MATOC Draft ATTACHMENT 9 - Section L-Instructions Conditions and Notice to Bidders v3.docx

DRAFT ATTACHMENT 9

Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTIONS, CONDITIONS

Section L – Instructions, Conditions and Notices to Bidders

A. General: This firm fixed-priced (FFP) acquisition is being issued on a 100% Small Business (SB) set-aside basis to award approximately five (5) Indefinite Delivery/Indefinite quantity (IDIQ), Multiple Award Task Order Contracts (MATOCs) to support Maxwell AFB, Gunter Annex, Lake Martin Recreation Area and Vigilant Warrior Training Site construction requirement. Only proposals from SB concerns under North American Industrial Classification System Code (NAICS) 236220, with active registration in SAM.gov will be accepted. The Contracting Officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial proposals, 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, offeror(s) may be required to submit information to the extent necessary for the Contracting Officer to determine price reasonableness.

Proposals must be complete, self-sufficient, and respond directly to the requirements of the Request for Proposal (RFP). Failure to meet a requirement may result in a proposal being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The Government intends to evaluate proposals and award approximately five (5) firm fixed-price IDIQ/MATOCs without discussions, (except clarifications as described in FAR 15.306(a)). However, the Government reserves the right to conduct discussions if deemed in its best interest. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price standpoint.

The exact number of awards will be determined by the Source Selection Authority (SSA) during the evaluation of proposals and will be based primarily on the number and capabilities of the highest rated proposals. The Government anticipates establishing a pool with approximately five (5) contractors. The future requirements will be competed among the pool of awardees based on the work defined in individual task orders (TOs). The program cycle is a single five (5) year ordering period. Awardees may be required to rerepresent their size and socioeconomic status when explicitly required for an individual task order.

Offerors shall submit only one proposal in response to this solicitation. The Government will review only one proposal per offeror. The initial proposal may be submitted electronically. All proposals must be received by 3:00 PM C.S.T., 13 Sep 2024 at 42CONS/PKC, 50 LeMay Plaza South, Bldg. 804, Maxwell AFB, AL 36112-5948, Attention: Dartamien Brown and Eldrae Perdue, no later than the date and time specified in Block 13.a. on the face page of the solicitation, (SF 1442).

B. Acceptance Period: The Government requires a minimum acceptance period of 60 calendar days from the date specified for receipt of offers; however, offerors may specify an acceptance period exceeding the Government’s minimum requirement.

C. Communications: Exchange of source selection information after submission of the initial proposal packages between the Government and offerors will be controlled by the Contracting Officer. E-mail may be used to transmit such information only if the e-mail can be sent encrypted, and must include “Source Selection Information – See FAR 2.101 and 3.104” in the subject line of the e-mail. Otherwise, source selection information will be transmitted via direct mailing or DROP SAFE at https://safe.apps.mil/about.php. In order to facilitate the sending and receiving of encrypted e-mails, offerors must use MS Outlook e-mail configured to support encryption or a different e-mail product that is S/MIME compatible and configured to support encryption. If you intend to submit your source selection information via encrypted e-mail, you will need to contact the following Buyer and Contracting Officer: dartamien.brown.1@us.af.mil and eldrae.perdue@us.af.mil prior to that first submittal in order to exchange certificates used for encryption. To ensure the process is working correctly, send a test encrypted message first (without including any source selection information). When submitting source selection information via e-mail, file suppression utilities, to include but not limited to zip files, will not be accepted.

D. Points of Contact: The Contracting Office Points of Contact (POC) are the sole POCs for this acquisition. Solicitation information and amendments will be posted to the SAM.gov website at https://sam.gov/. Offerors may e-mail written questions pertaining to this RFP, or any of its attachments, to the addresses below. The Government will answer questions received up until 12:00 PM C.S.T. on 03 September 2024 and provide responses to interested parties via SAM.gov. Questions received after this date may not be answered.

Dartamien Brown, Contract Specialist E-mail: dartamien.brown.1@us.af.mil

Eldrae Perdue, Contracting Officer E-mail: eldrae.perdue@us.af.mil

E. Site Visit: A site visit will be held on 27 August 2024 at 9:00 AM C.S.T. All parties will meet at the 42d Contracting Squadron, 50 LeMay Plaza South, Bldg. 804, Maxwell AFB, AL prior to departing to the facility. All parties must contact the Contract Specialist and the Contracting Officer at the email addresses above no later than, 12:00 PM C.S.T. on 21 August 2024 to confirm attendance. Each offeror is limited to two (2) attendees. Further instructions will be provided to all Attendees at the site visit.

F. Electronic Reference Documents: All referenced documents for this solicitation are available on the SAM.gov website. Potential offerors are encouraged to subscribe for e-mail notifications to be updated when information has been posted to the website for this solicitation.

G. Late Proposals: Late proposals will be processed in accordance with FAR 52.215-1(c) Submission, modification, revision, and withdrawal of proposals.

H. Specific Instructions: Proposals shall be submitted to the Government in three (3) separate volumes as set forth below:

(a) Submission of the initial proposal package via electronic mail will be accepted. Initial proposal package shall either be e-mailed, mailed or hand delivered. Offerors are cautioned that Maxwell Air Force Base has visitor control procedure requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPTATED WHEN HAND CARRYING PROPOSAL PACKAGES. Offerors should allow for sufficient time to obtain a visitor pass and arrive at the specified office PRIOR to the time specified for receipt of proposals.

(b) Complete Standard Form 1442 (SF 1442), Blocks 14, 15, 17, 19, 20a, b, and c of the RFP (SF 1442). In completing these blocks, the offeror accedes to the contract terms and conditions as written in the RFP to include Sections A through K and the requirements of the project specifications and drawings. A scanned copy of the originally signed (“wet” signature) page or electronically signed signature page should be included in the proposal package. The solicitation constitutes the model contract.

(c) Standard Form 30 (SF 30), Blocks 15A-15C, for any/all amendments. A scanned copy of the originally signed (“wet” signature) page or electronically signed signature page should be included in the proposal package for any/all amendments.

I. FORMAT AND SPECIFIC CONTENT:

(1) VOLUME I – SUMMARY AND MISCELLANEOUS DATA.

(a) Complete all necessary fill-ins and certifications in Sections I through K. Ensure compliance with RFP requirements if using the annual representations and certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov/portal/public/SAM/. Ensure the Tax Identification Number (TIN) is loaded in SAM or provided for in the proposal submission. If the CO is unable to access/retrieve an offeror’s annual representations and certifications, that offeror may, upon request by the CO, be required to submit a hard copy of their annual representations and certifications. This request will not be construed as communications or discussions with an offeror as defined by FAR 15.306.

(b) Authorization Letter. Submit a letter, signed at the vice-president level or equivalent or higher, that identifies the individual(s) with the authority to obligate or otherwise bind your company to the resulting contract and, if necessary, future contract modifications.

(c) Joint Venture Agreement. If a joint venture arrangement exists for this acquisition, the offeror shall provide a copy of the joint venture agreement that is signed and dated by all joint venture members as part of the proposal submission.

(d) Responsibility Determination and Supporting Documentation. To assist in determining contractor responsibility in accordance with FAR 9.104-3(a), the offeror shall explain how they plan to maintain adequate financial resources for a contract of this magnitude and length. The offeror shall address a fiscal plan for covering mobilization, unexpected or emergency situations, and initial performance costs prior to recoupment in the form of monthly invoice payments. If the offeror intends to rely on internally available working/operation capital, documentation of availability must be submitted. If the offeror plans to rely on financial support from external sources, documentation of availability and maximum lines of credit available (based upon the inclusion of this contract effort) must be submitted. Evidence of external funding must be provided in the form of a dated letter from the external source.

IAW FAR 9.104-5, the offeror is required to comply with the submission regarding FAR 52.209-5, Certification Regarding Responsibility Matters. Since it is the Government’s intent to make Award without Discussions IAW FAR 52.215-1, the Government may request that an offeror submit additional information so a responsibility determination can be made. This request for additional information will not be construed as communications or discussions with an offeror as defined by FAR 15.306. An incomplete proposal may be considered to indicate lack of understanding of the requirement and may result in the entire proposal being determined “unacceptable” and eliminated from further consideration. Volume I shall be organized according to the following general outline:

I

RFP

Unlimited

(2) VOLUME II – FACTOR 1 - PAST PERFORMANCE PROPOSAL.

(a) General: Each offeror shall submit a Past Performance Volume with its proposal. The Past Performance volume shall be prepared in accordance with all instructions contained within this section L. Only references for recent and relevant contracts are requested.

(b) Volume Organization. The Past Performance volume shall be organized according to the following general outline:

II

PAST PERFORMANCE INFORMATION

unlimited

(c) Summary Page. Many companies have acquired, been acquired by, otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant present or past contracts. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this proposal volume a “roadmap” describing all such changes in the organization of the offering company. As part of this explanation, show how these changes impact the relevance of any efforts identified for the past performance evaluation. Since the Government intends to consider past and present performance information provided by other sources as well, the “roadmap” should be applicable to contracts the Government receives information on from other sources.

If applicable, describe the role of the Offeror and each subcontractor, teaming partner, and/or joint venture partner for whom the Offeror is required to provide Past Performance Information Sheets in accordance with paragraph (f) below.

(d) Quality and Satisfaction Rating of Contracts completed in the Past Five (5) Years: Offeror may provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts. 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. There is no required format for submission of this information.

(e) Performance Surveys/Questionnaires: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information. The government requires the offeror to send out a PPQ to each of the Points-of-Contact (POCs) identified in the Past Performance Proposal. The offeror shall send out the PPQ (Attachment 6), using the Past Performance Evaluation Cover Letter provided within same attachment, to each of their references.

THE RESPONSIBILITY TO SEND OUT THE PAST PERFORMANCE QUESTIONNAIRE (f)(f)RESTS SOLELY WITH THE OFFEROR.

Past Performance Questionnaire: For each of the no more than three (3) submitted contracts found to have somewhat relevance to the instant acquisition, the Past Performance Team will contact the points of contact identified in the offeror’s Past Performance Proposal. A telephone interview will be conducted utilizing the Present/Past Performance Questionnaire (Attachment 6). The Government reserves the right to change, alter, and/or supplement the questionnaire without further notice to the offeror(s)..

(f) Past Performance Information (PPI): Utilizing the PPI Sheet (Attachment 7), submit information on no more than three (3) recent contracts the offeror considers most relevant in demonstrating the ability to perform the proposed effort. One (1) of the past performance references may be for a subcontractor, teaming partner, and/or joint venture partner that will perform major or critical aspects of the requirement (i.e., 25% or more of the work). Recent past performance information includes contracts performed and/or being performed for any customer within the last five (5) years from the issuance date of the solicitation, to include at least twelve (12) months of documented performance during the five (5) year period. Offeror’s may roll-up multiple task orders under a single IDIQ contract. Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort.

(g) If an offeror has no past performance history of relevance, the offeror must affirmatively state it possesses no past performance history of relevance.

(h) The evaluation of past performance information will take into account past performance regarding (i) predecessor companies, (ii) will take into account past performance of key personnel who have relevant experience, and/or (iii) will take into account past performance regarding subcontractor(s), teaming partner, and/or joint venture partner that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. There is no required format for submission of this information.

(i) Offerors may include a discussion of efforts accomplished by the Offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Merely having problems does not automatically equate to a Limited or No Confidence rating, since the problems encountered may have been on a more complex program or an Offeror may have subsequently demonstrated the ability to overcome the problems. The Offeror is required to clearly demonstrate management actions employed in overcoming problems and the effects of those actions, in terms of improvements achieved or problems rectified. This could result in a rating of Substantial or Satisfactory Confidence.

(j) Teaming Agreement: If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first-time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

(k) Subcontractor Letter of 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 each subcontractor that will perform major or critical aspects of the requirement, consenting to the release of its past performance information to the prime contractor (Attachment 8). If the subcontractor does not consent, include a statement to that effect.

(3) VOLUME III – FACTOR 2 - PRICE PROPOSAL.

(a) Insert proposed unit and extended prices for Construction Project Titled, Replace Chiller Building 1095 on the AF Form 3052, (Attachment 5). The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

(b) Extreme care should be exercised to ensure that no price data of any kind are included in any other Part of the proposal.

(c) Price Reasonableness. The source selection will be conducted with the expectation of adequate price competition for this acquisition per FAR 15.403-1(c)(1); therefore, certified cost or pricing data are not required per FAR 15.403-1(b)(1). If at any time during this competition the Contracting Officer determines that adequate price competition no longer exists or that price reasonableness cannot be determined, offerors may be required to submit additional certified cost or pricing data for the Contracting Officer to determine price reasonableness. A contract will not be awarded to a contractor whose price is not determined to be fair and reasonable.

(d) Contract Award. The Government intends to evaluate offers and award approximate five (5) IDIQ MATOCs without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

(e) Discrepancies. If an offeror believes these instructions contain errors, omissions or are unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as remedies the offeror is asking the Contracting Officer to consider as related to the omission or error.

(End of Section)