Atch_1_-_FAR_Part_12_Instructions_to_Offerors_ _Evaluation_.pdf

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

Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with paragraph“ (b) Proposal

Preparation Instructions” below.

Paragraph (c) entitled “Period of acceptance of offers” is tailored to read: The Government requires a minimum of

150 calendar days for acceptance of offers submitted in response to this solicitation.”

Paragraph (e) entitled “Multiple Offers” is tailored to read: “The government will not consider multiple offers presenting alternate terms and conditions for satisfying the requirements of this solicitation.”

Paragraph (g) entitled “Contract award (not applicable to Invitation for Bids).” Is tailored to read: “The

Government intends to evaluate each requirement and award a single contract without discussions with offerors.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

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) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract for each requirement using a “call for proposals” under this master solicitation. Unless otherwise provided in the

Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.”

Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in writing to:

USTRANSCOM/TCAQ-R

ATTN: William Henderson and William Fugate

508 Scott Drive

Scott AFB IL 62225-5357 or William.r.henderson12.civ@mail.mil and William.Fugate.h.fugate4.civ@mail.mil

The request should be in the following format:

Reference: Section ___, Page ____, Paragraph ____

Question: ____________________________________.

Written questions will be answered in writing and provided to all offerors via a posting to FedBizOpps. However, due to the time required to research a question and provide an answer, questions received less than 14 calendar days prior to the due date of offers specified in this solicitation may not be answered. Solicitation changes will be made via amendment and posted to FedBiz Ops.

(b) PROPOSAL PREPARATION INSTRUCTIONS

General Information

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and mailto:William.r.henderson12.civ@mail.mil mailto:William.Fugate.h.fugate4.civ@mail.mil certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award.

The contracting officer has determined there is a high probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

1. This Master Solicitation will become effective on the date in block 6 of the SF1449 and will remain open for three years from the effective date and port specific calls will be used to solicit individual requirements.

Offerors are permitted to submit any information in advance of a particular port requirement being posted to

FedBiz Ops, however, are not required to submit information until the due date specified in each specific requirement. Offerors are required to submit an original and two copies of the proposal, as well as CD ROM including all parts of the proposal by the due date specified in each specific requirement. Each hard copy proposal shall be bound in a three-ring loose leaf binder tabbed to separate each individual “Part” of the proposal identified below. Staples shall not be used. A cover sheet shall be applied to each binder, clearly marked as original, copy number 1 or 2, RFP number, Call number, and offeror's name. The same identifying data shall be placed on the spine of each binder to facilitate rapid accountability when placed on a shelf in a vertical position. All documents provided by email shall be Adobe PDF files except the pricing proposal which shall be in Microsoft Excel format with an .xlsx file extension.

2. Proposals shall be submitted on 8 ½ by 11 inch paper with no less than one inch margins on all sides. Times

New Roman 12 point font shall be used except for figures, tables, and diagrams where smaller is acceptable as long as it is readable. If proposals are double-sided, each side will count as one page for page limitation purposes. The maximum page limit for each part includes all text pages, tables, graphs, and other types of illustrative material. Table of contents do not count against the page limits for the respective parts. Excess pages exceeding the maximum limits will not be read or considered in the evaluation.

3. Proposals shall be tabbed and include the following:

A. Contract Documentation (Submit one original)

B. Part I – Technical Proposal (Submit original and two copies)

C. Part II – Price Proposal (Submit original and two copies)

4. Instructions for submitting Contract Documentation, Parts I and II are as follows:

A. Contract Documentation

(1) This part shall consist of a cover page which contains the name, title, telephone number, and email address of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

(2) Complete blocks 1, 17a, and 30a, b and c of the Master Solicitation SF 1449. In addition include any signed amendments to the Master Solicitation, if applicable. Also, provide a signed document acknowledging the port specific “call” for proposals and any amendments , if applicable. In doing so, the offeror accedes to the contract terms and conditions as written in Master Solicitation and

“call” for proposals, with attachments. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept. Block 17b – if remittance address is different, such address must be registered in the System for Award Management (SAM) database.

(3) Provide company/division’s street address, county and facility code; CAGE code; DUNS code; and size of business (large or small).

(4) Acknowledgement of Solicitation and Call Amendments (if any).

(5) Representations and Certifications may be submitted online using SAM at https://www.sam.gov OR may be submitted manually and included in the Technical Proposal.

(6) Appropriate documentary evidence (i.e. Licensure, written authorization from the Port Authority, or other documentation that the offeror or its intended subcontractor(s) is authorized to perform the required services at the location(s) to include:

a. Proof of current certification of at least two (2) proposed personnel trained and tested in handling Hazardous Materials per the requirements of the Code of Federal Regulation (CFR)

Title 49, Section 172.702, and proof of at least two (2) proposed personnel who have completed current basic rigging school that meets or exceeds Occupational Safety and Health

Administration (OSHA) qualification standards as specific in Appendix A of the “call” specific

PWS.

(7) Past Performance Information

a. Offerors shall include with their proposal a list of relevant present/past performance efforts or contracts completed during the past three (3) years. The list shall be limited to three (3) efforts or contracts. Include the following information for each effort or contract. NOTE: “Relevant present/past performance efforts or contracts” is defined as Stevedoring and Related Terminal

Services that are similar or greater in scope, magnitude, and complexity this solicitation requires.

NOTE: Also include a reference to this solicitation number.

1. Name and address of the contracting activity (buying and administrative)

2. Contracting Officer – Include a verified email, phone and fax number

3. Contract Manager – Include a verified email, phone and fax number

4. Contract Number

5. Contract Type (Firm-Fixed Price, Cost Reimbursement, IDIQ, etc.)

6. Total contract value including option years

7. Description of work performed

8. Performance Period – Base Year and number of Option Years

9. Problems and Corrective Actions – The offeror shall include information on problems encountered and corrective actions taken on all contracts. Include a brief description of any dispute/claim. Be specific in identifying the problem and resolution.

B. Part I – Technical Proposal. Technical Proposals shall be clear, concise, and include sufficient detail for effective evaluation against factors defined in 52.212-2 of this solicitation. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet the requirements of the “call” specific PWS. Statements that the offeror understands, can, or will comply with the “call” specific PWS; statements paraphrasing the “call” specific

PWS or parts thereof; and phrases such as “standard procedures will be employed’ or “well know techniques will be used,” etc., will be considered unacceptable. Offerors shall assume the Government has no prior knowledge of their experience, and will base its evaluation on the information presented in the proposal. The technical proposal shall address the following subfactors:

(1) Technical Subfactor 1 – Technical Approach. Offeror shall describe its approach for achieving the objectives of “call” specific PWS Paragraphs 3.0 Safety, 4.0 Contract Administration, 5.0 Contractor

General Requirements and 6.0 Terminal Specific Requirements: Responses to this subfactor shall be limited to no more than 25 pages (Note: a single side is considered one page).

https://www.sam.gov/

(2) Technical Subfactor 2 – Small Business (SB) Subcontracting Plan (Applies to Large Businesses Only).

Offerors shall submit a Small Business Subcontracting Plan IAW FAR 19.7, FAR 52.219-9, DFARS

219.7, and DFARS 252.219-7003 (see Attachment 2, SB Subcontracting Plan Template). The following recommended subcontracting goals are based on minimum statutory goals and DoD subcontracting goals identified at DOD subcontracting goals identified at http://www.sba.gov/sites/default/files/files/FY2014%20Final%20Agency%20Goals%20Spreadsheet.p df to provide assistance in development of SB Subcontracting Plan target goals.

Small Business (SB) 37% of total domestic subcontracting dollars

Small Disadvantaged Business (SDB) 5% of total domestic subcontracting dollars

Veteran Owned SB (includes SDVOSB) 4% of total domestic subcontracting dollars

Service Disabled Veteran Owned SB (SDVOSB) 3% of total domestic subcontracting dollars

HUBZone 3% of total domestic subcontracting dollars

Woman Owned Small Business (WOSB) 3% of total domestic subcontracting dollars

(3) Technical Subfactor 3 - Small Business Utilization Plan (Applies to Small Businesses Only). The offeror shall submit a Small Business Utilization Plan which identifies the offeror’s approach to utilizing small business concerns (Small Business, Small Disadvantaged Business, Women-

Owned Small Business, HUBZone Small Business, Veteran-Owned Small Business, Service-

Disabled Veteran Owned Small Business, Historically Black Colleges or Universities and

Minority Institutions and other) in the performance of this contract to the maximum extent practicable. In describing its SB Utilization Strategy, the offeror shall:

a) Describe the extent of participation of SB concerns under this contract by providing a description of services to be performed by the offeror and any small business concerns proposed.

b) Provide total proposed domestic contract value (projected for this contract) and goals, expressed as dollars and percentages, of the value of work to be performed (to include supplies) for the offeror and each concern in the format depicted below:

Offeror Name

Total Proposed Domestic Contract Value

(including options) “A”

$ A

$ Value to be Performed

% of Total Domestic

Contract Value

Large Business “C” B (B / A)*100

Small Business (SB) Concern and Subcategories:

$ Value to be Performed

% of Total Domestic

Contract Value

Small Business (do not incorporate subcategories) C (C / A)*100

Small Disadvantaged Business (SDB) D (D / A)*100 http://www.sba.gov/sites/default/files/files/FY2014%20Final%20Agency%20Goals%20Spreadsheet.pdf http://www.sba.gov/sites/default/files/files/FY2014%20Final%20Agency%20Goals%20Spreadsheet.pdf

Women-Owned SB (WOSB) E (E / A)*100

HUBZone SB F (F / A)*100

Veteran-Owned SB (VOSB) G (G / A)*100

Service-Disabled VOSB (SDVOSB) H (H / A)*100

Historically Black Colleges or Universities and

Minority Institutions

I (I / A)*100

Other J (J / A)*100

Total ($ Value should equal “A”) 100%

(4) Technical Subfactor 4 – Information Assurance & Cyber Security. The offeror shall submit an

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 Attachment 3. Offerors may provide additional information to support their security posture. Responses to this subfactor shall be limited to no more than 10 pages (Note: a single side is considered one page).

C. Part II – Price Proposal

(1) Port Location Schedule of Rates (unique attachment provided with each individual “call” against the

Master Solicitation) . The offeror shall input unit pricing rates and productivity rates for all items highlighted yellow. If offeror intends to offer a service at no charge, $0 shall be inserted in the applicable cell. The Excel (.xlsx) spreadsheets will then auto-populate total prices for each period, to include a one-year base period, four one-year option periods, and the six month extension of services

(CLIN(s) 0001, 1001, 2001, 3001, 4001). Unit pricing for Loading and Unloading of Vessels and

Conveyances, Man-hour Schedules, and Equipment Rental are to be included for the base and each option period, to include the six month extension of services. In addition, the price proposal shall include the following information:

a) Number and type of labor categories IAW the schedules and commodities proposed, with fully burdened rates and number (QTY) per category per shift.

b) Basis for the proposed labor rates (e.g. union agreements)

c) Any applied discounts, overheads, or escalation factors.

d) If applicable, information for subcontracted/joint venture pricing

(2) All prices submitted shall be entered to the nearest cent.

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

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) The Government intends to award one contract for each requirement using a “call for proposals” under this master solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered: The following factors shall be used to evaluate offers:

A. Technical (Acceptable/Unacceptable)

(1) Subfactor 1 – Technical Approach

(2) Subfactor 2 – Small Business Subcontracting Plan (Large Business Only)

(3) Subfactor 3 – Small Business Utilization Plan (Small Business Only)

(4) Subfactor 4 – Information Assurance & Cyber Security

B. Price

(b) Options. The government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror 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.

ADDENDUM TO 52.212-2:

(d) Basis for contract award - This acquisition is being conducted under FAR Part’s 12, Acquisition of Commercial

Items, Subpart 12.6 and Part 15, Contracting by Negotiation of the Federal Acquisition Regulation (FAR). Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this addendum.

Non compliance may be grounds to eliminate the proposal from consideration for contract award. Award will be made on the basis of lowest evaluated price of the proposal whose technical proposal is rated “acceptable”. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To

Offerors, the offeror agrees to the terms of this solicitation. Each offeror’s past performance will be considered in the Government’s responsibility determination for that offeror. Each offeror’s responsibility will be determined

IAW the criteria specified in FAR 9.104-1.

Specifically the evaluation process shall proceed as follows: First, the proposals will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP). The lowest ranked TEP offeror's Technical proposal will then be evaluated and receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the

Technical proposal must meet the Government's minimum requirements. Proposals deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest ranked offeror’s Technical proposal is rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more techniques set forth in FAR 15.404-1(b)(2). The Government will review the prices proposed in the “call” specific Port Location Schedule of Rates (Excel (.xlsx) spreadsheet) to determine if unbalanced pricing exists IAW FAR 15.404-1(g). If proposed prices are unbalanced, this will be noted and the risk and will be considered in making the source selection decision. IAW FAR 15.404-1(g)(3), if the lack of balance poses an unacceptable risk to the Government, the offer may be rejected and not considered further for award. If the lowest ranked TEP offeror is judged to have an acceptable technical proposal and fair and reasonable prices, and balanced pricing (or if unbalanced pricing exists that it does not pose a unacceptable risk), the

Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value for the Government.

Award shall be made to that offeror without further consideration of any other offers.

If due to unbalanced pricing the lowest ranked TEP offeror poses unacceptable risk, or if the technical volume is assigned an unacceptable rating, or if the offeror is found to be non-responsible the next lowest ranked TEP offer will be evaluated. This process will continue (in order of ascending TEP) until an offeror is judged to have an acceptable technical rating, fair and reasonable prices, balanced pricing (or if unbalanced pricing exists that it does not pose an unacceptable risk), and the offeor is deemed responsible or until all offers have been evaluated. The

Source Selection Authority will determine whether it is in the Government's best interest to award without discussions or enter into discussions. If the SSA determines to enter into discussions, the source selection team will complete the discussion process, request final proposal revisions, and document final evaluation results IAW DOD

Source selection procedures. After the evaluation of the final proposal revisions the SSA will make a selection of the best-value proposal consistent with the stated evaluation criteria.

(e) The Government reserves the right to award no contract at all depending on the quality of the proposals submitted and availability of funds for each port location requirement. The Government intends to evaluate proposals and award a single IDIQ contract for each requirement without requesting or accepting revised proposals.

Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the proposals and hold discussions, as allowable under FAR Part 15 procedures.

1. The following factors shall be used to evaluate offers:

A. Factor I: Technical. Each offeror’s Technical Proposal will be evaluated as Acceptable or Unacceptable at the subfactor level, as defined below.

RATING DESCRIPTION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

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

If any technical subfactor is rated as Unacceptable, the overall technical rating will be Unacceptable. If all technical subfactors are rated as Acceptable, then the overall technical rating will be Acceptable. Offeror’s proposals must receive a rating of Acceptable for all of the following technical subfactors in order to be considered for award:

(1) Subfactor 1 – Technical Approach. To be rated Acceptable, the offeror must provide a Technical

Approach which clearly describes how the offeror will achieve the objectives of the “call” specific PWS sections 3.0 Safety, 4.0 Contract Administration, 5.0 Contractor General Requirements and 6.0 Terminal

Specific Requirements. When evaluating the Offeror’s Technical Approach, the Government will determine if:

a) The approach demonstrates the offeror’s capabilities to successfully conduct loading and unloading of cargo from vessels, timely receipt and disposition of cargo, international transfers, successful container management execution, conduct yard management and staging, maintain accountability and tracking of all DoD cargo offered for shipment with minimal discrepancies, generate accurate stow plans and other related documents, monitor leasing and detention/demurrage charges and handle loss and damage reporting in a timely manner in accordance with the “call” specific PWS.

b) The approach demonstrates the offeror’s ability to access all equipment (within 72 hour notice) necessary to conduct operations and the ability to handle multiple classes of supply.

c) The approach demonstrates the offeror’s ability to discharge inoperable/deadline equipment from vessels. Offeror’s proposal provides information (e.g., manufacturer’s specifications, test results, vendor certification) validating that its heavy tow equipment has the capacity and ability to retrieve deadline, inoperable, track-off and wheeled vehicles up to the weight specified in the “call” specific

PWS on and off vessels with deck clearance as low that specified in the “call” specific PWS.

d) The approach includes a written safety plan that demonstrates knowledge of all required safety procedures and standards.

(2) Subfactor 2 - Small Business Subcontracting Plan (Applies to Large Businesses Only). To be rated acceptable, the offeror’s proposed SB Subcontracting Plan must meet all of the requirements in FAR 19.7 and provide sufficient detail to demonstrate how the offeror intends to meet the proposed contract SB subcontracting goals. The information contained in the proposed SB Subcontracting Plan must appear to be realistic based on the types of services to be subcontracted. Prior achievement of small business subcontracting goals or other sources available to the Government may be considered to determine if proposed goals are realistic.

(3) Subfactor 3 – Small Business Utilization Plan. (Applies to Small Businesses Only). To be rated acceptable, the offeror’s proposed SB Utilization Plan:

a) Describes the extent of participation of SB concerns under this contract and provides a description of the services to be performed by the offeror and any small business concerns proposed. The extent of participation and description appears to be realistic.

b) Provides goals, expressed as dollars and percentages of total contract values and dollars and percentages of total domestic subcontracting values for the small business concerns (including the offeror) proposed. The goals appear to be realistic based on the services to be performed under the contract.

(5) Subfactor 4 – Information Assurance & Cyber Security. To be rated Acceptable, the offeror must submit an

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 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).

B. Factor II: Price.

(1) Completion of the pricing schedule will require the user to have good working knowledge of the Microsoft

Excel program. The Offeror shall complete and submit the Schedule of Rates Sheets. The price proposal shall be submitted on a disk and contain no hidden formulas or external links. The disk should be finalized to be readable on any reader. The Government will utilize the Port Location Schedule of Rates (.xlsx) spreadsheet to capture pricing and to calculate the Total Evaluated Price (TEP) for evaluation and award purposes. Thus, the total TEP is calculated using the rates proposed in all tabs where proposed unit pricing is required, for the base and all option periods, to include the 6 month extension of services. The summation of the base, all option years, and the six month extension of services will constitute the TEP. Offeror will be considered ineligible for award if all required pricing is not complete.

(2) For commodity rates, offerors are required to insert the Per Hour Productivity Level for each line item number (i.e., the amount of Measurement Tons (MT) or number of pieces the contractor is expected to load or discharge each hour). Example: 50 in the Per Hour Prod field for General Cargo would indicate the contractor is saying they will load 50 MT per hour. For fields where Unit Measure is EA (Each) the contractor must enter the amount of that commodity they expect to load/discharge each hour.

(3) Each offeror is required to provide data to explain a complete breakdown of the development of each unit price. This supplemental shall include as a minimum:

(a) a breakdown of proposed Gang Cost or other labor estimate used to develop commodity rates, including number and types of labor, wage rates, fringe benefits, payroll taxes and insurance and http://www.sans.org/critical-security-controls proposed amounts of gear and equipment, overhead, general and administrative (G&A) expenses, and profit, as applicable.

(b) a detailed description of the method(s) used to calculate commodity rates, including applicable productivity/units per hour for each commodity.

(c) a breakdown of proposed man-hour rates, including wages fringe benefits, payroll taxes and insurance, and proposed amounts for overhead, general and administrative (G&A) and profit, as applicable.

This information shall be utilized by the Government to analyze offeror’s rates. Upon contract award, this data will form the basis for any price adjustments pursuant to the Revision of Prices clause, DFARS 252.247-7002, and, as such, must provide the means of determining the application of any requested adjustments and calculating the revised unit prices.

(4) In order to be considered for award, the offeror’s TEP must be determined fair and reasonable using one or more techniques set forth in FAR 15.404-1(b)(2).