Sol_16PBGC25Q0054.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PD

Washington DC 20024-2101 445 12th St SW Procurement Department

CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPD

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

02/11/2025 1300 ES

01/28/2025

202-615-0378Shelly Thieme (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

16PBGC25Q0054

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 68 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20024-2101 445 12th St SW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$24.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Procurement Department

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 03/07/2025 to 03/06/2027

0001 EFAS: High-Level Support 12 MO Period of Performance: 03/07/2025 to 03/06/2026

0002 Travel (Not to Exceed) Period of Performance: 03/07/2025 to 03/06/2026

1001 EFAS: Medium-Level Support 4 MO (Option Line Item) Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Shelly Thieme

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

03/06/2026

Period of Performance: 03/07/2026 to 03/06/2027

1002 EFAS: Medium-Level Support 2 MO

(Option Line Item)

03/06/2026

Period of Performance: 03/07/2026 to 03/06/2027

1003 EFAS: Low-Level Support 3 MO

(Option Line Item)

03/06/2026

Period of Performance: 03/07/2026 to 03/06/2027

1004 EFAS: Case-Monitoring Support 3 MO

(Option Line Item)

03/06/2026

Period of Performance: 03/07/2026 to 03/06/2027

1005 EFAS: High-Level Support 2 MO

(Option Line Item)

03/06/2026

Period of Performance: 03/07/2026 to 03/06/2027

1006 Travel (Not to Exceed)

(Option Line Item)

03/06/2026

Period of Performance: 03/07/2026 to 03/06/2027

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

68 2 of

Section 1 - Summary & Schedule of Supplies or Services Section 2 - Work Statement/List of Supplies & Quantities Section 3 - Attachments and Exhibits

Attachments and Exhibits Section 4 - Instructions to Offerors

Section 4 Section 5 - Evaluation & Basis for Award

Section 5: Evaluation & Basis for Award FAR 52.202-1 Definitions. (JUN 2020) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) FAR 52.203-16 Preventing Personal Conflicts of Interest. (JUN 2020) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) FAR 52.204-2 Security Requirements. (MAR 2021) FAR 52.204-6 Unique Entity Identifier. (OCT 2016) FAR 52.204-7 System for Award Management. (NOV 2024) FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) FAR 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016) FAR 52.204-13 System for Award Management Maintenance. (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) FAR 52.204-22 Alternative Line Item Proposal. (JAN 2017) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023).15 FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023) FAR 52.217-5 Evaluation of Options. (JUL 1990) FAR 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

(DEC 2016)

FAR 52.229-12 Tax on Certain Foreign Procurements. (FEB 2021) FAR 52.232-1 Payments. (APR 1984) FAR 52.232-8 Discounts for Prompt Payment. (FEB 2002) FAR 52.232-11 Extras. (APR 1984) FAR 52.232-15 Progress Payments Not Included. (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) FAR 52.233-1 Disputes. (MAY 2014) FAR 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991) FAR 52.233-3 Protest After Award. (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) FAR 52.242-13 Bankruptcy. (JUL 1995) FAR 52.245-1 Government Property. (SEP 2021) FAR 52.245-9 Use and Charges. (APR 2012) FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) FAR 52.246-25 Limitation of Liability - Services. (FEB 1997) FAR 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) FAR 52.204-1 Approval of Contract. (DEC 1989) FAR 52.204-17 Ownership or Control of Offeror. (AUG 2020) FAR 52.204-20 Predecessor of Offeror. (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

(DEC 2023)

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) FAR 52.209-7 Information Regarding Responsibility Matters. (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) FAR 52.209-12 Certification Regarding Tax Matters. (OCT 2020) FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (JAN 2025) FAR 52.216-25 Contract Definitization. (OCT 2010) FAR 52.217-8 Option To Extend Services. (NOV 1999) FAR 52.217-9 Option To Extend the Term of the Contract. (MAR 2000) FAR 52.219-1 Small Business Program Representations. (FEB 2024) FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (FEB 2024) FAR 52.222-25 Affirmative Action Compliance. (APR 1984) FAR 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (JUN 2020) FAR 52.233-2 Service of Protest. (SEP 2006)

PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2017)

PBGC 52.209-7002 HANDLING PBGC DATA (MAY 2017)

PBGC 52.232-7005 LIMITATION OF FUNDS (APR 2018)

PBGC 52.232-7011 AVAILABILITY OF FUNDS - NO OR PARTIAL FUNDING (NOV 2023)

PBGC 52.237-7000 KEY PERSONNEL (APR 2018)

PBGC 52.239-7000 SECTION 508 ACCESSIBILITY STANDARDS (MAR2020)

Section 1 - Summary & Schedule of Supplies or Services

1.1 Introduction

The Pension Benefit Guaranty Corporation (PBGC) anticipates awarding a firm-fixed-price contract for commercial services in accordance with Federal Acquisition Regulation (FAR) part 12 using the procedures of FAR subpart 13.5. The Government intends to award a contract to a skilled financial advisory services firm (“Contractor”) with demonstrated experience leading large distress valuation and turnaround engagements and/or representing clients in a lead capacity on large and complex restructuring and/or bankruptcy transactions in the United States (U.S.) healthcare sector. The Government anticipates a two-year period of performance with one 12-month base period and one 12-month option period.

The associated North American Industry Classification System (NAICS) code is 541611.

1.2 Pricing Schedule

Expert Financial Advisory Services (EFAS)

Base Period (12 months)

Item # Brief Description of Service Qty Unit Unit Price Extended Price

0001 EFAS: High-Level Support 12 Month(s) $ $

0002 Travel (NTE) $ 5,000.00

Base Period Total $

Option Period 1 (12 months)

1001 EFAS: Medium-Level Support 4 Month(s) $ $

1002 EFAS: Medium-Level Support 2 Month(s) $ $

1003 EFAS: Low-Level Support 3 Month(s) $ $

1004 EFAS: Case-Monitoring Level Support3 Month(s) $ $

1005 EFAS: High-Level Support 2 Month(s) $ $

1006 Travel (NTE) $ 5,000.00

Option Period 1 Total $

TOTAL $

Section 2 - Work Statement/List of Supplies & Quantities

Performance Work Statement

See Performance Work Statement (Attachment 1).

Section 3 - Attachments and Exhibits

Attachments and Exhibits

Attachments

Attachment Number Title Date

1 A05_PWS (Attachment 1) 01/27/2025 2 A21_RFQ_Industry Feedback Form (Attachment 2) 01/27/2025 3 A21_RFQ_Pricing Worksheet (Attachment 3) 01/27/2025

Section 4 - Instructions to Offerors

Section 4

Section 4: Instructions to Quoters (Addendum to FAR 52.212-1)

4.1 Eligibility for Contract Award

4.1.1 Registration in the System for Award Management (SAM)

In accordance with FAR 4.1102, unless an exception applies, Quoters are required to be registered in SAM at the time a quotation is submitted in order to comply with the annual representations and certifications requirements. The Government will not evaluate quotes submitted by, nor make contract award to, prospective Contractors without active SAM registrations.

4.1.2 Contractor Responsibility

Contracts may be awarded to responsible prospective Contractors only. To be determined responsible, a prospective Contractor must meet the standards described at FAR 9.104. The Government will not evaluate quotes submitted by, nor make contract award to, prospective Contractors with active records of exclusion.

(See FAR 9.405.)

4.1.3 Compliance with Solicitation Instructions

In order to maximize efficiency and ensure fairness during the quote evaluation process, all Quoters must comply with FAR 52.212-1 and this addendum. Quotes that do not comply with these instructions may be considered non-compliant with the solicitation terms and ineligible for award. Quotes must be communicated clearly and coherently and provide sufficient detail for effective evaluation by the Government. Quotes must address all aspects as described hereunder.

4.1.4 Experience with PBGC’s Terminations Process

Quoters must have experience with PBGC’s terminations process to be considered for contract award. Such experience could include advising PBGC or advising current/former PBGC Plan Sponsors.” Quoters that have no experience, or that do not clearly describe their experience, with PBGC’s terminations process will be ineligible for contract award.

4.2 Solicitation Questions

Quoters may submit questions regarding this solicitation to the Government points of contact identified in section 4.5 of this document. Quoters must use the Industry Feedback Form (Attachment 2) to submit all questions no later than 1 p.m. ES on Monday, February 3, 2025. The Government will not respond to questions submitted through other means. The Government will share non-attributable questions and responses through a solicitation amendment, giving due regard to the proper protection of proprietary information.

4.3 Quotation Formatting Requirements

Quoters shall label and submit quotes in accordance with the table below. Quoters may include cover pages, tables of contents (TOCs), and glossaries for each volume but are not required to do so. Cover pages, TOCs, and glossaries will not count against any page limits.

# Volume Title Formatting Requirements

4.3.1 Administrative

Materials

A. Cover Letter. PDF document with 11-point or higher Times New Roman (TNR) or Calibri font for text and 10-point or higher TNR or Calibri font for tables and graphics.

B. Resumes. PDF documents not to exceed two (2) pages each using 11-point or higher TNR or Calibri font for text and 10- point or higher TNR or Calibri font for tables and graphics.

C. Organizational Conflict of Interest (OCI) Risk Mitigation Plan. PDF document with 11-point or higher Times New Roman (TNR) or Calibri font for text and 10-point or higher TNR or Calibri font for tables and graphics. (Only required if a Quoter affirms in its cover letter that it believes an actual or potential OCI exists.)

4.3.2 Corporate Experience

Portfolio

A. Abstract. PDF document, not to exceed one (1) page with 11-point or higher TNR or Calibri font for text and 10-point or higher TNR or Calibri font for tables and graphics.

B. Projects (up to three (3)). PDF document, not to exceed five (5) pages per project (fifteen (15) pages maximum), with 11-point or higher TNR or Calibri font for text and 10-point or higher TNR or Calibri font for tables and graphics (not including any title page).

4.3.3 Price Use the Price Worksheet (Attachment 3).

4.4 Quotation Content

This section provides detailed instructions on the content of each quote volume.

4.4.1 Administrative Materials

Quoters shall submit a cover letter, resumes, and an OCI risk mitigation plan (if unable to certify in the cover letter that none exists).

4.4.1.1 Cover Letter. The cover letter shall either include or acknowledge, as appropriate, the following:

· The Quoter’s Unique Entity ID in SAM.

· Description of the Quoter’s experience with PBGC’s terminations process, which could include advising PBGC or advising current/former PBGC Plan Sponsors. For example, a Quoter could describe an instance in which it worked on a distress termination for a company. (E.g., [ABC Company] filed a distress termination in [Month Year]. Our firm’s role in that filing was [XYZ].”)

· The information stated at FAR 52.212-1(b) (11 items total, as applicable; items addressed elsewhere within the quote need only be acknowledged within the cover letter).

· Completed provisions not referenced in FAR 52.212-1 (as applicable; see the provisions and clauses listed in section 5 of this solicitation).

· Either a statement certifying that the Quoter knows of no actual or potential OCIs that would result from the Quoter receiving a contract award under this solicitation, or a brief explanation of what actual or potential OCIs would result from the Quoter receiving a contract award. (Also see 4.3.1.C and 4.4.1.3.)

· A statement indicating whether the Quoter intends to use subcontractor support to meet the needs of this requirement and certifying the Quoter’s understanding that, if selected as the apparent awardee and small-business opportunities exist, they have a statutory requirement (imposed by the Small Business Act (15 U.S.C. 637(d)) to submit and negotiate an acceptable small-business subcontracting plan with the Contracting Officer. Failure to do so will deem the Quoter ineligible for award. (See FAR 19.702(a)(1)(i) and FAR 19.704.)

· Any exceptions the Quoter takes with regard to the Government’s terms and conditions.

· A statement that the Quoter agrees to hold the prices in its quote firm for ninety (90) calendar days from the date specified for receipt of quotes.

· A list of the additional quote documents being submitted concurrently with the cover letter.

· The following statement, completed as indicated: “I, [name of cover letter signatory], certify that [company name] leadership has reviewed the solicitation in full, understands the Government’s requirement, including the standards for acceptable performance, and believes [company name] to be fully capable of satisfactorily performing this requirement. In addition, [company name] leadership has either participated in or reviewed all aspects of this quote. The information contained herein is accurate to the best of my knowledge and belief.”

· The signature of a senior company official with authority to enter the company into a contract for this requirement.

4.4.1.2 Resumes. Two (2) resumes shall be submitted: one for the proposed Team Lead and another for the proposed Deputy Team Lead. Both must show experience that supports the qualifications specified in section 11 of the Performance Work Statement (PWS) (Attachment 1).

4.4.1.3 OCI Risk Mitigation Plan. Only Quoters unable to certify the absence of actual or potential OCI risks in their cover letters shall submit an OCI risk mitigation plan with their quotes. The risk mitigation plan should list, in specific detail, the issue(s) that constitute the OCI, how the issues originated, a draft plan on how to mitigate the OCI, and any other pertinent facts or assumptions that led the Quoter to believe an OCI issue exists with regard to its quote.

4.4.2 Corporate Experience Portfolio

This volume measures the amount of experience the Quoter and its proposed “major” subcontractors (defined as subcontractors that would earn at least 15% of the total contract value under the Quoter’s quote) have providing expert financial advisory services in the healthcare sector similar in size, scope, and complexity to this requirement. All referenced experience must meet the following criteria:

· Have been for expert financial advisory services performed in the healthcare sector.

· Have been performed by the Quoter or proposed major subcontractors.

· Have been performed as either a prime Contractor or subcontractor.

· Have occurred within five (5) years of the solicitation closing date.

4.4.2.1 Abstract. For each project included in the portfolio (up to three (3)), provide the following:

· Client’s name and industry sector.

· Brief description of the scope of work, level of complexity, period of performance, dollar value of engagement, and value of client’s funded debt.

· Email address and phone number for an employee of the client organization with first-hand knowledge of the Quoter’s work on that project. The Government reserves the right to contact references to verify project details or the Quoter’s involvement as described in the corporate experience portfolio.

4.4.2.2 Project Details. The Quoter shall include corporate experience that demonstrates the Quoter has specific experience in the U.S. healthcare sector leading valuation and turnaround engagements and/or representing clients in leading large distress valuations and complex restructuring and/or bankruptcy transactions. For each project, Quoters shall provide the following information:

· Quoter’s period of performance on the project.

· Company name(s), role(s), and period(s) of performance for all subcontractors hired by the Quoter to support the project.

· Description of the Quoter’s experience (and subcontractors’ experience, if applicable) with large and complex bankruptcy and restructuring transactions in the healthcare sector in relation to the levels of support (low, medium, high, and case monitoring) defined in section 3 of the PWS (Attachment 1).

· Description of the Quoter’s experience (and subcontractors’ experience, if applicable) performing the requirements outlined in section 4 of the PWS (Attachment 1).

· Description of creative, innovative, novel, or unique approaches and/or customizable solutions employed to address the client’s specific circumstances to achieve favorable outcomes.

4.4.5 Price

Quoters shall complete and submit the Price Worksheet (Attachment 3). Monthly rates included in the Price Worksheet (Attachment 3) represent the Quoter’s firm fixed prices corresponding to the levels of support described in section 3 of the PWS (Attachment 1).

For evaluation purposes only, the total evaluated price is the sum of the total prices submitted for (a) the base period, (b) all option periods, and (c) the six-month extension authorized by FAR 52.217-8. For the purpose of determining the total price for the six-month extension authorized by FAR 52.217-8, companies shall calculate the total price as one-half of the total price for the final option period of the contract.

Accordingly, each quote must include pricing regarding the exercise of FAR 52.217-8. The Government reserves the right to adjust the levels of support required during any period of performance based on evolving needs.

4.5 Government Points of Contact

Questions and quotations in response to this solicitation must be submitted in accordance with solicitation instructions to the points of contact listed below. The deadline for submission of questions is 1 p.m. ES on Monday, February 3, 2025. The deadline for submission of quotes is 1 p.m. ES on Tuesday, February 11, 2025.

Shelly Thieme Contracting Officer thieme.shelly@pbgc.gov

Christine Retarides Contract Specialist retarides.christine@pbgc.gov mailto:thieme.shelly@pbgc.gov mailto:retarides.christine@pbgc.gov

Section 5 - Evaluation & Basis for Award

Section 5: Evaluation & Basis for Award

Section 5: Evaluation Process

5.1 General

The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government may select for award a Quoter that does not submit the lowest price if the Government deems it technically superior to lower-priced competitors. The Government may also select a Quoter that does not demonstrate the best technical capabilities or represent the lowest risk if the Government believes that a lower-priced quote represents a better value.

The evaluation factors and rating methods that will be applied are summarized in the following table:

Factor/Subfactor # Title Rating Method Factor 1 Quote Compliance Acceptable/Unacceptable Factor 2 Corporate Experience Confidence Assessment Rating Factor 3 Price Price Analysis (no rating)

The Government will evaluate quotes in two steps. Under the first step, the Government will evaluate Factor 1. Quotes must be deemed “Acceptable” under this factor for the Government to continue evaluating Factors 2 and 3 under the second step. Quotes deemed “Unacceptable” under the first step will be immediately rejected as unawardable.

The rating methods are described in further detail below.

Acceptable/Unacceptable (Factor 1)

Adjectival Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

Confidence Assessment Rating (Factor 2)

Adjectival Rating Description Substantial Confidence Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has a high expectation that the Quoter will successfully perform the required effort.

Satisfactory Confidence Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has a reasonable expectation that the Quoter will successfully perform the required effort.

Limited Confidence Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has a low expectation that the Quoter will successfully perform the required effort.

No Confidence Based on whether the Quoter’s Corporate Experience Portfolio shows merit or exceeds specified performance or capability requirements, the Government has no expectation that the Quoter will be able to successfully perform the required effort.

5.2 Methodology

The Government will assess Quoters on each factor based upon the considerations described below.

5.2.1 Factor 1: Quote Compliance

The Government will evaluate whether the quote conforms to the following administrative requirements stated in sections 4.3.1 and 4.4.1 of the Instructions to Quoters (“Instructions”):

· Contains a cover letter, signed by a senior company official with authority to enter the company into a contract for this requirement, that includes the content described in section 4.4.1.1 of the Instructions.

· Contains two resumes, one for the proposed Team Lead and one for the proposed Deputy Team Lead, both of whom meet the minimum qualifications stated in section 11 of the Performance Work Statement (PWS) (Attachment 1).

· Contains an OCI mitigation plan (if required).

· Contains a completed Price Worksheet (Attachment 3) as referenced in sections 4.3.3 and 4.4.5 of the Instructions.

A quote that does not conform to the material requirements described above will be deemed “Unacceptable” and rejected by the Government without further evaluation.

5.2.2 Factor 2: Corporate Experience

Corporate Experience Portfolio. The Government will evaluate the Quoter’s experience in, and approach to, performing work similar in size, scope, and complexity to this requirement. Referenced projects that do not meet the criteria stated under section 4.4.2 of the Instructions will not be evaluated by the Government.

In evaluating this factor, the Government will specifically consider the following:

· Overall experience in the U.S. healthcare sector leading valuation and turnaround engagements and/or representing clients in leading large distress valuations and complex restructuring and/or bankruptcy transactions (based on length of time and quantity of projects) in relation to the requirements outlined in sections 3 and 4 of the PWS (Attachment 1).

· Quoter’s experience (and subcontractors’ experience, if applicable) with large and complex bankruptcy and restructuring transactions in the healthcare sector in relation to the levels of support (low, medium, high, and case monitoring) defined in section 3 of the PWS (Attachment 1).

· Quoter’s experience (and subcontractors’ experience, if applicable) performing the requirements outlined in section 4 of the PWS (Attachment 1).

· Quoter’s overall capacity for developing creative, innovative, novel, or unique approaches and/or customizable solutions to address the client’s specific circumstances and achieve favorable outcomes.

All else being equal, the Government will favor quotes that exhibit the following:

· Greater length of experience in years.

· A higher quantity of referenced projects.

· A wider breadth of experience performing the requirements outlined in sections 3 and 4 of the PWS (Attachment 1).

· Greater overall capacity to develop creative, innovative, novel, or unique approaches and/or customizable solutions.

5.2.3 Factor 3: Price

· The total evaluated price will be automatically calculated within the Price Worksheet (Attachment 3).

For evaluation purposes only, the total evaluated price is the sum of the total prices submitted for (a) the base period, (b) Option Period 1, and (c) the six-month extension authorized by FAR 52.217-8, Option to Extend Services. The Government reserves the right to adjust the level of support required during any period of performance based on evolving needs.

· The Government will analyze the total evaluated price utilizing one or more of the methods stated at FAR 15.404-1(b)(2) to determine whether it is fair and reasonable.

· The Government may choose to perform a price realism analysis as appropriate for any quote. This will occur if any unit price or the total evaluated price appear to be unrealistically low, indicating a potential lack of understanding by the Quoter and/or increased risk of performance failure. Upon conducting a price realism analysis, the Government may reject a quote with pricing it considers unrealistically low.

· For the purpose of determining the total price for the six-month extension authorized by FAR 52.217- 8, companies shall calculate the total price as one-half of the total price for the final option period of the contract. Accordingly, each quote must include pricing regarding the exercise of FAR 52.217-8.

Evaluation of this six-month extension will not obligate the Government to exercise the option.

Failure to provide pricing for the six-month extension authorized by FAR 52.217-8 may result in the quote being found either non-compliant or technically unacceptable and ineligible for further evaluation or award.

PROVISIONS AND CLAUSES

PLEASE BE ADVISED: In accordance with President Trump’s Executive Order of January 21, 2025 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity), which revokes Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity), Contractors are no longer required to complete the associated representations found at FAR 52.212-3(d) nor comply with clauses (or portions of clauses) implementing Executive Order 11246 (e.g., FAR 52.222-26, FAR 52.212-5); however, for 90 days from the date of President Trump’s aforementioned order, Federal Contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.

Additionally, at the time of contract award, a Contractor must agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code, and certify that it does not operate any programs promoting Diversity, Equity, and Inclusion (DEI) that violate any applicable Federal anti-discrimination laws.

Clause List

FAR 52.202-1 Definitions. (JUN 2020)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

FAR 52.203-16 Preventing Personal Conflicts of Interest. (JUN 2020)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)

FAR 52.204-2 Security Requirements. (MAR 2021)

FAR 52.204-6 Unique Entity Identifier. (OCT 2016)

FAR 52.204-7 System for Award Management. (NOV 2024)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

FAR 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)

FAR 52.204-13 System for Award Management Maintenance. (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

FAR 52.204-22 Alternative Line Item Proposal. (JAN 2017)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

FAR 52.217-5 Evaluation of Options. (JUL 1990)

FAR 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

(DEC 2016)

FAR 52.229-12 Tax on Certain Foreign Procurements. (FEB 2021)

FAR 52.232-1 Payments. (APR 1984)

FAR 52.232-8 Discounts for Prompt Payment. (FEB 2002)

FAR 52.232-11 Extras. (APR 1984)

FAR 52.232-15 Progress Payments Not Included. (APR 1984)

FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

FAR 52.233-1 Disputes. (MAY 2014)

FAR 52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991)

FAR 52.233-3 Protest After Award. (AUG 1996)

FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

FAR 52.242-13 Bankruptcy. (JUL 1995)

FAR 52.245-1 Government Property. (SEP 2021)

FAR 52.245-9 Use and Charges. (APR 2012)

FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

FAR 52.246-25 Limitation of Liability - Services. (FEB 1997)

FAR 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

FAR 52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

(End of clause)

FAR 52.204-17 Ownership or Control of Offeror. (AUG 2020)

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: [ ]

Immediate owner legal name: [ (Do not use a "doing business as" name)]

Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: [ ]

Highest-level owner legal name: [(Do not use a "doing business as" name)]

(End of provision)

FAR 52.204-20 Predecessor of Offeror. (AUG 2020)

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: [(or mark "Unknown")].

Predecessor legal name: [(Do not use a "doing business as" name)].

(End of provision)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

(a) Definitions. As used in this clause-

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description,…