05.20.13_-_Amend_04 _HTC711-13-R-R007_(ATN).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to make revisions to:

1. Addendum to FAR 52.212-1 (changes in red text);

2. FAR 52.212-2 (changes in red text);

3. Attachment 2, Performance Work Statement (changes in red text); and

4. Change the list of attachments to reflect the revised PWS date;

All other terms and conditions remain unchanged

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 20-May-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-13-R-R007

X 9B. DATED (SEE ITEM 11)

29-Mar-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-May-2013

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-13-R-R007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM TO 52.212-1

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (FEB 2012)

Paragraph (b) entitled “Submission of Offers” is supplemented with paragraph 12, “Proposal Preparation Instructions,” below:

(12) PROPOSAL PREPARATION INSTRUCTIONS

(a) GENERAL INSTRUCTIONS

(1) To be eligible to receive a contract award and subsequent orders pursuant to this solicitation, an offeror must propose products and services from Afghanistan in accordance with Section 886 of the National Defense Authorization Act for Fiscal Year 2008 (PUBLIC LAW 110-181) as implemented by DFARS

225.7701 and DFARS 225.7703-1(a)(2). “Services from Afghanistan” is defined as a service performed in Afghanistan predominately by citizens or permanent resident aliens of Afghanistan. Per PWS paragraph 1.5.1.2., 90% of the labor force shall be Afghan citizens.

(2) Non-US Contractors shall be required to be registered in the Joint Contingency Contracting System

(JCCS) prior to proposal due date. All offerors shall be registered in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/.

(3) The proposal due date is 6 JUN 2013 at 1:00 PM US Central Daylight Time (CDT). Proposals shall be submitted in hardcopy on the specified due date and time to the U.S. Transportation Command.

Mailed proposals shall be sent to “USTRANSCOM/TCAQ-R, ATTN: Tom Eslinger and Jason Logsdon, 508 Scott Drive, Scott AFB, IL 62225-5357”. Hand delivered proposals shall be delivered to the USG representative at the Scott AFB Visitor Control Center (VCC) on 6 JUN 2013 between the hours of 11:00 AM and 1:00 PM CDT. The USG representatives will be standing immediately outside the VCC. If there is inclement weather, the USG representatives will be immediately inside the VCC.

The VCC is off Seibert Rd and is immediately before the Scott AFB gate entrance. If an offeror intends to hand deliver its proposal, it shall notify the Government via email at Thomas.Eslinger@ustranscom.mil and Jason.Logsdon@ustranscom.mil of its intent to do so. Email and facsimile proposal submissions will not be accepted. All proposals received after the date and time specified in the solicitation will be treated as a late proposal.

USTRANSCOM/TCAQ-R

ATTN: Tom Eslinger and Jason Logsdon 508 Scott Drive Scott AFB, IL 62225-5357

(4) Written questions will be answered in writing and provided to all offerors via Federal Business

Opportunities (FedBizOpps) and Joint Contingency Contracting System (JCCS). Solicitation changes will be made via amendment. However, due to the time required to research a question and provide an answer, questions received less than fifteen calendar days prior to the due date of offers specified in this solicitation may not be answered. Formal questions shall be submitted in email to USTCAQ-R- Trucking@USTRANSCOM.MIL. The email should include the solicitation number and the name of https://www.sam.gov/portal/public/SAM/ mailto:Thomas.Eslinger@ustranscom.mil mailto:Jason.Logsdon@ustranscom.mil mailto:USTCAQ-R-Trucking@USTRANSCOM.MIL mailto:USTCAQ-R-Trucking@USTRANSCOM.MIL the company submitting the questions in the Subject line. Formal communication should be submitted in the following format:

Document Description: ____________, Section____, Page____, Paragraph___ Question: ___________________________________________________________

(5) By your proposal submission, you are representing that your firm will perform to the requirements specified in the solicitation

(6) Proposals shall be evaluated in accordance with the evaluation criteria set forth in FAR 52.212-2, Evaluation—Commercial Items (JAN 1999), as included in this RFP.

(7) If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale at least fifteen (15) days prior to the date and time for receipt of proposals. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

(8) All referenced documents for this solicitation are available on the Federal Business Opportunities

(FedBizOpps) web site at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

(b) PROPOSAL ORGANIZATION, NUMBER OF COPIES, AND PAGE LIMITS. The offeror shall submit orginal hardcopy and additional copies of their proposal as specified in the following table. Additionally, the contractor shall submit one electronic copy on CD-ROM with the offeror’s complete proposal. Acceptable electronic file formats include Microsoft Word version 2003 or later, Adobe PDF, and Microsoft Excel version 2007 or later. The solicitation Attachments 1A, 1B, and 1C, containing the offeror’s proposed unit price list for the North, South, and West regions, respectively, shall be submitted in the Microsoft Excel format.

Volume Title Number of Copies Page Limit

I Business Proposal Original, (1) copy, and (1) electronic copy No Page Limit II Technical Proposal Original, (4) copies, and (1) electronic copy See para (3)

(1) Proposals shall be submitted on plain white paper, 8 ½ x 11 paper, double-sided, Times New Roman, and one (1) inch margins. The narrative text shall be in 12pt font. Font size may be adjusted for charts, graphs, or titles. When both sides of a sheet display printed material, it shall be counted as two

(2) pages.

(2) The page limitation for Volume II, Technial Proposal, includes: All appendices, charts, graphs, diagrams, tables, photographs, drawings, resumes, cover sheets, tables of contents, indices, title pages, tables, and cross-reference indices. The page limitation excludes subcontracting agreements;

Memorandums of Agreement (MOAs), licenses, pages marked “This page intentionally left blank”, section dividers if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. Exception to exclusions: Section dividers will be counted in the page limitation if they contain any other information, i.e., diagrams, extraneous data, etc. The offeror shall number each page in order to eliminate any confusion. In the event the offeror creates an ambiguity in their numbering of the pages, the USG may exercise its own discretion in counting pages.

(3) If the offeror only submits a proposal for one region, the page limitation for their technical proposal is

50 pages. If an offeror identifies that they are submitting a proposal for two regions, the page limitation for their technical proposal is 55 pages. If the offeror identifies that they are submitting a proposal for all three regions, the page limitation for their technical proposal is 60 pages. Offerors shall not submit complete stand-alone technical proposals for each region if they are proposing for multiple regions.

http://www.fedbizopps.gov/

(c) PROPOSAL CONTENT.

(1) Volume I – Business Proposal. This volume has no page limitation; however, the following shall be submitted in the format identified below:

a. Section A: SF-1449 & SF-30. Offeror shall complete the SF-1449, blocks 12, 17a and 30 a, b, and c. Block 17a should include the CAGE code. Signature by the offeror on the SF-1449 constitutes an offer, which the Government may accept, and acknowledgement by the offeror that they accede to the contract terms and conditions and PWS technical requirements.

Offerors shall acknowledge all amendments to the RFP by signing the SF-30s and placing them immediately behind the SF-1449.

b. Section B: General Proposal Information. This section shall include the following:

i. The offeror shall provide the company name, address, CAGE code, DUNS code, JCCS identification (ID) number (if applicable), Tax Identification Number (TIN), and Afghanistan Investment Support Agency (AISA) license number for the offeror and all proposed subcontractors (not including EOCs).

ii. Letter signed by the offeror representative identifying individuals who are authorized to negotiate and sign documents on the behalf of the offeror.

iii. Offeror shall provide a signed statement on company letterhead which clearly indicates the region or regions (North, South, or West) for which the offeror is submitting a response.

iv. The offeror shall submit a copy of its SAM Registration and Joint Contingency

Contracting System (JCCS) Registration (applicable to non-US contractors and to Joint Ventures including a non-US contractor) for itself and each proposed subcontractor indicating active registration prior to the date and time specified for receipt of proposals.

v. The offeror shall submit the information identified in paragraphs “i.” and “iv.” for any and all proposed subcontractors. The offeror shall also include the required information from paragraph H-9 of the Special Contracts Requirements section, Notification of Host Nation Contractor and Subcontracting Requirements except for the specified licenses which are required in Section D.

c. Section C: Representations and Certifications. This section shall include the following:

i. Completed FAR 52.212-3, Offeror Representations and Certifications – Commercial

Items.

ii. Completed DFARS 252.212-7000, Offeror Representation and Certifications – Commercial Items.

iii. Completed Solicitation Attachment 3A - Projected Afghan Employment

Certification (West and South) if proposing for either the West or South regions, or both. Completed Solicitation Attachment 3B – Projected Afghan Employment Certification (North) if proposing on the North region.

iv. Note: If representations and certifications were completed using the online System for Award Management (SAM), offeror shall submit a copy of the online representations and certifications.

d. Section D: Business Licenses. This section shall include:

i. Proof of the current Afghan Business License issued by the Afghanistan Investment Support Agency (AISA) for the offeror and each proposed subcontractor, if applicable.

e. Section E: Past Performance References and Information. This section shall include:

i. The offeror shall submit no more than three contract references for the offeror and no more than two contract references for each proposed subcontractor(s), if applicable.

If the offeror intends to provide service through a subcontracting arrangement with a subcontractor(s), then the offeror may submit past performance information for either the offeror (prime) or the subcontrator(s). Contract references should be recent (within the last three years) and relevant (for trucking services or trucking management services in Afghanistan), similar size, scope, and complexity to the work to be performed under the resultant contract. If using a subcontractor(s), the offeror shall submit a summary narrative describing the role of the offeror and the subcontractor(s). This summary narrative is limited to 5 pages.

ii. The offeror shall provide the following for each contract reference.

- Company or agency name the services were provided to

- Point of Contact Name, Position, email address, and phone number

- Description of the service provided

- Contract number (if a US Government contract)

- Performance period when the service was provided

iii. The offeror shall complete section 1 of Solicitation Attachment 4 – Past Performance

Questionnaire and send out the Questionnaires to each reference identified. If the Questionnaire is being completed for a subcontractor, the offeror shall also identify itself and the subcontractor in section 1 for which the performance is being assessed.

The offeror shall advise the reference point of contact to respond by completing the remaining portions of the questionnaire and send them directly to the Government via email or fax. The responsibility to send out the Past Performance Questionnaires rests solely with the offeror; whereas, it shall not be delegated to any other entity.

The Transmittal Letter shall be sent by the offeror along with the Past Performance Questionnaires. Once the questionnaires are completed, the information therein shall be considered sensitive and shall not be released to you, the offeror. Completed Questionnaires are requested to be received by 3:00 PM US Central Daylight Time on 17 May 2013. Please note that this date precedes the proposal due date.

iv. The Government will evaluate the quality and extent of the offeror’s past performance deemed relevant to the requirements of this RFP. This information will be used by the Government when evaluating the contractor’s responsibility. In addition to past performance information submitted by the offeror, past performance information may be obtained on the offeror and any of the identified subcontractors through the (1) Past Performance Information Retrieval System (PPIRS), (2) Joint Contingency Contracting System (JCCS), (3) Questionnaires tailored to the circumstances for this acquisition, and (4) other sources known to the Government.

The Government reserves the right to use information submitted by the offeror and other sources, such as the other Government offices and commercial sources to assess performance and responsibility.

v. Subcontrator consent (if applicable). Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. With your proposal response, provide a letter from your subcontractor(s) that will perform major or critical aspects of the requirement consenting to the release of their past performance information to the prime contractor.

f. Section F: Solicitation Attachments 1A, 1B, 1C – Schedule B, Unit Price List. The offeror shall submit the completed Schedule B, Unit Price List, for the region the offeror is proposing. Attachment 1A is for the North region. Attachment 1B is for the South region.

Attachment 1C is for the West region. Failure to provide a unit price for every asset type for the region that the offeror is proposing to provide service to, will render the offer non-responsive to the solicitation. Host Nation offerors shall submit pricing in Afghani currency.

All others shall submit pricing in US Dollars (USD). The offeror shall not alter the format of Attachment 1A, 1B, 1C – Schedule B, Unit Price List.

g. Section G: Joint Venture (if applicable). For all Joint Ventures, the offeror shall submit:

i. If the offeror is a Joint Venture meeting the definition (1) of FAR 9.601 then the offeror shall submit a copy of the legal agreement which established the joint venture.

ii. A written narrative which outlines how the resources of each member of the partnership will affect the performance of the offeror, to include the rights of each party under the Joint Venture to represent the offeror in all matters under the solicitation and resulting contract, if awarded.

iii. A list of individual(s) under the Joint Venture who have the legal right to obligate the

Joint Venture.

(2) Volume II – Technical Proposal. This volume has different page limitations as outlined in paragraph

(12)(b)(3) above. Offeror shall submit a Technical Proposal Volume which describes how the offeror plans to complete the requirements as described in the Performance Work Statement (PWS) of this solicitation. No pricing information shall be included in the Technical Proposal. The Technical Proposal shall be specific, detailed, and complete to clearly demonstrate that the offeror has a thorough understanding of the requirement. Statements that the offeror understands, can or will comply with the PWS (including referenced publications, technical data, etc.), statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.), and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Only data submitted with this proposal shall be considered by the USG. Information incorporated by reference should not be relied upon by the offeror. The first page of the technical proposal shall identify which region or regions (North, South, West) the offeror is submitting a proposal for. If submitting a proposal for multiple regions, the offeror shall clearly indicate if statements or content of their technical proposal is specific to only a single region. The Technical Proposal shall include:

a. Section A: Subfactor 1A – Contractor Management Plan. This section shall include:

i. A plan that addresses the requirements outlined in PWS paragraph 7.7. and all its corresponding subparagraphs to include the sections outlined in subparagraph 7.7.1.

through 7.7.8. As identified in the PWS, paragraph 7.7.8. is not applicable to the North region and therefore does not need to be addressed if an offeror is proposing service only for the North region.

ii. If the offeror is proposing for the North region it shall also submit a plan that addresses the requirements outlined in PWS paragraph 7.17. If the offeror is proposing for only the South or West region it is not required to submit a plan that addresses PWS paragraph 7.17.

b. Section B: Subfactor 1B – Key Personnel. This section shall include:

i. Plan to provide Key Personnel (Program Manager, Alternate Program Manager(s), and Accountant) in accordance with PWS paragraphs 5.1.1., and 5.1.2. If the offeror is proposing only for the South or West region, it shall also include a plan to provide the Influential Leader Engagment Team in accordance with PWS paragraph 5.2. If the offeror is proposing only for the North region, it is not required to submit a plan addressing the requirements of PWS paragraph 5.2. If the offeror is proposing for either or both of the South or West region, the term “Key Personnel” is inclusive of the Influential Leader Engagement Team as it applies to this subfactor.

ii. Resume of the key personnel that substantiates the ability to read, write, speak English and their knowledge, skill, and ability to perform the required duties. The resume for the Accountant shall also substantiate the candidate’s knowledge, skills and abilities with compliance with US Generally Accepted Accounting Principles. If the offeror is proposing for either of the South or West regions, it shall provide a resume for the Team Leader for the Influential Leader Engagement Team which substantitates the knowledge, skill and ability to perform the required duties.

iii. A letter of delegation of authority which substantiates that the proposed Program

Manager and Alternate Program Manager(s) have full authority to act for the contractor on all contract matters relating to daily operation of the contract.

iv. A letter of commitment for the proposed Key Personnel which substantiates their intent to represent the contractor under the resultant contract. If the offeror is proposing for either of the South or West regions, it shall provide a letter of commitment from the Team Leader of the Influential Leader Engagement Team.

c. Section C: Subfactor 1C – Intransit Visibility (ITV) Requirements. This section shall include:

i. A plan which outlines the offeror’s approach to provide a fully operational Intransit

Visibility (ITV) solution, capable of integrating with the USG Total Asset Visibility (TAV) system while maintaining total asset visibility of all contractor assets carrying USG cargo in the Afghanistan. The plan shall identify the make and model of all transponders proposed for use under the resultant contract and include documentation that substantiates the identified transponders are compatible with the USG TAV system.

ii. A copy of the proposed agreement with the commercial transponder/airtime provider which substantiates the offeror has the ability to obtain airtime. The documentation must substantiate that the satellite airtime agreement covers the entire region for which the offeror is proposing prior to the full performance start date.

d. Section D: Subfactor 1D – Information Assurance & Cyber Security. This section shall include:

i. The offeror’s Information Assurance Report that describes their environment for adequately safeguarding DOD non-public information resident on or transiting on the contractor's unclassified information systems from unauthorized access and disclosure. Protection measures applied should consider the risks (i.e. consequences and their probability) of loss, misuse, unauthorized access, or modification of information. The report shall also address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense:

Consensus Audit Guidelines (http://www.sans.org/critical-security-controls) and be provided in accordance with the template at Appendix 3 of the PWS. Offerors may provide additional information to support their security posture.

Paragraph (c) of FAR 52.212-1 entitled “Period for acceptance of offers” is tailored to read: “The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.”

Paragraph (e) of FAR 52.212-1 entitled “Multiple Offers” is tailored to read: “The government will not consider multiple offers for each region, presenting alternate terms and conditions for satisfying the requirements of this solicitation. The Government will evaluate a maximum of one proposal from each offeror, for each region. All firms have the option of submitting a proposal covering one or more of the identified regions, North, South, or West.

An offeror’s proposal may encompass may submit a proposal for more than one region. Offerors will be cautioned to ensure compliance with the solicitation terms and conditions as it relates to the applicable region.”

Paragraph (g) of FAR 52.212-1 entitled “Contract award (not applicable to Invitation for Bids).” is tailored to read:

“The Government intends to evaluate offers and award contracts without discussions with offerors. Therefore, the offeror’s initial offer should contain the offerors most favorable terms and reflect its best possible performance potential. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.”

Paragraph (h) of FAR 52.212-1 entitled, “Multiple awards” is tailored to read: “The Government will award contract(s) resulting from this solicitation to the responsible Offeror(s), whose proposal(s) are deemed responsive to the solicitation and reflect a complete understanding of the Performance Work Statement (PWS) in the Request for Proposal, and are judged to represent technically acceptable offer(s) with the lowest prices that are fair, reasonable, and realistic. The competition approach is to issue one solicitation resulting in the award of three single-award IDIQ contracts where there is one contractor for each region.”

(End of Provision)

ATTACHMENTS

1A. Schedule B, Unit Price List (NORTH REGION) 29 MAR 2013 1B. Schedule B, Unit Price List (SOUTH REGION) 29 MAR 2013 1C. Schedule B, Unit Price List (WEST REGION) 29 MAR 2013

2. Performance Work Statement 20 MAY 2013 3A. Afghan Employment Certification (WEST and/or SOUTH) 29 MAR 2013 3B. Afghan Employment Certification (NORTH) 29 MAR 2013

4. Past Performance Questionnaire 29 MAR 2013

52.212-2

FAR 52.212-2, EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a) The following factors shall be used to evaluate offers:

Factor 1: Technical Proposal http://www.sans.org/critical-security-controls

Subfactor 1A: Contractor Management Plan Subfactor 1B: Key Personnel Subfactor 1C: In-Transit Visibility (ITV) Requirements Subfactor 1D: Information Assurance & Cyber Security

Factor 2: Cost/Price

(b) This is a competitive best value source selection in which offerors will be evaluated according to the Lowest Priced Technically Acceptable (LPTA) source selection procedures, the source selection procedures in FAR 15.101- 2, and the mandatory DOD Source Selection Procedures, Appendix A. Technical Proposals will be evaluated on an Acceptable/Unacceptable basis. Past Performance Information will be considered for each offeror and proposed sub-contractor as part of the responsibility determination as required in FAR 9.104-1. Award will be made to the Offeror who is deemed responsible and responsive whose proposal reflects a complete understanding of the Performance Work Statement (PWS) and is judged to represent the technically acceptable offer with the lowest, fair, reasonable, and realistic Total Evaluated Price (TEP) price. The Government intends to award without discussions;

however IAW FAR 15.306, the Government reserves the right to conduct discussions if necessary. If discussions are necessary, a competitive range shall be established. The competitive range may be limited for purposes of efficiency IAW FAR 15.306(c)(2) and FAR 52.215-1(f)(4). Offerors may be provided the opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors.

(c) The Government intends to award one (1) Indefinite Delivery, Indefinite Quantity (IDIQ) contract for each region. The Government shall not award multiple regions to the same offeror. The Government will establish three LPTA groupings, one for each region, based on the offerors who proposed for that region. The Government will first consider for award the West region grouping and award to the lowest priced technically acceptable offeror that bid on that region. The Government will next consider for award the North region grouping and award to the lowest priced technically acceptable offeror that bid on that region, unless that offeror was awarded the West Region, in which case the Government will award to the next lowest priced technically acceptable offeror that bid the North region. The Government will then consider for award the South region grouping and award to lowest priced technically acceptable offeror that bid on that region, unless that offeror was awarded a contract for the West or North region, in which case the Government will award to the next lowest priced technically acceptable offeror that bid the West region. For example, if an offeror proposes for multiple regions and the offeror is awarded the West region, it will not be eligible for the neither the North or the South. However, in a situation where an offeror is LPTA offeror in more than one region grouping, the Government retains the sole discretion to determine which region the offeror will be awarded. This determination will be based on which combination of awardees will produce the lowest price to the Government across all three regions.

(d) All proposals shall be evaluated for responsiveness to the solicitation. Failure of an offeror’s proposal to meet any requirement of the RFP may result in the offeror being eliminated from further consideration.

(e) The government technical evaluation team shall evaluate the technical proposals at the subfactor level on an acceptable/unacceptable basis, assigning ratings of Acceptable or Unacceptable. Once deemed acceptable, all technical proposals are considered equal. The following definitions apply:

RATING DEFINITION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

(f) Factor 1 – Technical Proposal. The proposal shall be evaluated against the following subfactors:

(1) Subfactor 1A, Contractor Management Plan – To be rated acceptable, the offeror demonstrates a realistic and acceptable management plan which addressed the requirements outlined in PWS paragraph 7.7. and its corresponding subparagraphs for acceptable business standards, organizational structure, operational effectiveness, dispatch plan, pilferage prevention plan, quality control plan, and organizational conflict of interest, and influential leader engagement plan. If the offeror is proposing only for the North region, the influential leader engagement plan is not required. If proposing for the North region, the offeror must also demonstrate a realistic and acceptable subcontracting plan which addressed the requirements outlined in PWS paragraph 7.17.

(2) Subfactor 1B, Key Personnel – To be rated acceptable, the offeror demonstrates the ability to provide Key Personnel IAW PWS paragraphs 5.1.1., and 5.1.2. Additionally, if the offeror is proposing on either or both the South or West region, the offeror must also demonstrate the ability to provide Key Personnel IAW paragraph 5.2. The standard is met when the offeror’s proposal:

a. Substantiates the Program Manager, Alternate Program Manager(s), and Accountant, have the ability to read, write, and speak English and perform the applicable responsibilities;

b. If the offeror is proposing on either or both the South or the West region, proposal substantiates the Team Leader for the Influential Leader Engagement Team’s ability to perform the applicable responsibilities;

c. Substantiate the Accountant’s ability to comply with US Generally Accepted Accounting Principles (GAAP);

d. Substantiates the Program Manager’s and Alternate Program Manager(s)’s full authority to act for the contractor on all contract matters relating to daily operations of this contract; and,

e. Substantiates the key personnel’s’ intentions to represent the contractor under the resultant contract (including the Team Leader for the Influential Leader Engagement Team personnel if the offeror is proposing on either or both the South or the West region).

(3) Subfactor 1C, ITV Requirements – To be rated acceptable, the offeror demonstrates the ability to provide a fully operational ITV solution, capable of integrating with the existing USG Total Asset Visibility (TAV) system. The proposed solution shall be in accordance with PWS paragraph 4.7. and its corresponding subparagraphs. The standard is met when the offeror’s proposal:

a. Substantiates the offeror’s proposed ITV transponder solution is capable of integration with the existing UST TAV system and meets the ITV requirements of the PWS prior to the performance start date;

b. Substantiates the offeror has the ability to obtain a commercial transponder GPS airtime agreement capable of performance in the entire Afghan region for which the offeror is proposing to provide service (e.g. North, South, West) prior to the contract start date.

(4) Subfactor 1D, Information Assurance & Cyber Security – To be rated acceptable, the offeror must submit an Information Assurance Report IAW PWS paragraph 7.18.1. that describes their environment for adequately safeguarding DOD non-public information resident on or transiting on the contractor's unclassified information systems from unauthorized access and disclosure AND address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls) identified in PWS appendix 3.

(g) Factor 2 – Cost/Price.

(1) The Government shall conduct an evaluation of the offeror’s prices, at the unit price level and then at the Total Evaluated Price (TEP) level for each region, independently and in accordance with FAR clause 52.212-2 Evaluation – Commercial Items and FAR 15.404-1(b), Price Analysis. Each offeror’s proposed prices will be evaluated for fairness, reasonableness, and realism using one or more of the techniques set forth in FAR 15.404-1(b)(2). Reasonableness shall be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate.

Realism shall be based on an evaluation of prices to determine if the offeror clearly understands the requirements as demonstrated in its proposed approach. Any proposal that contains either unit or TEP prices that are not fair, reasonable, or realistic are subject to removal from the competition.

http://www.sans.org/critical-security-controls

(2) If the unit prices are determined fair, reasonable, and realistic, then the Government will evaluate the offerors’ Total Evaluated Price (TEP) for fairness, reasonableness, and realism. The TEP is the summation of the unit extended prices for each line item for each region for the base year and each option period. The extended prices for each line item is determined by multiplying the offerors’ proposed rates by the corresponding estimated volume. Evaluation of option year prices shall not obligate the Government to exercise the option(s).

(3) The offerors’ proposed prices shall be effective for the base year and all option years. The

Government will evaluate offers for award purposes by adding the total price for all options, including the six-month extension option period under the Option to Extend Services clause which will be evaluated at the rates included in the contract for the last year of performance (Option Period 2).

(4) For evaluation purposes, all rates and TEPs will be converted to USD according to the exchange rate of

$1 to 51.8000 Afghani, current as of 31 December 2012 as reported at www.fms.treas.gov/intn.html#rates.

(h) The Government will evaluate prospective contractors for responsibility in accordance with FAR 9.1. To be determined responsible, the prospective contractor shall:

(1) Have adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a));

(2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(3) Have a satisfactory performance record (see FAR 9.104-3(b) and FAR subpart 42.15). An offeror shall not be determined responsible or nonresponsible solely on the basis of a lack relevant performance history, except as provided in FAR 9.104-2:

a. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible, unless the contracting officer determines that the circumstances were properly beyond the contractor’s control, or that the contractor has taken appropriate corrective action.

b. Past failure to apply sufficient tenacity and perseverance to perform acceptable is strong evidence of nonresponsibility. Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance.

c. Past performance regarding principal subcontractors will be rated the same (equally as important) as the past performance information for the offeror.

(4) Have a satisfactory record of integrity and business ethics;

(5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (See FAR 9.104-3(a));

(6) Have the necessary equipment and facilities, or the ability to obtain them (See FAR 9.104-3(a)); and

(7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(i) The Government shall award up to one contract for each region, North, South, and West, who are determined to be responsible, technically acceptable, and offering the lowest TEP with a fair, reasonable, and realistic prices.

(j) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror(s) within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

http://www.fms.treas.gov/intn.html#rates

(End of Provision)

(End of Summary of Changes)