L-1 - Section L - Instructions Conditions Notices to Offerors or Quoters.pdf

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

L-1 GENERAL INSTRUCTIONS

L-1.1 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 certifications. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts, Part I - Contract Documents, Part II - Past Performance Information, and Part III - Price.

L-1.2 The Government intends to award a single firm-fixed-price contract.

Notice to Offerors: Funds are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

L-1.3 This is an all-electronic solicitation release. Hard copies are not available. The Government will post all information pertaining to the solicitation and award of this requirement to the Electronic Posting System, also known as SAM.gov. It is the responsibility of each offeror to review the web page for postings of amendments, updates or changes to current information.

L-1.4 Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

L-1.5 Communications: Exchanges of information between Government and offerors will be controlled by the Contracting Officer. Prospective offerors are advised that the pre-proposal conference will be held solely for the purpose of explaining the project and terms and conditions of the solicitation. Questions received, in writing, and subsequent answers will be posted to SAM.gov. Offerors are encouraged to submit in writing all questions and requests for clarifications no less than ten days prior to the Request For Proposal (RFP) closing date. The decision whether to respond to questions and requests for clarification made less than ten days prior to the RFP closing shall be at the sole discretion of the contracting officer. Failure of a prospective offeror to submit any questions or attend the conference will be construed to mean that the prospective offeror fully understands all requirements of the solicitation.

L-1.6 Joint Venture Offerors: If the offeror is a joint venture, the offeror shall provide all required solicitation information for all parties including a copy of the joint venture agreement with proposal. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the joint venture. If the joint venture is comprised of 8(a) firms, the Small Business Administration (SBA) must approve the joint venture agreement prior to award. Either party to the joint venture may submit performance information on behalf of the joint venture. Joint venture performance will be evaluated and rated based on either party's performance. The SBA must receive Joint Venture Agreements prior to proposal due date and approved before award of a resulting contract. If a joint venture is contemplated, then the assigned SBA Business Opportunity Specialist (BOS) must be advised as soon as possible. Ensure the agreement is submitted to the BOS in sufficient time to permit a regulatory compliance review. Any corrections and/or changes requested must allow for review time by the BOS before the proposal due date. No corrections and/or changes are permitted after the time for submission of offers.

L-1.7 Teaming/Partnering Offerors: If the offer is based on a teaming/partnering relationship, the offeror shall provide all required solicitation information for all parties including a copy of the teaming/partnership agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering relationship.

L-1.8 Multiple Companies: If a company has multiple business ventures, only one of their business ventures will be allowed to submit a proposal. The intent of this RFP is to receive multiple offers with independently prepared proposals that foster competition.

L-1.9 Incurred Expenses: The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

L-1.10 In compliance with FAR Subpart 4.8, the Government will retain one (1) copy of all unsuccessful proposals and will destroy all extra copies. No destruction certificate will be provided.

L-1.11 All proposals must be complete, and respond directly to the requirements of this solicitation. Any commitments made in the proposal shall become a part of the resultant contract. Failure to comply with these instructions may result in the Government summarily rejecting the offeror's proposal.

L-1.12 The price proposal, contract forms, performance references, and offeror information shall include the documentation listed below. The price proposal must be based on the offeror's proposal for the project as set forth in the solicitation documents. The government will evaluate the proposal in accordance with Section M- Evaluation Factors for Award.

L-1.13 Contractor offers shall be submitted via email to erin.schoenenberger@us.af.mil, kelsey.brodbine@us.af.

mil, dana.deyampert@us.af.mil and wanda.wilson.1@us.af.mil.

L-2 PROPOSAL PREPARATION INSTRUCTIONS

L-2.1 Volume Organization: Proposals shall be submitted to the Government in three (3) separate volumes as set forth below:

Volume Description Copies Reference Paragraph I Contract Documents 1 L-2.2.1 II Past Performance 1 L-2.2.2 III Price 1 L-2.2.3

L-2.2 Volume Content

L-2.2.1 Volume I - Contract Documents

L-2.2.1.1 SF1442 and Solicitation: Complete Blocks 14 - 20 (A - C) of SF1442 and all fill-in clauses in solicitation Sections I - L. These sections constitute the model contract.

L-2.2.1.2 SF30, Amendment Form: Complete Blocks 8 and 15 (A - C) for each amendment issued under this solicitation.

L-2.2.1.3 Clauses and Provisions: Offerors shall complete FAR Provision 52.219-28 in Section I, FAR Provision 52.209-7 in Section K, and all other clauses and provisions, including exceptions or deviations, within Sections I, K, and L, as applicable to the offeror.

L-2.2.1.4 Proposal Guarantee (Bid Bond): Bonds shall be submitted electronically with proposals in the amount of 20% of the proposed project price in accordance with FAR Clause 52.228-1 found in Section L of this solicitation. Offerors shall ensure all seals and signatures are plainly visible in electronically-submitted bonds.

Bid bonds shall not exceed $3 million.

L-2.2.1.5 Joint Ventures and Teaming / Partnering Agreements: Joint ventures and teaming or partnering mailto:erin.schoenenberger@us.af.mil mailto:kelsey.brodbine@us.af mailto:dana.deyampert@us.af.mil mailto:wanda.wilson.1@us.af.mil agreements must be disclosed and comply with Section K and Section L, paragraphs L-1.6 or L-1.7, as applicable, of the solicitation.

L-2.2.2 Volume II - Past Performance L-2.2.2.1 Past Performance Information: Only references for relevant contracts are desired. Submit original and one (1) copy.

L-2.2.2.2 Quality and satisfaction rating for contracts completed in the past five (5) years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for relevant past efforts/contracts (similar in scope and magnitude of effort and complexities this solicitation requires). In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

L-2.2.2.3 Past performance questionnaires (PPQ) will be obtained for the confidence assessment: present/past performance as provided by the offerors (see section M-3.1.3 Table 2); send questionnaires to cognizant government Program Managers (PM), Administrative Contracting Officers (ACO), Procuring Contracting Officers (PCO), and contractors. NOTE: PAST AND PRESENT PERFORMANCE

QUESTIONNAIRES WILL NOT BE ACCEPTED FROM THE OFFEROR; IT MUST BE

SUBMITTED BY THE RATER. IT IS THE RESPONSIBILITY OF THE OFFEROR TO FOLLOW

UP WITH THE RATER IN ORDER TO ENSURE PAST AND PRESENT PERFORMANCE

QUESTIONNAIRES ARE SUBMITTED TO THE GOVERNMENT.

The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information Systems as well as any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.

L-2.2.2.4 Performance Surveys: The government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and any other sources of information available to the Government to assess present/past performance. Provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies and commercial customers within the last five (5) years. Please reference the Statement of Work (SOW) to determine relevant projects that are similar in size, scope, magnitude and complexity of the subject project. Pursuant to FAR

36.204 the magnitude of this project is: $5,000,000 and $10,000,000. The evaluation of past performance information will not take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Provide the following information for each contract listed:

i. Company/Division name

ii. Product/Service

iii. Contracting Agency/Customer

iv. Contract Number

v. Contract Dollar Value

vi. Period of Performance

vii. Verified, up-to-date name, address & telephone number of the contracting officer

viii. Comments regarding compliance with contract terms and conditions

ix. Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

L-2.2.2.5 Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor's consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

L-2.2.2.6 Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation and SOW, and government standards regulations pertaining to the

SOW.

2. Evaluation Factors for Award

L-2.2.3 Volume III- Price

L- 2.2.3.1 Price Information: Unit and extended pricing for all Contract Line Item Numbers (CLINs) will be found in Section B, Supplies or Services and Price/Cost of this solicitation. All prices should be included on the bid schedule (see attachment B-1). A total price should also be included. Prices shall not extend past the second decimal point for unit and extended amounts. The proposed price shall include all personnel, supplies, services, management, overhead, other directs costs, G&A, and profit to fulfill the contractual requirements of the SOW and any attachments.

L- 2.2.3.2 CAGE Code, DUNS Number, and business-size standard under the applicable NAICS of 236220.

L- 2.2.3.3 SF1442 and Solicitation: Complete blocks 17 and 30 of the SF1449 as well as signing /acknowledging any amendments. In doing so, the offeror agrees to the contract terms and conditions as written in the RFP.

L- 2.2.3.4 Representations and Certifications: You must include all Representations and Certifications with your quote or reflect they're completed in SAM.gov.

L- 2.2.3.5 All offers shall remain valid for 180 calendar days. Multiple offers will not be accepted.

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-22 Alternative Line Item Proposal. Jan 2017 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014 52.222-33 Notice of Requirement for Project Labor Agreement. May 2010 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee). Feb 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2018 252.236-7008 Contract Prices--Bidding Schedules. Dec 1991

FAR Clauses Incorporated by Full Text

52.216-1 Type of Contract. Apr 1984

As prescribed in 16.105 , complete and insert the following provision:

Type of Contract (Apr 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

(End of provision)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

Feb 1999

As prescribed in 22.810(b), insert the following provision:

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for EachTrade Goals for Female Participation for EachTrade 17% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Ocean County Lakehurst, NJ.

52.228-1 Bid Guarantee. Sep 1996

As prescribed in 28.101-2 , insert a provision or clause substantially as follows:

Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.233-2 Service of Protest. Sep 2006

As prescribed in 33.106 , insert the following provision:

Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 87th Contracting Squadron, 2402 Vandenberg Ave JB MDL, NJ 08641

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 Alternate I Site Visit (Construction). (Alternate I) Feb 1995

As prescribed in 36.523, insert a provision substantially the same as the following:

Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Kelsey Brodbine & Erin Schoenenberger

Address: 2402 Vandenberg Ave. JB MDL, NJ 08641

E-mail: kelsey.brodbine@us.af.mil & erin.schoenenberger@us.af.mil

(End of Provision)

Alternate I (Feb1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic provision:

(b) An organized site visit has been scheduled for-

12 April 2022 at 9am EST

(c) Participants will meet at-

5 McClellan St. Lakehurst Naval Air Station, NJ 08733 (RTE 547)

Building 5, Engineering Section

*** Any offeror wanting to participate in the site visit on 12 April 2022 at 9am EST MUST fill out the EAL attachment and return to kelsey.brodbine@us.af.mil & erin.schoenenberger@us.af.mil NLT 2PM EST on 6 April 2022. Fill out ONLY the table under #4 on the EAL with all individuals who will be attending the site visit with the following applicable information: Name (Last, First, Middle Initial), Company Name, Full SSN, and Date of Birth. If the information is not fully completed you will be denied access to the base. THERE WILL BE NO EXCEPTIONS. ***

52.252-1 Solicitation Provisions Incorporated by Reference. Feb 1998

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov mailto:kelsey.brodbine@us.af.mil mailto:kelsey.brodbine@us.af.mil http://www.acquisition.gov/

52.252-5 Authorized Deviations in Provisions. Nov 2020

As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.

Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any www.acquisition.gov provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)