.

Offerors are responsible for ensuring that the information provided in the Contract Summaries submitted under (b) is accurate and the individual(s) identified in the contract summaries are 1) aware that the TSA may be contacting them regarding their past performance and 2) authorized to respond to TSA’s inquiries related to this solicitation. TSA will not make repeated attempts to contact non-responsive references and reserves the right to not contact all references provided.

The information provided by the Offeror may not serve as the sole basis of evaluation of past performance. The Government reserves the right to obtain and utilize information from sources other than those identified by the Offeror or identified in PPIRS.

5.5 Factor 5 – Price

Offeror shall provide all of the following elements for Volume II – Price:

5.5.1 A signed and completed SF 33 that reflects the proposed firm fixed unit prices and associated total prices for CLINs 0003A, 0003AA, 0003AB, 0006, 0007, 00014A, 00014B, and 00014C.

5.5.2 Supplier quotes for all major system components that make up at least 80% of the unit price for CLINs 0003A, 0003AA, 0006, 0007, 00014A, 00014B, and 00014C.

5.5.3 Estimated 15-year Maintenance Life-cycle costs. The Offeror shall provide an estimate cost for the

5.5.3.1 For Offerors with existing systems deployed by TSA. The Offeror Shall take the past 4 years Maintenance costs, to establish the proposal escalation factor (2% per year, etc.). Then the Offeror shall use that to build an estimated 15-year Preventative Maintenance cost per unit.

5.5.3.2 Offers without existing TSA systems and maintenance contracts have two options:

5.5.3.2.1 Provide estimated 15-year Preventative Maintenance costs per unit based on existing non-TSA maintenance contracts.

5.5.3.2.2 Apply a $1.7 Million Preventative Maintenance cost per

EDS.

5.6 Other Submission Instructions

5.6.1 As stated within Section I, Paragraph 3.0, the Government is requiring unlimited rights in all data produced under this contract. The Offeror shall identify whether it agrees to grant unlimited rights as specified within FAR 52.227-14. If the Offeror does not grant unlimited rights, the Offeror shall identify what portions of such data, to include any applicable commercial license terms, it believes should be limited rights data within FAR 52.227-15. The final negotiated data rights granted by the Contractor to the Government under this contract will be specified within Section I and FAR 52.227-14 Alt. II and/or Alt III.

For limited rights in data or restricted computer software that will be proposed, the Offeror shall clearly provide, with reference to the specific section and paragraph of the solicitation, the rationale for so doing. If no limited rights data or restricted computer software are identified, the Government will assume the Offeror’s proposal corresponds to the solicitation requirements, and FAR 52.227- 14 shall apply to all deliverables and data first produced under this acquisition.

5.6.2 The Offeror shall provide its commitment to accept all RFQ specifications, requirements, terms, and conditions along with any exceptions to the above. If any, the Offeror shall clearly provide, with reference to the specific section and paragraph of the solicitation, all exceptions taken to the RFQ, and the rationale for so doing. If no exceptions to a given solicitation requirement are noted in this section of the proposal, the Government will assume the Offeror’s proposal corresponds exactly to the solicitation, and no alternate terms are being proposed.

5.6.3 The Offeror shall complete all provisions as applicable and provide in this section.

FAR 52.227-15 -- Representation of Limited Rights Data and Restricted Computer Software. (Dec 2007)

(a) This solicitation sets forth the Government’s known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data--General). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data--General clause at 52.227-14 included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor’s facility.

(b) By completing the remainder of this paragraph, the Offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [Offeror check appropriate block]—

[ ] (1) None of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software; or

[ ] (2) Data proposed for fulfilling the data delivery requirements qualify as limited rights data or restricted computer software and are identified as follows:

(c) Any identification of limited rights data or restricted computer software in the Offeror’s response is not determinative of the status of the data should a contract be awarded to the Offeror. (End of provision)

FAR 52.225-2 -- Buy American Act Certificate (Feb 2009)

(a) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(b) Foreign End Products:

[End of Section]

FAR 52.225-6 - Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

5200.225.001 Notice to Offerors/Contractors Concerning Trade Agreements Terms and Applicability to the Transportation Security Administration (DEC 2015)

With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below:

FAR 52.225-1 “Buy American Act—Supplies,” FAR 52.225-2 “Buy American Act-Certificate,” FAR 52.225-5 “Trade Agreements,” FAR 52.225-6 “Trade Agreements Certificate,” FAR 52.225-9 “Buy American Act—Construction Materials,” FAR 52.225-10 “Notice of Buy American Act Requirement-Construction Materials,” FAR 52.225-11 “Buy American Act—Construction Materials under Trade Agreements,” and FAR 52.225-12, “Notice of Buy American Act Requirement—Construction Materials under Trade Agreements”

Offerors are hereby notified that the the TSA is subject to theWorld Trade Organization Government Procurement Agreement and the countries it includes as presently defined in FAR 25.003. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. .

Line Item No.: Country of Origin:

Line Item No.: Country of Origin:

Offerors must analyze their intended proposals and provide information in response to the required provisions accordingly.

The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm

HSAR 3052.209-70 – PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership;

and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The Offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.