ILS Vendor Install_Section L_Final.docx

PART IV – SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS Screening for Information Request (SIR) 693KA8-24-R-00024

L.1. Administrative Point of Contact

The Contracting Officer (CO) is the sole point of contact for the acquisition. All questions or concerns must be addressed to the Contracting Officers listed below:

Richard J. Simons and Haben Woldemichael, AAQ-340 800 Independence Ave SW Washington, DC 20591

Email: Richard.J.simons@faa.gov Email: Haben.woldemichael@faa.gov

L.2. AMS 3.1.1 Clauses and Provisions Incorporated by Reference (July 2019)

This Screening Information Request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in the full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via the Internet at https://fast.faa.gov/contractclauses.cfm.

(End of Clause)

L.2.1. AMS Clauses and Provisions in Full Text

AMS 3.2.2.3-15 Authorized Negotiators (April 2024) The offeror states that the following persons are authorized to negotiate on the offeror’s behalf with the FAA in connection with this offer:

Name:______________________________________________ Title:_______________________________________________ Phone number:_______________________________________ Email:______________________________________________ (End of provision)

AMS 3.2.2.3-16 Restricting, Disclosing, and Using Data (April 2024) If the offeror includes data in the offer that the offeror does not want to be disclosed to the public or for the FAA to use except for evaluation purposes-

(a) Mark the title page with the following legend: “This offer includes data that must not be (1) disclosed outside the FAA and (2) duplicated, used, or disclosed -in whole or in part- for any purpose other than to evaluate this offer.”

(b) Contracts awarded as a result of this SIR are subject to the disclosure requirements specified in this SIR. This restriction does not limit the FAA’s right to use information from another source that may be contained in the offer.

(c) Use the following space to identify the pages containing the restricted data:

Numbers or other identification of pages:

(d) Mark each page the offeror wants to restrict with the following legend: “Using or disclosing data contained on this page is subject to the restriction on the title page of this offer.”

(End of provision) AMS 3.2.2.3-20 Offers (January 2018)

The Offeror (you) must submit responses to this SIR by the following electronic means:

(a) Richard.J.simons@faa.gov and Haben.woldemichael@faa.gov. Your offer must arrive by the time specified in the SIR.

(b) Such offers must refer to this SIR and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required, and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.

(c) We may decline to consider offers that do not include the required information or reject any of the terms, conditions, and provisions of the SIR.

(d) Send your offer to Richard.J.simons@faa.gov and haben.woldemichael@faa.gov

(e) We will not be responsible for any failure attributable to transmitting or receiving the offer unless it falls under section (a) of AMS provision 3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of Submittals.

(End of provision)

AMS 3.2.2.3-22 Period for Acceptance of Offer (October 2014) The offeror agrees that if this offer is accepted by the FAA within 270 calendar days from the date the SIR specifies for receiving offers, then the offeror will provide all items, at their offered prices, delivered to the designated point(s), within the time specified in the Schedule.

(End of provision) AMS 3.2.2.3-38 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data (Alternate II) (January 2022)

(a) The FAA does not require a submission of certified cost or pricing data.

(b) The offeror must provide the following data:

1. Please see the requirements in Section L.5.2.4 (Volume IV) (End of clause) AMS 3.2.4-1 Type of Contract (April 1996)

The FAA contemplates the award of up to three hybrid firm fixed price (FFP) and Cost Reimbursable (CR) contracts, with one potentially being a Small Business Set-Aside if determined technically acceptable, resulting from this Screening Information Request (SIR).

(End of provision)

AMS 3.6.1-17 North American Industry Classification System (NAICS) Code (October 2022) The North American Industry Classification System (NAICS) code for this procurement is: 237130, Power and Communication Line and Related Structures Construction.

The small business size standard as defined by the Small Business Administration (SBA) is the following:

For NAICS codes based on SBA’s calculation of annual receipts, the annual average receipts cannot exceed $39.5M.

For NAICS codes based on the number of employees, the average number of employees over the last 24-month period cannot exceed N/A.

(End of provision) AMS 3.9.1-3 Protest (April 2024) AS A CONDITION OF SUBMITTING AN OFFER OR RESPONSE TO THIS SIR (OR OTHER SOLICITATION, IF APPROPRIATE), THE OFFEROR OR POTENTIAL OFFEROR AGREES TO BE BOUND BY THE FOLLOWING PROVISIONS RELATING TO PROTESTS:

(a) Protests concerning Federal Aviation Administration Screening Information Requests (SIRs) or awards of contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted.

(b) Offerors initially should attempt to resolve any issues concerning potential protests with the Contracting Officer. The Contracting Officer should make reasonable efforts to answer questions promptly and completely, and, where possible, to resolve concerns or controversies. The protest time limitations, however, will not be extended by attempts to resolve a potential protest with the Contracting Officer.

(c) The filing of a protest with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile or if permitted by order of the ODRA, by electronic filing. A protest is considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.

(d) Only an interested party may file a protest. An interested party is one whose direct economic interest has been or would be affected by the award or failure to award an FAA contract. Proposed subcontractors are not "interested parties" within this definition.

(e) A written protest must be filed with the ODRA within the times set forth below, or the protest shall be dismissed as untimely:

(1) Protests based upon alleged improprieties in a solicitation or a SIR that are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for the receipt of initial proposals.

(2) In procurements where proposals are requested, alleged improprieties that do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, must be protested not later than the next closing time for receipt of proposals following the incorporation.

(3) For protests other than those related to alleged solicitation improprieties, the protest must be filed on the later of the following two dates:

(i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or

(ii) If the protester has requested a post-award debriefing from the FAA Product Team, not later than five (5) business days after the date on which the Product Team holds that debriefing.

(f) Protests shall be filed at:

(1) For filing by hand delivery, courier or other form of in-person delivery:

Office of Dispute Resolution for Acquisition Federal Aviation Administration 600 Independence Avenue SW., Room 2W100 Washington, DC 20591; or For filing by U.S. Mail:

Office of Dispute Resolution for Acquisition Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 [Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or

Telephone: (202) 267-3290 Facsimile: (202) 267-3720 Alternate Facsimile: (202) 267-1293; or

(2) Other address as specified in 14 CFR Part 17.

(g) At the same time as filing the protest with the ODRA, the protester shall serve a copy of the protest on the Contracting Officer and any other official designated in the SIR for receipt of protests by means reasonably calculated to be received by the Contracting Officer on the same day as it is to be received by the ODRA. The protest shall include a signed statement from the protester, certifying to the ODRA the manner of service, date, and time when a copy of the protest was served on the Contracting Officer and other designated official(s).

(h) Additional information and guidance about the ODRA dispute resolution process for protests can be found on the ODRA Website at http://www.faa.gov.

(End of provision) L.3. General Instructions

L.3.1. Number of Awards

The FAA anticipates making multiple awards resulting from this Screening Information Request (SIR) up to three awardees. To be eligible for the award, an Offeror must meet all requirements of the SIR. The FAA reserves the right to award multiple contracts, a single contract, or not to make an award.

One of the awards will be set aside for a small business if a small business is determined technically acceptable.

L.3.2. Award without Communications

The FAA reserves the right to award a contract without communication after evaluating initial written submissions. The FAA also reserves the right to conduct Offeror-specific communications, to communicate with more than one or all offerors, and to permit Offerors to revise their proposals if the CO deems these measures appropriate and in the FAA's best interest.

L.3.3. Notification of Award and Debriefing of Unsuccessful Offerors

Written notice of award to unsuccessful Offerors will be provided within three (3) business days of contract award. Successful or unsuccessful Offerors may request a debriefing by delivering a written request to the CO within three (3) business days after receiving the notice of award. Debriefing will be conducted only after the completion of source selection activities, and the contract is awarded. All Offerors who notify the CO within three (3) business days of receipt of the award notification are entitled to a debriefing.

L.3.4. Compliance with Instructions

a) Offerors must comply with all instructions in Section L. Failure to comply with the instructions may determine that the Offeror's proposal is non-compliant and may be excluded from further consideration. This determination will be made at the sole discretion of the FAA. Proposals must conform to all incorporated AMS clauses and provisions. Proposals must be clearly and concisely written, neat, indexed (cross-indexed, as appropriate), and logically assembled. All material submitted should be directly pertinent to the requirements of this SIR.

b) General statements that the Offeror understands the requirements of the work to be performed or simple rephrasing or restating of the FAA’s requirements will not be considered adequate. They will result in lower evaluation scores or cause the proposal to be rejected.

c) It is the Offeror’s responsibility to ensure the completeness of its proposal. The Government will evaluate proposals based on the information contained in the written proposal. The Government will also assess any information arising from communications with Offerors and past performance information received from other sources, if any. The Government will not assume that an Offeror possesses any capabilities not specified in the proposal.

d) In accordance with AMS clause 3.2.2.3-16, “Restricting, Disclosing, and Using Data (April 2024), the Offeror must mark any data that may contain trade secrets, copyright data, or financial information that the Offeror or proposed team members do not want to be disclosed for any purpose other than the evaluation of the proposal.”

e) For the purposes of this SIR, “team” and “team member” are defined in accordance with AMS Clause 3.2.2.7-8, Disclosure of Teaming Arrangements (April 2008).

f) The proposal must be signed by an official legally authorized to obligate the Offeror to a contract.

g) All proposals will be screened initially for completeness and accuracy. The FAA may eliminate Offerors whose proposals do not meet all initial screening criteria.

L.3.5. Expenses Related to Offeror Submissions

The FAA will not pay for the information solicited. The FAA will not reimburse the Offerors for any costs incurred in preparing or submitting any response to this SIR. The FAA will not reimburse the costs of any studies or designs undertaken by Offerors in preparation for any response. The FAA will not pay for any costs to acquire or subcontract any services or products relating to the offer under this SIR. Furthermore, no pre-contract costs will be allowed on this contract. Pre-contract costs are defined as any costs incurred at the Offeror’s risk, anticipating that any such costs may later be charged to any resulting contract.

L.3.6. Alternate Proposals

Offerors are invited to submit one and only one proposal as the Prime Offeror. Submitting more than one proposal per Offeror will be considered an alternate proposal. Alternate proposals from the same Offeror will neither be accepted nor considered.

L.3.7. Disposition of Proposals

Proposals will not be returned. A copy of the proposal will be retained in the official contract file, and the remaining copies will be destroyed or deleted.

L.3.8. SIR Questions, Concerns, and Clarifications

The Contracting Officer (CO) is this acquisition's sole point of contact. Offerors must direct general questions, concerns, and clarifications to the CO listed in Section L.1. All Offeror questions, concerns, and clarification requests specific to the SIR must be made in writing and submitted to the CO via email not later than 5:00 PM Eastern Time on September 10, 2024.

Electronic submission of questions and comments must be submitted to Richard.J.simons@faa.gov and haben.woldemichael@faa.gov. Electronic mail attachments, if included, must be prepared using Microsoft Office Products. When submitting questions and comments, please refer to the specific text of the SIR in the following format:

Subject: SIR No. 693KA8-24-R-00024

L.3.9. Participation in Multiple Teams

As stated in Section L.3.6, Offerors are invited to submit one and only one proposal as the Prime Offeror. Alternate proposals from the same Offeror as the Prime will neither be accepted nor considered.

A company may participate on multiple teams for this competition; for example, a company may be proposed as a supporting team member on more than one Prime offer in response to this SIR.

L.3.10. Non-Government Personnel Participation

Offerors are advised that individuals from support-contractor organizations (including employees, consultants, and teams) may participate in evaluating proposals and will not be eligible to participate on an ILS Offeror team. The FAA currently intends to use the following support contractors:

The FAA reserves the right to include other support contractors. Individuals employed by these firms will be required to sign nondisclosure agreements (NDAs) and Conflict of Interest Disclosure Forms before the evaluation process begins and will be authorized to access only those portions of the proposal data, communications, and evaluation materials that are necessary to enable them to provide the required support. If an Offeror objects to disclosing information to these non-government individuals, it must notify the CO in writing no later than 30 calendar days after SIR release and include a detailed statement with the basis of the objection. The exclusive responsibility for source selection remains with the FAA.

L.4. Proposal Submission and Delivery Instructions

L.4.1. Volume Submission and Projected Acquisition Milestones

The following acquisition milestones are provided for informational purposes only and are subject to change. The projected dates for milestones for the procurement are:

Table L-1 Procurement Schedule

L.4.2. Place, Date, and Time for Submission of Proposals

Offerors must submit SIR Volumes I-V to the following addresses prior to 12:00 PM ET on September 30, 2024 to Richard.J.simons@faa.gov and Haben.woldemichael@faa.gov. If the identified CO or its designated alternate does not receive a proposal by the specified date and time, it will not be evaluated. Offerors assume full responsibility for ensuring that the appropriate authority receives proposals no later than the date and time specified above.

L.4.3. Labeling of Proposal Packages

Offerors must label the cover page of each Proposal Volume with the Proposal Volume Number and the Offeror’s contact information, including a Point of Contact (POC), telephone number, and email address.

Volume I, Site Implementation and Installation Plan (SIIP) Volume II, Essential Personnel Resumes Volume III, Past Performance Volume IV, Pricing Volume V, SIR Section and Miscellaneous

L.5. Proposal Preparation and General Format Instructions

This section provides general guidance for preparing proposals and instructions on format and content. In addressing Section L’s requirements, Offerors must ensure that all aspects of the factors in Section M are addressed. Replies to the SIR must follow the outlines and instructions concerning the format given in Section L.

L.5.1. Format Instructions

Offerors must assemble and identify volumes in accordance with Table L-2 Proposal Volume Requirements. Offerors must ensure that all volume titles and associated content are compiled and delivered within the page limitations shown in Table L-2.

Table L-2 Proposal Volume Requirements

The font used for text must be Times New Roman, size 12 point. Tables, charts, graphics, and figures must not use fonts smaller than 9 points. Top, bottom, left, and right margins must be no less than 1.0 inches.

The proposal pages must be numbered sequentially. Any items embedded within a document must be objects only, not links.

Proposal submissions must not exceed any page limitations established for the individual volumes. Any submission exceeding a page limitation will only be evaluated up to the established page limitation.

L.5.2. Proposal Preparation Instructions

The following sections provided detailed instructions for the preparation of each proposal volume.

L.5.2.1. Site Implementation and Installation Plan (SIIP) (Volume I)

The Offeror must provide the FAA with a Site Installation and Integration Plan (SIIP) to describe the overarching approach to meet all requirements as specified in the SOW Section C of the SIR. The SIIP must detail all site survey, engineering, drafting, construction, installation, and flight inspection support requirements unique to an Instrument Landing System project. Contractor format is acceptable. Required elements within the SIIP include:

· Offeror management structure.

· Offeror personnel roles and responsibilities.

· Detailed steps, in chronological order, to be performed by the Offeror to meet all contract requirements.

· Locations of work performed.

· Risks and risk mitigations.

· Roles and responsibilities for the FAA.

· Orders and standards applicable during all phases of the project.

· Descriptions of tools, software, equipment, and materials required.

L.5.2.2. Key (Essential) Personnel Resumes (Volume II)

The Offeror must submit all resumes for the five labor categories listed in Attachment J-6, Key (Essential) Personnel. The resumes must be in the format provided in attachment J-5, Resume template.

The Key (essential) personnel are:

· Project Manager

· Civil Engineer

· Electrical Engineer

· Field Implementation Manager

· Lead Draftsmen

Each resume must include evidence of that individuals experience with ILS replacement projects in the airport environment, evidence of that individual’s ability to provide appropriate services and products in relation to the labor category they are assigned as described in Attachment J-6, and relevant years of experience with regard to the labor category they are assigned as described in Attachment J-6.

L.5.2.3. Past Performance (Volume III)

Volume III will be submitted in two steps. As part of the first step, each Offeror is requested to submit at least two, but no more than five, Past Performance Summaries of contracts performed by the Prime. Step 1 will be submitted with the proposal to the CO at the address listed in Section L.4.2.

Past Performance Summaries must be submitted for contracts and subcontracts relevant to this ILS Installation contract in terms of their functional scope and complexity within the last ten (10) years. Contracts listed may include those entered into with the federal government, agencies of state and local governments, and commercial customers. Offerors that are newly formed entities without prior contracts must list contracts and subcontracts as required above as performed by all essential personnel. The summaries should include but are not limited to the following information:

1. Name of contracting activity.

2. Contract number.

3. Contract type.

4. Total contract value.

5. Contract scope of work with full description.

6. Contracting Officer and telephone.

7. Program manager and telephone.

For the second step, the Prime must submit at least two Past Performance Questionnaires. The total number of Past Performance Questionnaires submitted to the FAA must not exceed a total of five submissions combined. The Past Performance Questionnaires must match the contracts and subcontracts submitted in the Past Performance Summaries. Each Offeror must submit Past Performance Questionnaires using the form in Attachment J-7. The Offeror should complete Part I of the form and then provide it to its selected customer points of contact to complete Part II. Offerors are to include copies of Part I Past Performance Questionnaire forms, which have been requested to be filled out by each reference with its proposal submissions.

The points of contact will be asked to rate the Offeror's performance on the referenced contract, including quality of work, timeliness of performance, cost control, program management, customer relationship, and overall customer satisfaction. The points of contact should then email the completed survey to the CO at the address listed in Section L.4.2. The email submission must be sent from the corporate or government email address of the point of contact. Completed surveys must be received by the CO no later than the proposal submission date listed in Table L.1.

Offerors are responsible for following up with customer points of contact to ensure they submit the completed surveys by the submission deadline.

The Past Performance Summaries and Questionnaires must correspond to previous or ongoing contracts that are representative of the Offeror’s capability, experience, and performance relative to the ILS Installation contract requirements. The references must be for contracts ongoing or completed within ten (10) years of the proposal submission date.

The Government reserves the right to use publicly available reports and data from the Contractor Performance Assessment Reporting System (CPARS) from the last ten (10) years found on the web at https://cpars.gov. The Government may also use present and/or past performance data obtained from a variety of sources, not just those contracts identified by offerors.

L.5.2.4. Price (Volume IV)

The Price Volume must be a separate proposal volume and properly identified. Data submitted in the price proposal should be information only essential to document or support the price position. No pricing information should be included in any other volume. If price information is included elsewhere in the proposal documentation, the pricing information will not be evaluated and the proposal may be rejected and excluded from the evaluation.

The Offeror is responsible for submitting sufficient information to enable the FAA to fully evaluate its Price proposal. The Offeror must ensure there is consistency between the Technical and Price Volumes. The Offeror must ensure that the total proposed price is reasonable and commensurate with the work required by the SIR and the technical approach identified in Volume I of the proposal. The Offeror must explain any inconsistency between proposed approach and the proposed price, as well as any appearance of unbalanced pricing in the proposal.

L.5.2.4.1. Price Volume Content

The Offeror must provide the following information on the first page of the Offeror’s pricing proposal:

a. Solicitation number.

b. Name and address of Offeror, point of contact information for an authorized negotiator, CAGE code(s), and Unique Entity Identifier (UEI).

c. Total proposed price.

d. Name, address, telephone, and email address of the Government cognizant contract audit office for the prime and each subcontractor/team member, if available.

e. Name, address, telephone, and email address of the Government cognizant contract administration office for the prime and each subcontractor/team member, if available.

The following documents and information must be included in the Offeror’s pricing proposal:

a. Fully completed Attachment J-1; and

b. a Price Narrative describing the rationale and methodology and calculation used to determine the fully burdened labor rates to support the information included in Attachment J-1.

The Offeror must submit all pricing information within Attachment J-1 – Cost Estimate for the Base Period – Conduct Site Survey and Deliver Site Survey Report (Section C.3.b). The Offeror must use Galesburg Municipal Airport (FAA ID: GBG) in Galesburg, IL as the basis for its estimate. This airport is for evaluation purposes only and may or may not be the airport awarded in any contract. This airport is similar in size, scope, and complexity to all potential airports to be assigned at contract award. The travel estimate for the base period is not to exceed (NTE) $15,000. Materials estimate for the base period is NTE $1,000. Both of these NTE amounts are pre-populated in Attachment J-1.

The Government anticipates that the data required by this SIR will be adequate for its price evaluation; however, the Government reserves the right to request additional information other than certified cost or pricing data, if the Contracting Officer determines it is necessary to ensure a fair and reasonable price.

Failure to submit the above information may make an offer unacceptable, and the proposal un-awardable.

L.5.2.5. SIR Sections and Miscellaneous (Volume V)

L.5.2.5.1. Responsibility Determination of Prospective Contractors

Notwithstanding the evaluation methodology outlined in this SIR, an Offeror must also be found responsible by the CO prior to the award of any resultant contract. The Offeror must submit sufficient information to demonstrate it has the necessary quality, fitness, and capacity to successfully perform the work under the terms and conditions of this contract. Specifically, the Offeror must:

1. Have adequate financial resources to perform the contract or the ability to obtain them;

2. Be able to comply with the required delivery or performance schedule;

3. Have a satisfactory performance record;

4. Have a satisfactory record of integrity and business ethics;

5. Have appropriate accounting and operational controls that include, as applicable, but are not limited to, production control, property control systems, quality assurance programs, and appropriate safety programs;

6. Have the necessary organization, experience, and technical skills, or the ability to obtain them; and

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

Additionally, in order for the FAA to perform an analysis to determine Offeror’s responsibility, the Offeror must submit the following information:

1. Sufficient information to demonstrate the financial capability to fund and perform a contract of this size and duration. This includes:

· Financial Statements (Balance Sheet, Income Statement, and Statement of Cash Flow) for the Offeror for the last three (3) completed company fiscal years, as of the most recent fiscal year. If audited, the auditor’s report and notes to the financial statements must be included.

· Proof of the Offeror’s ability to cover at least $500,000 of operating expenses including payroll and other administrative expenses to accommodate FAA “in arrears” payments for work performed for periods up to 90 days. An available Line of Credit from a U.S. financial institution is sufficient proof.

2. For all offerors and team members: a description of all current or pending contract disputes and legal actions in excess of $5M associated with or under Federal, State, Local, or Foreign Government contracts initiated, ongoing, or completed within the three years preceding the initial release of this SIR, including but not limited to requests for equitable adjustments, claims, cure notices, terminations for convenience, and terminations for default.

3. Identify if any member on your team has been placed on the Excluded Parties List System (EPLS) due to being debarred, suspended, proposed for debarment, or otherwise declared ineligible from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits within the last three (3) years. Describe the circumstances surrounding the company being placed on the list.

L.5.2.5.2. Team Arrangements

Each Prime Offeror must disclose all Team members in accordance with AMS clause 3.2.2.7-8, Disclosure of Team Arrangements (April 2008).

L.5.2.5.3. Organizational Conflict of Interest (OCI) Plan

Offerors (including Team Members) are required to disclose all potential conflicts in accordance with FAA AMS clauses 3.1.7-1, 3.1.7-2, 3.1.7-4, and 3.1.7-5 in the context of their performance of the ILS contract, relative to other contractual or corporate commitments and obligations that have been made or are planned by the Offeror (including Team Members). As appropriate and applicable, Offerors must submit mitigation plans as part of the Miscellaneous Volume.

Due to the FAA’s need to maintain an independent perspective for NAS System Engineering activities, Offerors (including Team Members) who are or intend to be solution developers or service providers for current and future Navigation Programs Group and Performance Based Navigation Offices will likely have a conflict of interest concerning their participation under the ILS antenna contract. Furthermore, potential conflicts can also exist where Offerors have ongoing business relationships with current Navigation Programs Group and Performance Based Navigation contractors.

L.5.2.5.4. Data Rights Assertions Table

Offeror’s must provide a data rights Assertions Table in accordance with Clause H.19.

L.5.2.5.4. Exceptions

Alternate proposals are not authorized to be submitted in response to this SIR and will not be evaluated. Therefore, any exception to any of the terms and conditions of the SIR may make the offer unacceptable.

The Offeror must state explicitly whether any exceptions, deviations, or assumptions are taken to the terms of the solicitation requested in Section L.5.2.5.3. An exception, deviation, or assumption is considered to be a statement that contradicts a SIR requirement, whether or not the Offeror identifies it as such.

If exceptions, deviations, or assumptions are taken, the Offeror must list each exception and provide the rationale for each exception.

Each exception must be specifically related to a specific paragraph/section of the SIR.

Therefore, Offerors are cautioned to consult with the CO before submitting any offer that takes exception to any term or condition of the SIR.

L.5.2.5.5. Completed Request for Offer (RFO)

The RFO, including all Representations and Certifications, must be completed, signed, and provided under Volume V. Sections of the RFO that are not being filled out or signed are not required to be submitted to the FAA.

a) SIR Section A, Solicitation/Contract Form – AMS Form SF-33, "SOLICITATION, OFFER AND AWARD,” with blocks 13 through 18 must be completed by the Offeror. The representative who signs this form must be authorized to bind the company providing the offer contractually. In the block with its name and address, the Offeror should supply the Contractor Establishment Code (CEC) applicable to that name and address, if known to the Offeror. The number should be preceded by "CEC." Offerors should take care to report the correct CEC and not a similar number assigned to the Offeror in a different system. The CEC is a 9-digit code assigned to a contractor establishment that contracts with a Federal executive agency. The CEC system is a contractor identification coding system, which is currently the Dun and Bradstreet Data Universal Numbering System (DUNS). The CEC system is distinct from the Federal Taxpayer Identification Number (TIN) system.

b) SIR Section K, Representations, Certifications and Other Statements of Offerors - The Offeror and its teams must complete all Representations, Certifications, and Other Statements included in Section K (reference provision 3.2.2.3-2).

Completing and submitting the above items to the FAA will constitute an offer. They will indicate the Offeror's unconditional assent to the terms and conditions in this SIR and in any attachments hereto for the minimum offer acceptance period identified in Section K.

END OF SECTION L

(Remainder of the Page Left Intentionally Blank)

“This solicitation may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

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