Attachment_7_FAR_52.212-1_Instructions_to_Offerors.pdf

SP3300-15-R-0005

SOURCE SELECTION INFORMATION – SEE FAR 2.101 & 3.104

FOR OFFICIAL USE ONLY

ATTACHMENT 7

FAR 52.212-01 ADDENDA TO INSTRUCTIONS TO OFFERORS - COMMERCIAL

ITEMS

Reference paragraph (c) under referenced provision FAR 52.212-1; this paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

The following paragraph under referenced provision 52.212-1 is hereby deleted:

(e) Multiple offers

(h) Multiple awards

Provisions incorporated by reference:

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of Terrorist Country (Jan 2009)

Provisions incorporated in full text:

FAR 52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010), ALT I

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include --

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified cost or pricing data, and supporting attachments in accordance with the format provided in Attachment 4 (Pricing Tables).

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision)

FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a single award Time and Materials contract resulting from this solicitation.

FAR 52.233-2 Service of Protest (Sep 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 Margaret K. Ross, Acquisition Operations, DLA Distribution, J Ave, Building 404, New Cumberland PA 17070

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

FAR 52.252-1 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):

http://www.dla.mil/j-3/j-336/icps.htm . (This page can also be reached by accessing the J-71 Web page at http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm and selecting “Go to FAR/DFARS & Local Clauses.”

http://farsite.hill.af.mil/

DLAD 52.233-9000 Agency Protests (NOV 2011)

(a) Companies protesting this procurement may file a protest

(1) With the Contracting Officer,

(2) With the Government Accountability Office (GAO), or

(3) Pursuant to Executive Order Number 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office.

(b) Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order Number 12979."

(c) Defense Logistics Agency (DLA) procedures for Agency Level Protests filed under Executive Order Number 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer. Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer.

(End of Provision)

DLAD 52.233-9001 Disputes Agreement to Use Alternative Dispute Resolution (ADR)

(NOV 2011)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when

ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the Contracting Officer.

Communications Between the Government and Offerors

1. Questions regarding this solicitation prior to proposal submission may occur for the purpose of clarifying elements of the solicitation.

a. Questions shall be submitted by electronic mail to the Contract Specialist, Kimberly Sprenkle via email at Kimberly.Sprenkle@dla.mil with the appropriate subject: SP3300-15-R-0005 Solicitation Question.

Question(s) must be received by 3:00p.m. Eastern local time on Monday, December 1, 2014. Questions received after this date and time will not receive a response. Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the solicitation.

b. Offerors shall submit questions in an MS Word Table landscape format with the following column headings:

Question RFP Page RFP Para

Reference (if question relates to the RFP)

Name of Firm

POC Tel No.

Fax No.

e-mail

c. No information concerning this RFP or requests for clarification will be provided in response to offeror-initiated telephone calls. All such requests must be made by electronic mail in the format noted above and submitted to the above email address.

2. The hour and date for receipt of offers is 3:00 p.m. Eastern Local Time on

December 15, 2014. ONE HARD COPY OF THE OFFEROR’S PROPOSAL

MUST BE RECEIVED IN THIS OFFICE BY THIS DATE AND TIME.

Facsimile and email submissions of Original proposals will not be accepted for determining receipt of proposal.

Proposals sent via US Postal Service or Commercial Carrier (i.e., FedEx, UPS, DHL, etc.)

shall be addressed to the Procuring Contracting Officer (PCO), Mr. Christopher C. Rowe and mailed to:

DLA Distribution J7

ATTN: Christopher C. Rowe Acquisition Operations 5404 J Avenue, Bldg 404 New Cumberland, PA 17070-5059

If the offeror plans to hand deliver the proposal, they shall contact the Contract Specialist via e-mail (Kimberly.Sprenkle@dla.mil) at least one (1) business day in advance to coordinate the proposal delivery.

An electronic COPY of the proposal that the offeror submitted in hard copy format shall be submitted electronically to the contract specialist at Kimberly.Sprenkle@DLA.mil.

3. The packaging of the proposals must be clearly marked with the Offeror’s Name and solicitation number and the following statement:

“FOR OFFICIAL USE ONLY -- SOURCE SELECTION INFORMATION - SEE FAR 2.101

AND FAR 3.104”

4. In order to be eligible for award, the offeror must have an accounting system adequate for determining costs applicable to the contract and such that Government surveillance during performance will provide reasonable assurance that efficient methods and effective costs controls are used IAW FAR 16.104(i).

5. If an offeror has any questions regarding this solicitation or believes that the requirements in these instructions contains an error or omission, the offeror shall immediately notify the Contract Specialist, Kimberly Sprenkle (Kimberly.Sprenkle@dla.mil) in writing in the format provided in paragraph 1(b) above. If an offeror believes that the requirements in this instruction are otherwise unsound, the offeror shall immediately notify the PCO, Mr. Christopher C. Rowe (Christopher.Rowe@dla.mil), in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

6. Submission of a proposal that does not contain all of the items requested in the

Instructions to Offerors may result in elimination from consideration for award.

PROPOSAL PREPARATION REQUIREMENTS

EVERY PROPOSAL PAGE MUST BE STAMPED WITH THE

STATEMENT, “SOURCE SELECTION INFORMATION – SEE FAR 2.101

AND 3.104.”

1. Organization/Number of Copies/Page Limits: The Offeror shall prepare the proposal in the English language as set forth in the Proposal Organization Table below. The titles and contents and number of copies required for each volume are defined below. Proposals shall be submitted as two separate volumes as follows:

(1) Volume I Price Proposal (Original Mailed):

1. Signed and dated Standard Form (SF)1449 with all required fill-ins completed.

2. Completed Schedule of Supplies/Services for base year and options years, Attachment 6, to the solicitation in hard copy format. Prices must be rounded to two decimal points.

3. In accordance with FAR 16.104(h), the Contractor shall have an accounting system which permits timely development of all necessary cost data in the form required by the proposed contract type. The Offeror must complete and submit the certification of the accounting system located in Section 4 of Instructions to Offerors, below. Failure to provide the certification will eliminate the Offeror from consideration for award. The Offeror shall also provide a description of the accounting system in this proposal which demonstrates the ability of the vendor to adhere with the items found in the certification statement. If the Offeror possesses a DCAA approved accounting system, the Offeror may provide the date of approval and the cognizant DCAA office in lieu of the description required above. *The Government does reserve the right to conduct a post-award audit.”

4. Completed Annual Representations and Certifications located at FAR 52.212-3 (Oct 2014) Alternate I (Oct 2014) OR offeror statement indicating that said certifications and representations are current and located in the System for Award Management (SAM) database which can be found at https://www.sam.gov/portal/public/SAM/ .

5. Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.

(2) One electronic copy of completed Proposal Breakdown for Evaluation Purposes for Base Year and Option Years in EXCEL File Workbook format provided with this solicitation under Attachment 6, shall be submitted electronically to Kimberly.Sprenkles@dla.mil in accordance with the proposal submission date and time stated above.

Notes:

a. Unit prices SHALL be rounded to 2 decimal points only.

b. EXCEL spreadsheets contain formulas for calculating the total estimated price per

CLIN/SUBCLIN, the total estimated price per year, and the total estimated price of the contract.

c. Offeror is to complete the unit price column only for each CLIN and SUBCLIN for each contract year. Totals will calculate automatically.

(3) Volume II Original : Past Performance Proposal

2. Binding and Labeling: Each volume of the proposal shall be separately bound in a three-ring loose-leaf binder which shall permit the volume to lie flat when open. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation identification and the offer’s name. The same identifying data should be placed on the spine of each binder. Offerors are advised to apply all appropriate markings including those prescribed in FAR 3.104-4, Disclosure, Protection and Marking of Contractor Bid or Proposal Information and Source Selection Information.

3. Distribution: The originals shall be clearly identified as the “ORIGINAL”, and bear the original signature(s) of the Offeror. The “copies”, if applicable, shall be complete and clearly identified as “COPY” or “DUPLICATE”. Offerors are advised that the proposal is “For Official Use Only” and are considered “Source Selection Information” – See FAR 2.101 & 3.104.

4. Table of Contents: A table of contents for each volume is required.

VOLUME I – SOLICITATION AND CONTRACT AWARD DOCUMENTS

SECTION 1 – COVER LETTER AND SF1499

If the Offeror makes any qualifications to any provisions in the RFP, all such qualifications shall be listed in a cover letter to the proposal. Offerors shall fully complete, execute and return the SF1449 as part of this Volume. Special attention should be taken to ensure that an authorized person signs the offer in Block 30. Offerors are also reminded that one signed copy of each amendment must be included in the submitted proposal package (applicable only if any amendments are issued), otherwise the Offeror’s proposal could be considered unacceptable and may not be considered.

SECTION 2 – SCHEDULE OF SUPPLIES/SERVICES

The Schedule of Supplies/Services is provided as Attachment 6. The Offeror shall complete in hard copy format and submit under Volume I. The proposed unit and total prices shall not be carried out past two decimal points in U.S. dollars.

SECTION 3 – REPRESENTATIONS AND CERTIFICATIONS

By the proposal submission, the Offeror verifies their Representation and Certifications are available through the System for Award Management (SAM) database which can be found at https://www.sam.gov/portal/public/SAM/ and have been entered or updated within the last 12 months and are current, accurate, complete and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer.

The Offeror shall address each Representation and Certification identified at FAR 52.212-3, with its Alternate I, and applicable DFARS Representations and Certifications contained in this solicitation.

SECTION 4 – ACCOUNTING SYSTEM CERTIFICATION

CERTIFICATION OF OFFEROR’S ACCOUNTING SYSTEM IAW FAR 16.104(i)

Company ABC________ hereby certifies that the accounting system in place:

i. is operable and adequate for the tracking of labor costs against this contract, and

ii. segregates the labor costs allocable to this contract.

The Offeror shall check the block that applies below and attest to this certification.

_____ The accounting system has been determined adequate by DCAA _____ The Offeror self-certifies that the system is adequate _____ The Offeror does not certify that the system is adequate

Signature

Printed Name

Title

SECTION 5 – AMENDMENTS ACKWLEDGED, IF ANY ISSUED

VOLUME II – PAST PERFORMANCE

The Offeror shall describe their background, knowledge and experience related to unscheduled maintenance services for MHE. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in the SOW. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, relevant contracts.

The Government shall only consider relevant past performance data. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of scope, complexity, and magnitude of effort. The Offeror must demonstrate through past performance an ability to perform the work described in the solicitation. This is done by demonstrating that they have successfully executed contracts of similar scope and magnitude within the past five years. (The Government recommends submission of at least three contracts, but will evaluate any and all submitted). Offerors shall provide a detailed explanation of the relevance of the contracts or efforts to the requirements as defined in the SOW. If subcontractor experience is provided as part of the most relevant contracts, it will be given weight relative to the percentage of effort being provided by that particular subcontractor in the offer submitted. The references will be evaluated in the aggregate in order to allow Offerors who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above.

If an Offeror or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested below: “(Insert Offeror or subcontractor’s name) has determined that they possess no past performance information in accordance with the RFP.”

To be compliant with this factor offerors shall provide the following information for both the Offeror and proposed subcontractors.

(1) An index of previous contract data for the Offeror. The index shall contain three or more PRIME contracts and SUBCONTRACTS that the Offeror is currently performing or has completed during the last five years. The index shall include:

- Contractor Name

- Name of the customer/agency

- Contract/Purchase Order Number

- Customer points of contact (minimum of two, provide name, telephone number, fax number, and e-mail addresses)

- Length of contract

- Period of performance (dates)

- Initial Contract Price

- Final Contract Price or price as of the last modification

- Description of product/service provided (include sufficient detail to demonstrate the scope and complexity of the product/service provided)

- Discussion of the similarities and differences of experience (include sufficient detail to demonstrate similarities/dissimilarities to the requirements of this solicitation)

- Facilities in which the product/service was performed

- Quality of Past Performance; to include a discussion of actual performance under each contract listed, including problems encountered; how they were resolved; the timeliness of deliverables required; how costs were controlled; business relationships;

management of personnel, and any other areas deemed necessary to provide insight into actual performance issues

(2) A narrative synopsis that shall describe the specific nature of the work, similarities with the proposed work and the relevant experience gained.

(3) An index of Previous Contract Data for all subcontractors containing the information listed in

(1) above as it relates to PRIME and SUBCONTRACTS that the subcontractor is currently performing or has completed during the last five years.

(4) Completion of the Past Performance Questionnaire attached to this solicitation. Offerors and all subcontractors shall send this questionnaire to previous customers of prime and subcontracts.

All questionnaires shall be submitted to the Government by the proposal due date and time identified in the solicitation. All previous contracts the Offeror utilizes for Questionnaire information must be contained in the Previous Contract Data index for the Offeror/subcontractor.

The Offeror/subcontractor shall complete the Previous Contract Data index prior to submitting the questionnaire to the customer. The Offeror/subcontractor shall ask the customer to complete the questionnaire and return it directly to the Contract Specialist identified in the solicitation.

Government evaluation members may contact the named individuals to clarify, obtain additional information, or conduct a telephone survey of past performance. As such, the Offeror/subcontractor shall provide a list of all Questionnaires submitted that provides the following information:

- Name of the customer/agency

- Date submitted to customer/agency

- Contract/Purchase Order Number

- Customer points of contact (minimum of two, provide name, telephone number, fax number, and e-mail addresses)

- Whether the Offeror/subcontractor was a Prime or Subcontractor

(4) Attachment 9, Past Performance Questionnaire. Offerors and all major subcontractors shall send this questionnaire to previous customers of relevant prime and subcontracts. All questionnaires shall be sent by the proposal due date and time identified in the Instructions to Offerors. All previous contracts the offeror utilizes for Questionnaire information must be contained in the Previous Contract Data index for the offeror/major subcontractor. The offeror/major subcontractor shall complete Part I of Attachment J.7 prior to submitting the questionnaire to the customer. The offeror/major subcontractor shall ask the customer to complete the questionnaire and return it directly via email to the Contract Specialist identified in Part III – RETURN INFORMATION of the questionnaire. Evaluation members may contact the named individuals to clarify, obtain additional information, or conduct a telephonic survey of present/past performance. As such, the offeror/subcontractor shall provide a list of all Questionnaires submitted that provides the following information:

– Name of the customer/agency;

– Date submitted to customer/agency;

– Contract/Purchase Order Number

– Customer points of contact (minimum of two, provide name, telephone number, fax number and e-mail addresses) and;

– Whether the offeror/major subcontractor was a Prime or Subcontractor.

(5) Offerors and their subcontractors may describe any quality awards or certifications that indicate technical excellence in the service requested. Examples of such awards or certifications include, the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g., the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Indicate what segment of the company (division or entire company) received the award or certification and the date. If the award or certification is over three years old, present evidence the qualifications still apply.

The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), responses received from the Performance Risk Assessment Questionnaire, data submitted by the Offeror, and any other information available to determine the quality and relevance of the Offeror’s past performance.