UBIS Section L and M .doc

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 General Proposal Information. The proposal, subject to the Submission, Modification, Revision and Withdrawal paragraph of Instructions to Offeror - Competitive Acquisition (52.215-1) contained in Section L of the solicitation, shall be submitted in the format and quantities set forth below. All information necessary for the review and evaluation of a proposal must be contained in the proposal volumes set forth below. Section M of the solicitation sets forth the evaluation criteria and delineates the factors to be evaluated and their relative order of importance. The offeror’s proposal, as required by this section, will be evaluated as set forth in Section M of this solicitation. The proposal shall be presented in sufficient detail to allow Government evaluation of its response to the requirements of the solicitation. The Government will not assume the offeror possesses any capability, understanding, or commitment not specified in the proposal. It is an offeror’s responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates an understanding of and the ability to comply with the solicitation requirements to allow for a meaningful review and evaluation. The Government does not assume the duty to search for data to cure problems we find in proposals.

L.1.2 Minimum Acceptance Period.

This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation (e.g. SF 33 Box 12).

ACCEPTANCE PERIOD means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of offers.

L.1.2.1 The Government specified minimum acceptance period is 180 calendar days from the date specified in this solicitation for receipt of offers.

L.1.2.2 The offeror shall clearly state in its Administrative Volume IV the proposal acceptance period. The offeror may specify a longer acceptance period than the Government's minimum acceptance period stated above.

L.1.2.3 An offeror that proposes less than the established minimum acceptance period, or fails to provide a proposal acceptance period, may be rejected.

L.2 Proposal Content, Format and Instructions

L.2.1 Proposal Content

L.2.1.1 All proposals shall be in English (American Standard) and shall be in US dollars. Proposals not in English or in US Dollars may be rejected. The proposal shall include all information specified and shall address all requirements outlined in Section L. The offeror's proposal shall be submitted organized in separate volumes and within the page limits as set forth below. The offerors proposal shall consist of the following volumes:

Volume

Number Title

Page Limit

Volume I Past Performance Unlimited Volume II Price

Unlimited Volume III Small Business Participation 10 pages Volume IV Administrative

Unlimited L.2.1.2 A Proposal Executive Summary or transmittal letter is optional. It will neither be considered as part of the volumes required, nor will it be evaluated. If a Proposal Executive Summary is submitted, it must be submitted as part of the Administrative volume above and it should be no more than four pages in length.

L.2.2 Proposal Method of Submission, Format, and Instructions

L.2.2.1 Method of Submission:

Electronic proposals submitted via E-mail or Fax, and hardcopy proposals will NOT be accepted. Hand-carried offers, whether hardcopy or electronic, will NOT be accepted.

Offerors are required to submit proposals electronically, via DoD Secure Access File Exchange (SAFE) IAW the following Proposal Submission Instructions and Process. Use of DoD SAFE requires the offeror’s understanding and consent of DoD SAFE’s user behavior guidelines and all terms of use. This RFP requires use of a one-time submission code provided by the Government for tracking purposes outlined in Proposal Submission Instructions and Process below. Offerors with CAC cards may not submit a proposal via DoD SAFE without a Government provided submission code.

NOTE: IAW FAR 15.208, it is the responsibility of the offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation IAW the Instructions below. Please note that when submitting through DoD SAFE, there is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

Proposal Submission Instructions and Process:

Step 1 (Offeror): The offerors shall email matthew.j.kainz.civ@mail.mil of their intent to submit a proposal and request a DoD SAFE Drop Off code. Unless otherwise specified in the request, the Government will use the email account from the request to process a Drop Off Request.

NOTE 1: It is recommended that this request is submitted no sooner than 14 days (Drop Off Requests are only valid for 14 days), and no later than 72 hours, prior to proposal due date and time.

NOTE 2: The current file limit for Drop Off is 25 files. If the offeror intends to submit more than 25 files, it is the offeror’s responsibility to request a 2nd Drop Off code with its request.

Step 2 (Government): The Government will send a one-time submission code through the “request a drop off” feature of DoD SAFE. For tracking purposes, the Government will only provide this to a single email account on behalf of the offeror.

Step 3 (Offeror): The offeror will receive an email from the DoD SAFE with a link and a one-time submission code must be used to submit a proposal for this solicitation. The offeror opens the link and Adds Files.

Step 4 (Offeror): The offeror submits files by clicking Drop-off File. Proposal submission does not occur until the “Drop-off File” occurs.

NOTE 3: It is highly recommended that the offeror take a screen shot of the “Drop Off Completed” screen and email it to matthew.j.kainz.civ@mail.mil Step 5(Offeror): If the offeror needs to update its submission prior to the RFP closing date, it shall follow the same steps outlined above.

L.2.2.2 Proposal Format and Instructions

L.2.2.2.1 Each submitted File shall be labeled and named so it is identifiable for which volume it pertains (example: Volume II, Price Factor) L.2.2.2.2 Electronic Files. The proposal electronic file name should not exceed 50 characters in length (not including the file extension). Ensure the file name does not contain any periods.

L.2.2.2.3 Acceptable File Formats. All electronic information provided in response to the solicitation must be provided in Microsoft (MS) Office 2013 compatible or Adobe Portable Document Format (PDF) format or except as noted in instructions for individual volumes. For files in PDF format, scanners should be set to 200 dots per inch. The proposal shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic proposal. Any linked information that is not contained in the proposal will not be accepted.

L.2.2.2.4 Unless otherwise specified, it is recommended that the proposal be formatted for 8.5 inch x 11 inch paper with a minimum font size of 10 pt. and with a minimum of 0.5 margins. Schedules, drawings and other documents more appropriate to larger size should be formatted for no larger than 8.5 inch x 14 inch dimensions.

L.2.2.2.5 Provide spreadsheets that include all formulas, function, macros, computations, or equations used to compute the proposed amounts. For each workbook, all Rows, Columns, Cells, and Worksheets are to be visible. Do not include zero height and zero width rows and columns in worksheets. Do not format worksheet cells with font color equal to the fill color. If workbooks or worksheets are password protected, then the passwords must be provided. Do not submit print image files or pictures or files containing only values are not acceptable. Failure to provide fully functional excel spreadsheets in the proposal may result in the proposal being rejected (See Section M.2.1(a)).

L.2.2.2.6 The offeror shall make every effort to ensure that the proposal is virus-free. Proposals (or portions thereof) submitted which indicate the presence of a virus, or which are otherwise rendered unreadable by damage in electronic transit, shall be treated as "unreadable" as described in FAR 15.207(c).

L.2.2.2.7 The Government will not accept any proposals containing classified information in any form. The offeror is responsible for ensuring that the proposal does not contain classified information prior to submitting its proposal to the Government.

L.2.2.3 Submission Due Date

The offeror must ensure its proposal, in its entirety, reaches the required destination before the date and time set for closing of the solicitation set forth in Block 9 on the SF 33 front page of the solicitation.

L.2.2.3.1 Lateness

The lateness rules for submitted proposals are outlined in FAR 52.215-1 "Instructions to Offerors-Competitive Acquisition” and are incorporated into this solicitation.

Solicitation Number: W56HZV-21-R-0093

Proposal Due Date & Time: (Refer to Standard Form 33 (pg. 1), Block 9)

L.2.3 Single Proposal Submission

The offerors are limited to submitting one proposal with one approach to meeting the requirements of this solicitation. An offeror is defined as an entity competing independently that does not share a common parent, does not have a parent/subsidiary relationship with any other offeror, and is not affiliated with any other offeror (as defined in Federal Acquisition Regulation (FAR) 19.101).

L.2.4 Organizational Conflict of Interest

L.2.4.1 The provisions of FAR 9.5, Organizational Conflict of Interest (OCI), apply to any award under this Request For Proposal (RFP). Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage.

L.2.4.2 The offeror shall disclose any potential OCI situations to the Contracting Officer as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The Contracting Officer will promptly respond to resolve any potential conflicts.

L.3.1 Export Controlled Information

This solicitation contains Export Controlled information in Controlled Unclassified Attachments. It is the responsibility of the offeror, not the Government, to obtain the appropriate export licenses, or process appropriate export license exemption, necessary for authorization to share any such information with subcontractors who are foreign persons as defined in applicable export laws and regulations, or to obtain access to the files themselves. The Government shall consider the failure or inability of an offeror to obtain the appropriate export compliance documentation and provide that in its proposal as grounds for rejection IAW M.2. The Government will not sponsor or in any way assist the offeror and its subcontractor(s) in obtaining the appropriate level of security clearance.

L.3.2 All or None

Offers in response to this solicitation must be submitted for all the requirements identified in the solicitation. Offers submitted for less than all the requirements called for by this solicitation may be rejected or ineligible for award. Proposals that contain alternative terms and conditions may be considered as taking exception to the requirements of the solicitation. See Section M.2.

L.4 Evaluation Factors

Offeror proposals shall address the following Factors:

I. Past Performance II. Price

III. Small Business Participation

L.4.1 Volume I: Past Performance Factor:

For the Past Performance Factor, provide information for a total of up to 2 Recent Contracts performed by the offeror as the prime contractor, that the offeror considers to have relevance. These may include foreign, federal, state, local and private industry contracts. The burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance volume. The Government does not assume the duty to search for data to cure problems it finds in proposals. While the Government may elect to consider data obtained from internal and external sources other than the proposal, the burden to provide thorough and complete past performance information rests with the offeror. The below instructions are provided to advise offerors as to the information required by the Government to assess the contractor’s Recent and Relevant past performance. Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner. Failure to provide the information requested under paragraph L.4.1.3 and L.4.1.4 (if applicable) below may result in an assessment that the offeror does not possess a record of Recent and Relevant past performance.

For the purpose of this Factor, a Contract is defined as a written instrument that requires the performance of a distinct effort and demonstrates the distinct effort was actually performed. Written instruments containing supplies or services that can be ordered but typically do not demonstrate actual performance, such as Indefinite Delivery Contracts (FAR 16.5), Basic Ordering Agreements (BOA), Blanket Purchase Agreements (BPA), and Federal Supply Schedules (FSS) do not meet the definition of a Contract. Written instruments considered to demonstrate actual performance may include a single task or delivery order, a single work directive, or a single definite quantity contract provided it demonstrates a distinct effort was actually performed. An offeror may submit, or the Government may require, written instruments that enhance the Government’s understanding of the distinct effort actually performed if it is not identified on the Contract itself. It is incumbent upon the offeror to demonstrate that a distinct effort was actually performed.

L.4.1.1 Recent Contracts are those performed within 3 years of the date of issuance of this RFP.

L.4.1.2 Relevant Contracts are those comparable in scope and magnitude of effort and complexity to the following statement of work requirements:

Forming Metallic Armor Kits for a combat sized vehicle L.4.1.3 Contract Information: Refer to the definition of a Contract above (L.4.1). The offeror’s proposal shall substantiate what distinct effort was required and actually performed under each of the proposed Contract(s). For each Contract(s) submitted, provide the following information:

(a) Prime Contractor name and address;

(b) Contract Number (and delivery/task order number if applicable);

(c) Contract Type;

(d) Total Value of the Contract (beginning & ending value);

(e) Delivery or Performance Schedule;

(f) Government or private industry contracting activity address, telephone number and e-mail;

(g) Procuring Contracting Officers (PCO) and/or Contract Specialist’s name, or point of contact for private industry entity responsible for signing or administering the Contract, telephone number and e-mail;

(h) Government (DCMA) or private industry administrative contracting officer (ACO), contracting officers representative (COR), performance certifier, and/or quality assurance representative (QAR), name, telephone number and email;

(i) Specify the Government or Contractor Point(s) of Contact for which the Questionnaire was sent, and provide the date(s) it was sent.

(j) A description of the work performed by the offeror, which shall include a narrative describing the similarities between (1) the relevant work performed under the statement of work requirements of the offeror’s cited Contract(s) and (2) the statement of work requirements identified in L.4.1.2. In its narrative, the offeror shall specify the location in the cited Contract’s statement of work (to include paragraph and page number) that substantiates the relevant work performed;

(k) Contract period of performance;

(l) Provide a brief self-assessment of Contract performance. The self-assessment must address performance to meet Technical and Schedule requirements; and

(m) Copy of the complete Performance Work Statement or Scope of Work for each of the submitted Contracts. If the proposed Contract was issued under or in connection with a related written instrument (e.g. Indefinite Delivery Contracts, BOA, BPA, FSS) and the details of the distinct effort actually performed needed to establish relevancy on the proposed Contract are further defined within the terms and conditions (e.g. statement of work) of that related written instrument, provide that information and any other information necessary to establish this instrument’s relationship to the proposed Contract. (These documents can be submitted as stand-alone attachments within the proposal volume).

L.4.1.4 Associated Entity, Predecessor Company, and Joint Venture. As stated above (L.4.1), only Contracts performed by the named offeror will be considered, however the Government may consider the past performance of an associated entity, a predecessor company, or joint venture as explained below.

L.4.1.4.1 Associated Entity. The Government may consider the past performance of an associated entity if the offeror successfully demonstrates meaningful involvement by the associated entity in the proposed effort.

a) An associated entity may include a parent company, separate corporate division within the same parent company, subsidiary company, a legally affiliated company, etc. The offeror shall provide to the Government a narrative that explains the offeror’s relationship to the associated entity. The offeror shall support the narrative with legal documentation, including but not limited to corporate papers, establishing the legal nexus between the offeror and the associated entity.

b) The offeror shall provide to the Government a narrative that explains the meaningful involvement the associated entity will provide to the proposed effort – i.e. the work to be performed by the associated entity. Meaningful involvement may include a description of the associated entity’s resources, such as its workforce, facilities, and/or other resources that will be provided or relied upon in the proposed effort. A Contract will not be considered unless the offeror successfully establishes meaningful involvement by the associated entity in the proposed effort.

L.4.1.4.2 Predecessor Company. The Government may consider the past performance of a predecessor company if the offeror demonstrates the experience of the predecessor company is reasonably predictive of the offeror’s performance under the proposed effort.

a) A predecessor company may include a company which was acquired by the offeror or merged with the offeror. It may also include other instances where the predecessor company was reorganized, restructured, or otherwise altered. A predecessor company does not include an entity which remains separate and distinct from the offeror. The offeror shall provide to the Government a narrative that explains the offeror’s relationship to the predecessor company. The offeror shall support the narrative with documentation evidencing the offeror’s status as the successor company.

b) The offeror shall provide to the Government a narrative that explains why the predecessor’s past performance is predictive of the offeror’s performance under the proposed effort. Evidence may include, but is not limited to, continuity of operations such as the continued employment of the predecessor’s employees and the transfer of assets including buildings, furnishings, and fixtures.

L.4.1.4.3 Individual Partners of a Joint Venture. If the offeror is a Joint Venture, the Government may consider past performance of each partner of the Joint Venture and any work performed by the Joint Venture itself previously. The offeror must successfully demonstrate meaningful involvement by the partner to the proposed effort.

a) The offeror shall provide to the Government a narrative that discloses the individual partners of the Joint Venture and shall provide documentation evidencing the Joint Venture.

b) The offeror shall provide to the Government a narrative that explains the meaningful involvement the Joint Venture partner will provide to the proposed effort. Meaningful involvement may include a description of the partner’s resources, such as its workforce, facilities, and/or other resources that will be provided or relied upon in the proposed effort. A Contract will not be considered unless the offeror successfully establishes meaningful involvement by the partner in the proposed effort.

L.4.1.5 Past Performance Questionnaire. A past performance questionnaire is provided in Attachment 0005. For each contract submitted by the offeror, the offeror shall send a copy of the past performance questionnaire directly to the appropriate PCO and/or COR listed in L.4.1.3 (g) and (h). The offeror shall request that these individuals complete the questionnaire and forward it electronically directly to the Government at matthew.j.kainz.civ@mail.mil as soon as possible and prior to the RFP closing date (See Block #9 of the SF33 cover page to this solicitation) with the subject heading “PAST PERFORMANCE INFORMATION FOR [Offeror name].

L.4.2 Volume II: Price Factor:

In accordance with FAR 15.403-5(a)(1), certified cost or pricing data is not required for initial proposal submission. For initial proposal submission, provide the information outlined below. Offerors may submit any other additional cost or price information it considers to be helpful in the Government's evaluation of its price proposal.

L.4.2.1 Provide all prices and costs in U.S. dollars only.

L.4.2.2 Attachment 0006 – Pricing Workbook:

Submit your completed Attachment 0006- Pricing Workbook with your proposal. Complete the attachment in accordance with the instructions included within the attachment. Propose Firm-Fixed-Prices for all CLINs included in the Attachment. Submit the attachment in Microsoft Excel format. Do not enter any proposed prices into Section B of the RFP.

L.4.2.2 The Government reserves the right to request additional or more detailed cost or price information to support its evaluation.

L.4.2.3 Use of Existing Government-Furnished Property (if applicable):

L.4.2.3.1 If the offeror is proposing to utilize Government-Furnished Property (GFP) that it received on another Government contract on a rent-free basis in performance of this contract, then the offeror must provide a list of GFP that includes the following for each item:

- Acquisition cost;

- Age;

- Type of GFP;

- The accountable contract under which the property is held;

- The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;

- The amount of rent that would otherwise be charged in accordance with FAR 52.245-9, Use and Charges;

- Evidence that it obtained authorization for its rent-free use from the contracting officer having cognizance of the property; and

- Any additional information required in accordance with Attachment 0007 – Use of Existing Government-Furnished Property.

L.4.2.3.2 The offeror is to obtain any rental equivalent amounts (or any other data required) from the cognizant contracting officer necessary to determine the GFP Price Adjustment calculated in accordance with Attachment 0007 – Use of Existing Government-Furnished Property.

L.4.2.4.3.3 The offeror shall identify the total GFP Price Adjustment (for all classifications of property) that it calculated in accordance with Attachment 0007– Use of Existing Government-Furnished Property, and provide all calculations showing how the total GFP Price Adjustment was developed. If applicable, the offeror is to also identify the rationale for any allocations to each CLIN.

Volume III - Small Business Participation (SBP) Factor:

L.4.3 Application: The Small Business Participation proposal submission instructions apply to every offeror (U.S. and non-U.S.), regardless of size, socioeconomic status, or locations of working facilities or headquarters.

L.4.3.1 Small Business Participation Factor Workbook (Attachment 0009) and Small Business Participation Factor Workbook Instructions (Attachment 0008):

a. All offerors, including offerors that are small business concerns based on the North American Industry Classification System (NAICS) code assigned to this solicitation, are required to complete the SBP Factor Workbook using the detailed SBP Factor Workbook Instructions. The offeror’s submission of the SBP Factor Workbook is the offeror’s proposed extent of Small Business Participation in each Small Business category.

b. An offeror shall fill out the SBP Factor Workbook with goals for this solicitation specifically, even if it is an Other-Than-Small-Business (OTSB) submitting a Comprehensive Subcontracting Plan.

c. When filling in the workbook, the offeror shall include the dollars for prime contractor participation and subcontractor participation that are a part of the “Total Contract Amount.” The “Total Contract Amount” for the purposes of this Factor is defined as: The proposed amounts for all of the Basic CLINs and all of the Option CLINs. (See Cross Reference in Price Workbook – Attachment 0006, Summary Tab, Cell D15.)

d. The offeror shall use the automatic “Roll-Up” tab in the Workbook to check for consistency between the SBP Factor Submittal and other parts of the proposal (i.e Price Factor), and (for offerors who are OTSB) the submitted Subcontracting Plan.

L.4.3.2. Registrations, Agreements, and Certifications:

a. The Government may use the System for Award Management (SAM) to verify size, ownership, and any other information provided about the prime and subcontractors listed in the proposal. The Small Business Administration (SBA) Dynamic Small Business Search (DSBS) Database is the official source for the SBA certified designations of 8(a), 8(a) Joint Venture, and HUBZone SB. The Government may use this system to verify any SBA certifications of the prime and subcontractors. Offerors should be aware of how SB concerns are defined (see Small Business Participation Factor Workbook Instructions (Attachment 0008) and 13 CFR 121, Small Business Size Regulations). The offeror is advised to review 13 CFR 121.103, "How Does SBA Determine Affiliation;” FAR 2.101, “Small Business Teaming Arrangement;” and FAR 19.101, “Affiliates.”

b. Failure to register in SAM for the corresponding NAICS code identified in FAR clause 52.204-8 prior to submitting a proposal for this solicitation may preclude an award being made to an offeror.

c. Joint Venture Registration. If the offeror is a small business joint venture, the joint venture shall be registered in SAM under its own name IAW 13 CFR 121.103(h). In addition, each member in a small business joint venture shall be registered in SAM for the type of work it does. To be recognized as a small business joint venture and be eligible for award of a contract, the membership arrangements of the joint venture shall be identified and the company relationships fully disclosed in the offeror’s proposal IAW FAR 9.603.

d. Affiliate Registration. If the offeror is a small business that has first tier affiliates that will be performing work on the proposed contract, each first tier affiliate shall be registered in SAM for the type of work it does.

e. Subcontractor Registration or Certification. According to FAR Clauses 52.219-8 and 52.219-9 in this solicitation, the offeror may not require subcontractors to be registered in SAM. For any small business subcontractor listed in the SBP Factor Workbook that is not registered in SAM, the offeror shall provide IAW 13 CFR 121.411(g), a Certification Form (Attachment 0010) from that subcontractor verifying its small business size and socioeconomic status. This certification shall contain, on the same page as the size and status claimed, the signature of the official authorized to sign for the subcontractor.

L.4.3.3 Subcontracting Reports:

a.

The offeror shall provide documentation of performance in complying with the requirements of FAR 52.219-9, DFARS 252.219-7003, and DFARS 252.219-7004, as applicable, over the twelve months prior to solicitation release date if the offeror meets both of the following criteria:

(1) The offeror is an OTSB concern as defined by the NAICS code applicable to this solicitation.

(2) The offeror has had prior contracts requiring the submission of a Small Business Subcontracting Plan.

b. The offeror shall provide the documentation by:

(1) Filling out the “Reports” tab of the SBP Factor Workbook (Attachment 0009) using the SBP Factor Workbook Instructions (Attachment 0008) and

(2) Submitting the documents requested in Section 1 of the “Reports” tab in the Workbook.

L.4.3.4. Other Resources/Additional Data: In addition to the data submitted by the Offeror, and the data found in Government systems specifically referenced throughout this L.4, the Government may use other resources to evaluate the Offeror’s SBP Factor Submittal. The Government reserves the right, during clarification or discussion under FAR 15.306, to request additional data to support its assessment.

L.5 Volume IV Administrative:

In addition to the proposal evaluation factor volumes above, provide the following information:

L.5.1 Signature Actions/offeror Fill-Ins. Provide a scanned image of a signed copy of the SF33 cover page, a copy of all completed fill-ins for Sections A through K, and (if applicable) a signed copy of all Amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award.

L.5.1.1 Where certifications and approved systems are required for an offeror, if the proposal is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the proposal.

L.5.1.2 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's proposal IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all of the members comprising the JV.

L.5.2 The offeror’s proposal acceptance period in terms of calendar days from the date for receipt of offers specified in the RFP. (See Section L.1.2)

L.5.3 Statement of Acknowledgement. A statement specifying the extent of agreement with all terms, conditions, and provisions of the RFP, and a statement of agreement to furnish and deliver the items or perform services set forth in the RFP in consideration for offeror’s proposed price(s) set opposite each item. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be determined to be a Deficiency or grounds for the Government to reject the proposal from further consideration in the source selection process (Reference M.2.1).

L.5.4 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the proposal. The offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be determined to be a Deficiency or grounds for the Government to reject the proposal from further consideration in the source selection process (Reference M.2.1).

L.5.5 Organizational Conflict of Interest (OCI). The offeror shall provide an affirmative statement that the offeror does not have an OCI as it applies to this solicitation. (Reference L.2.4.2)

L.5.6 Small Business Subcontracting Plan

L.5.6.1 If the offeror is other than a U.S. Small Business concern as defined by the North American Industry Classification System (NAICS) code applicable to this solicitation, the offeror shall submit an acceptable small business subcontracting plan IAW FAR Clause 52.219-9 and its ALT II and Defense FAR Supplement (DFARS) Clause 252.219-7003 and provide this plan as part of the proposal submission. Offerors are encouraged to review the DoD checklist at http://business.defense.gov/Acquisition/Subcontracting/. Note that such a plan is not required of offerors that are small businesses.

L.5.6.2 The plan shall be submitted as a stand-alone document to the proposal in response to this solicitation, as part of Volume IV.

L.5.6.3 Each page of the subcontracting plan shall be marked with the solicitation number and date, and may also be marked with other codes or identification symbols to aid in later identification.

L.5.6.4 Dollars: The Small Business Participation Factor includes specific instructions as to what to include in the dollars for the Factor Submittal, for example, specific CLINS, options, task orders, proposed prices, target prices, or weighted average prices, etc. To ensure consistency with the Small Business Participation Factor, the offeror shall follow those same instructions in developing the Small Business Subcontracting Plan dollars.

L.5.6.5 Percentages: The offeror shall submit the Small Business Subcontracting Plan with goals expressed in TWO ways:

(a) as a percentage of Total Contract Amount as defined in the Small Business Participation Factor in this Section L.

(b) as a percentage of Total Subcontracting Amount.

L.5.6.6 Breakout: The offeror shall note the differences between the Small Business Participation Factor and the Small Business Subcontracting Plan, as explained in the Small Business Participation Factor, including the proper breakout of the Small Business Subcontracting Plan.

L.5.6.7 If the offeror participates in the Small Business Subcontracting Plan (Test Program) described in DFARS 219.702, an approved DoD Comprehensive Subcontracting Plan may be submitted with the offer. DFARS 252.219-7004 shall be added to any contract that incorporates a DoD Comprehensive Plan.

L.5.7 2,000 Ton Press

L.5.7.1 The offeror must provide the manufacturers specification sheet and a purchasing/rental agreement that demonstrates the offeror has access to a 2,000 Ton press.

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD

M.1.1 GENERAL: The Government intends to award one Firm Fixed Price contract containing a base year with four option years. An award will be made to the offeror whose proposal represents the best value to the Government IAW the criteria set forth below, and is eligible for award.

There are three evaluation factors:

1. Past Performance

2. Price

3. Small Business Participation

The relative order of importance of these factors is described in paragraph M.4 below.

M.1.1.2 Proposal selection will be made utilizing the source selection trade-off process, considering the evaluation Factors and their relative order of importance (see Section M.4), to identify the proposal which represents the best value and is most advantageous to the Government. The Government will weigh the evaluation factors (other than the Price Factor) against the final evaluated price to the Government. As part of the best value determination, the relative strengths, weaknesses, and risks of each proposal shall be considered in selecting the offer that is most advantageous and represents the best overall value to the Government. The Government reserves the right to choose not to award a contract if such action is in the Government’s best interest.

M.1.1.3 In making the award decision, the Government will review proposals to determine if any other price adjustments (beyond those already included in the total evaluated price) are required IAW the FAR, DFARS, or clauses or provisions contained within this solicitation. If an additional price adjustment is determined to be applicable, then the Government will develop a final evaluated price for those offerors impacted by the adjustment(s) and base the final award decision on this final price. IAW FAR 52.219-4(b)(2), if the HUBZone price adjustment is applicable, then all other price adjustments described in the solicitation shall be applied before the application of the HUBZone price adjustment.

M.1.1.4 Importance of Price. Award will be made to the offeror whose proposal represents the best value to the Government and is otherwise eligible for award. This may not be the offeror with the lowest total evaluated price. However, the closer offeror's evaluations are to each other in those Factors other than the Price Factor, the more important price becomes in the decision. Notwithstanding the relative order of importance of the evaluation Factors stated herein, price may be controlling when:

a. Proposals are otherwise considered approximately equal in non-price factors; or

b. An otherwise superior proposal is unaffordable; or

c. The advantages of a higher rated, higher priced proposal are not considered to be worth the price premium.

M.1.2 Eligibility for Award. Award will only be made to an offeror who is eligible for award. To be eligible for award:

a. The offeror must be determined responsible (See Section M.3.6)

b. The proposal must not contain a Deficiency(s) (per FAR Part 15.001);

c. The offeror must be registered in the System for Award Management (SAM) - see provision 52.204-7; and

d. The offeror must prove they have access to a 2,000 ton press: see L.5.7.

M.2 Rejection of Offers

M.2.1 The Government may reject any proposal if in the Government's best interest at any time after receipt of proposal. Examples include, but are not limited to, the following proposal conditions:

a. The proposal fails to meaningfully respond to the instructions in Section L of this solicitation (e.g. a proposal provides some data but omits significant material data and information required by Section L, the offeror fails to submit pricing Attachment 0006 Pricing Workbook the proposal fails to follow key proposal instructions or format requirements in Section L, etc.).

b. A proposal merely offers to perform work according to the solicitation terms or fails to present more than a statement indicating its capability to comply with the solicitation terms and does not provide support and elaboration as specified in Section L of this solicitation.

c. The proposal proposes exceptions to the RFP requirements, attachments, exhibits, enclosures, or solicitation terms and conditions.

d. The proposal contains one or more Organizational Conflicts of Interest (OCIs) that cannot be avoided or mitigated. Refer to Section L paragraph L.5.5 of this solicitation, "Organizational Conflict of Interest."

e. The proposal is unbalanced as to price. Refer to Section M.4.2.1.3.

f. The proposal submitted is for less than all the requirements called for by the solicitation.

g. The proposal’s acceptance period does not meet the Government’s required minimum acceptance period, or the offeror fails to provide a proposal acceptance period (Refer to Section L.1.2).

h. The proposal is not in English (American Standard) or in US Dollars.

i. The offeror fails to provide appropriate export compliance documentation at the time of proposal.

M.3 Source Selection Process

M.3.1 Compliance Review. After receipt of proposals, but prior to the evaluation process, the Government will perform a compliance review of the offeror’s proposal to determine the extent of compliance to the solicitation instructions, and whether the proposal meets any of the conditions listed in M.2, Rejection of Offerors.

M.3.2 Evaluation Process. Selection of the successful offeror will be made following an assessment of each proposal not otherwise rejected, based on the response to the information called for in Section L of this RFP, and against the solicitation requirements and the evaluation criteria described in Sections M.6, M.7, and M.8. Proposals not otherwise rejected will be evaluated as specified herein, to include developing narrative support for the evaluation conclusions under each Factor.

M.3.3 Source Selection Authority (SSA). The SSA is the official designated to direct the source selection process and select the offeror for contract award.

M.3.4 Source Selection Evaluation Board (SSEB). An SSEB has been established by the Government to evaluate proposals in response to this solicitation. The SSEB is comprised of technically qualified individuals who have been selected to conduct this evaluation IAW the evaluation criteria for this solicitation. All proposals not otherwise rejected will be given careful, full and impartial consideration by a team of Government personnel in the evaluation, pursuant to the criteria in this solicitation.

M.3.5 Award without Discussions. This RFP includes FAR Provision 52.215-1 Instructions to Offerors Competitive Acquisition in Section L which advises offerors that the Government intends to make award without conducting discussions. Where awards will be made without discussions, exchanges with offerors are limited to Clarifications as defined in FAR 15.306(a). Therefore, the offerors initial proposal should contain the offerors best terms from a Price and non-Price Factor standpoint. However, under FAR 52.215-1(f)(4), the Government reserves the right to hold discussions, if necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

M.3.6 Determination of Responsibility. Per FAR Part 9.103, a contract will be placed only with the offeror that the Contracting Officer determines to be responsible. Prospective offeror(s), in order to be eligible for award for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR Part 9.104. In addition, the Government may assess the offeror's financial and management capabilities to meet the solicitation requirements. The Government reserves the right to conduct a Pre-Award Survey on any or all offeror(s) or their subcontractors to aid the Contracting Officer in the evaluation of each offeror's proposal and ensure that a selected offeror is responsible. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer. To make sure that you meet the responsibility criteria at FAR Part 9.104, the Government may:

a. Arrange a visit to your facility and perform a necessary Pre-Award Survey. The offeror's refusal to authorize the Government to visit the offerors facility may result in a determination that the offeror is not responsible.

And/or

b. Request an offeror provide financial, technical, production, or managerial background information. If the requested information is not submitted within 7 calendar days from the date of the receipt of the request, or if an offeror refuses the Government access to its facility, the Government may determine the offeror non-responsible. If the Government visits the offeror's facility, please ensure that current data relevant to the proposal is available for Government personnel to review.

M.3.7 Consistency. Each volume of the offerors proposal shall be consistent with the other proposal volumes and shall demonstrate the understanding and ability to perform according to the Statement of Work in the solicitation. The offeror shall provide supporting documentation in sufficient detail to permit a complete evaluation of the proposal. The Government will conduct a crosswalk between the information provided in offerors proposal volumes to assess whether the offeror submitted consistent proposal information.

M.3.8 Export Controlled Information. This solicitation contains Export Controlled Information in the Attachments. It is the responsibility of the offeror, not the Government, to obtain the necessary export licenses to share any such information with subcontractors or to obtain access to the files themselves. The failure or inability of an offeror to obtain the appropriate license or agreement will not be considered as a mitigating factor in the evaluation process. In essence, if the appropriate information is not conveyed in the proposal, an offeror rating may be impacted.

M.4 EVALUATION CRITERIA

The Government will assess each offeror on the following three Evaluation Factors:

(1) Past Performance

(2) Price

(3) Small Business Participation

Order of Importance: The Past Performance Factor is more important than the Price Factor. The Price Factor is significantly more important than Small Business Participation Factor. The non-Price Factors, when combined, are significantly more important than the Price Factor.

M.4.1 Volume I - Evaluation of the Past Performance Factor:

M.4.1.1 The Government will conduct a Performance Confidence Assessment to establish a Confidence Assessment Rating for each offeror. The Confidence Assessment Rating assigned will be based on the offeror’s Recent and Relevant performance record and the expectation that the offeror will successfully perform the required effort described in L.4.1.2.

M.4.1.2 Contracts submitted in the Past Performance Factor volume of the offeror's proposal will not be considered if the Government determines them to be not Recent, not Relevant, or lacking any credible past performance information. Offerors without a record of Recent and Relevant past performance information upon which to base a meaningful confidence assessment will be rated as "Neutral Confidence," which is neither favorable nor unfavorable.

M.4.1.3 The offeror may also be evaluated on past contract performance information based on internal Government or private source information and reserves the right to use any information received as part of its evaluation. The Government may contact any of the references the offeror provides, and reserves the right to use any information received as part of its evaluation.

M.4.1.4 Past performance which is identified in the offeror’s Past Performance Factor volume but is not supported with the information requested in Section L may be determined not Relevant. In addition, if any other proposal volume indicates the Government will not realize the benefit of the cited past performance during contract performance, then the cited past performance may be determined not Relevant.

M.4.1.5 In evaluating the offeror's performance history, the Government may compare the offeror's deliveries or performance to the Contract's original delivery or performance schedule, unless the delay was Government-caused. Schedule extensions that were the fault of the offeror, even if consideration was provided, may be counted against the offeror.

M.4.2 Volume II – Evaluation of the Price Factor M.4.2.1 The Price Factor evaluation will result in a determination of the Total Evaluated Price to the Government. The Government will also evaluate the offeror’s price proposal for price reasonableness and unbalanced pricing.

M.4.2.1.1 Total Evaluated Price:

The Total Evaluated Price equals the sum of the following:

(a) The proposed prices for all CLINs, as calculated in Attachment 0006 - Pricing Workbook; and

(b) If applicable, any other price adjustments, for evaluation purposes only, that are required in accordance with the (i) FAR; (ii) DFARS; or (iii) RFP (to include RFP Attachments).

M.4.2.1.2 Price Reasonableness:

The Government will evaluate whether or not the offeror’s proposed price is reasonable. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The Government may make a determination of reasonableness by any means allowable under FAR 15.404-1.

M.4.2.1.3 Unbalanced Pricing:

The Government will evaluate the Offeror’s proposal for unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over- or understated as indicated by the application of cost and price analysis techniques. Offerors are cautioned that a proposal the Government assesses to be unbalanced as to price, may either be rejected or determined unacceptable for award. See FAR 15.404-1(g) for more information on unbalanced pricing.

M.4.3 Volume III - Evaluation of the Small Business Participation (SBP) Factor M.4.3.1 The Government will evaluate the extent of the offeror’s approach to meeting the SBP Factor goals identified in this solicitation. The evaluation will be based on the extent of SBP proposed and credibility of the data provided in the proposal measured against the SBP Factor goals for this solicitation. During its evaluation, the Government will check for consistency within the proposal, and any inconsistencies found may impact the assessed credibility of the offeror’s proposed goal(s) and/or the offeror’s rating in this Factor. As part of this assessment and based on the information submitted IAW L.4.3, the Government will consider the offeror’s performance in complying with past Small Business Subcontracting Plans if they were required on prior contracts.