DRAFT Section L.pdf

Section L

L.1 General Proposal Information

The information contained in these sections serves as an addendum to FAR 52.215-1.

L.1.1 The proposal, subject to FAR 52.215-1, Instructions to Offerors-Competitive Acquisition, 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 is to 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, shall be evaluated as set forth in Section M of this solicitation. The Government will not assume offeror’s possess any capability, understanding, or commitment not specified in its 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 evaluation. The Government does not assume the duty to search for data to cure problems it finds 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.

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.

L.1.2.2 The offeror shall clearly state in its proposal Volume 4 – Proposal Terms & Conditions the acceptance period. Offerors may specify a longer acceptance period than the Government’s minimum acceptance period stated above.

L.1.2.3 An offer allowing less than the Government’s minimum 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 address all requirements outlined in Section L. The offeror's proposal shall be submitted in four separate volumes set forth as follows:

Volume Number Title Quantity Volume 1 Technical 1 Volume 2 Price 1 Volume 3 Small Business Participation 1 Volume 4 Proposal Terms and Conditions 1

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 a separate volume from the four volumes set forth above and it should be no more than two pages in length. This page limit is based upon 8.5” X 11” paper with a minimum font size of 10 pt. and with a minimum .5” margins.

L.2.1.3 Offerors are not authorized to include in the proposal citations for, or linkages to websites.

L.2.2 Proposal Format and Instructions

L.2.2.1 Each volume listed above shall be submitted on a separate set of CD-ROMs or DVDs. The offeror shall submit three identical sets of CD-ROMs or DVDs for each volume. One set of media shall be labeled as the primary copy and signed by a representative of the company authorized to submit proposals. In the case of discrepancies between the sets of media, the primary copy will take precedence. No hard copies or email proposals will be accepted.

L.2.2.1.1 Each CD-ROM or DVD shall be labeled so it is easily identifiable for evaluation purposes (example: Volume 1 - Technical Factor, Set 1 of 3, CD 1 of X), and shall also include the offeror's name and the solicitation number. Each volume shall include a (i) title page, (ii) table of contents, and (iii) list of tables and figures. Each page of the proposal shall be numbered, and each paragraph of the proposal shall have a reference number. The offeror shall provide a list of all attachments and substantiating data in the table of contents. The table of contents shall be organized as set forth below. The table of contents shall include the following information for each Factor, attachment, and for all substantiating data listed:

a. Cross-reference to related section L paragraph number

b. Page number

c. CD-ROM or DVD Volume and number

d. File name

L.2.2.1.2 Acceptable File Formats. All electronic information provided in response to the solicitation must be provided in Microsoft (MS) Office 2013 or PDF compatible format except as noted in instructions for individual volumes.

L.2.2.1.3 Unless otherwise specified, it is recommended that the proposal be formatted for 8.5 x 11 inch paper with a minimum font size of 10 pt. and with a minimum of 0.5 inch margins. Schedules, drawings and other documents more appropriate to a larger size shall be formatted for no larger than 11 x 17 inch dimensions. All spreadsheets must include all formulas, functions, macros, computations, or equations used to compute the proposed amounts. For each workbook, all Rows, Columns, Cells, and Worksheets must be visible. Zero height and zero width rows and columns in Worksheets are not acceptable. Worksheet cells formatted with the font color equal to the fill color are unacceptable. If Workbooks or Worksheets are password protected, then the passwords must be provided. 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.

L.2.2.1.4 Offerors shall make every effort to ensure that their offer is virus-free. Offers (or portions thereof) submitted which reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as unreadable as described FAR 15.207(c).

L.2.2.2 Submission Due Date

The offeror shall ensure its proposal, in its entirety, reaches its intended 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.2.2.2.1 Lateness

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

L.2.2.3 Proposal Submission Address

The offeror shall submit its proposal to the address below. All proposals delivered in response to this solicitation, whether hand-carried or submitted via U.S. mail, shall be addressed as follows:

US Army Contracting Command - Warren Bid Room, Bldg 231, Mail Stop 303 Attn: Ship-To-Shore Container Crane Proposal 6501 East 11 Mile Road Detroit Arsenal, MI 48397-5000 Solicitation Number: W56HZV-20-R-0025 Proposal Due Date & Time: (Refer to Standard Form 33 (pg. 1), Block 9)

TO BE DELIVERED UNOPENED

(Offeror's name)

L.2.2.4 Method of Proposal Submission

Proposals may either be hand-carried or submitted via US mail. Hand-carried submissions* include proposals delivered by commercial carriers such as FedEx, UPS, or services other than the US Postal Service. Proposals must be delivered to the Detroit Arsenal (DTA) Mail Handling Facility (Building 255) between the hours of 8:00AM and 1:00PM local Warren, MI time. The package(s) will be dated and time stamped at the Mail Handling Facility and the Government will be responsible for forwarding the package(s) to the appropriate personnel. Offerors should ensure that any commercial carrier it uses has a tracking system that can provide documentation that will prove the date and time of delivery to the Government. If the proposal is hand-carried by other than a commercial carrier, the delivery person (even if an employee of the offeror) must be a US citizen, and must obtain a signed receipt, indicating date and time of delivery, from the Mail Handling Facility personnel. The delivery person must provide the receipt since the Mail Handling Facility personnel do not have them.

*Directions to DTA: From Van Dyke Avenue, travel west on East Eleven Mile road to railroad track. Immediately after crossing railroad track turn right into DTA main gate and follow security officer directions to the Mail Handling Facility (Building 255). It may be necessary for the delivery person to obtain a visitors badge at the Visitor Control Center (VCC) prior to being allowed to enter the installation. If so, the security officer will advise the delivery person of the procedures to follow.

L.2.2.4.1 Exterior envelopes must identify the solicitation number and date specified for receipt of proposals.

L.2.2.4.2 Offerors are cautioned that approval to enter the installation must be obtained prior to the closing date and time for receipt of proposals. Due to security procedures, delays are probable at the entry point and Offerors must plan to accommodate them. It is the offerors responsibility to plan sufficient time to clear Detroit Arsenal security and ensure proposals reach the intended destination.

L.2.3 Single Proposal Submission. Offerors are limited to submitting one proposal with one approach to meeting the requirements of this solicitation. Proposals that contain alternative terms and conditions may be considered as taking exception to the requirements of the solicitation. See Section M.2. 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 RFP. Potential offerors should review their current and planned participation in any other Government contracts, sub-contracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage.

L.2.4.2 Offerors shall disclose any potential OCI situations to the PCO 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(es) 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 PCO will promptly respond to resolve any potential conflicts. (Reference Section L.4.4.6)

L.2.5 Restriction On Disclosure and Use of Data.

Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

L.2.5.1 Mark the title page with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Governments right to use information contained in this data if it is obtained from another source without restriction.

The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”; and

L.2.5.2 Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

L.3 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.

L.4 Evaluation Factors

Offeror’s proposals shall address the following four evaluation factors:

Evaluation Factor 1 – Technical Evaluation Factor 2 – Price Evaluation Factor 3 – Small Business Participation Evaluation Factor 4 – Proposal Terms and Conditions

L.4.1 Evaluation Factor 1 – Technical

L.4.1.1 Offerors shall submit the following:

L.4.1.1.1 ISO certification for quality system by an ISO accredited third party registrar to meet the requirements of ISO 9001 (Reference SOW Section C.3.)

L.4.1.1.2 Certification by the American Society for NonDestructive Testing (ASNT) as a NDT Level II inspector or certification by the ASNT as an NDT Level I inspector under the supervision of an NDT Level II inspector for Ultrasonic Testing (Reference Attachment 0001 – MOTCO STS Crane Specifications, Section 2.7.1.4)

L.4.1.1.3 A list of each Engineer of Record (EOR) for the mechanical, structural, and electrical disciplines.

L.4.1.1.3.1 Professional engineer license for the Contractor's EOR for each discipline listed in L.4.1.1.3 (Reference SOW Section C.2.1.1)

L.4.2 Evaluation Factor 2 – Price

In accordance with FAR 15.403-5(a)(1), certified cost or pricing data is not required for initial proposal submission. However, after initial proposal submission, if only one offer is received, the Government reserves the right to request certified cost or pricing data in accordance with DFARS 252.215-7008.

For initial proposal submission, offerors shall provide the data other than certified cost or pricing data outlined below to permit a determination that the proposed price is reasonable.

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

L.4.2.2 Proposal Structure: The Price Factor includes data to support the Government’s evaluation for price reasonableness and unbalanced pricing. Offerors may submit any other additional cost or price information considered to be helpful for the Government's evaluation.

L.4.2.3 Attachment 0002 – Pricing Workbook: Offerors shall submit its completed Attachment 0002 - Pricing Workbook with its proposal. Offerors shall complete the attachment in accordance with the instructions included within the attachment. Offerors shall propose Firm-Fixed-Prices for all CLINs included in the Attachment. Offerors shall submit the attachment in Microsoft Excel format. Offerors do not need to enter any proposed prices into Section B of the RFP.

L.4.2.4 Top-Level Spreadsheets for CLIN 0002 – STS Cranes: Offerors shall provide a top-level spreadsheet that details the proposed extended price by cost element (i.e.

Direct Labor Hours by labor category, Direct Labor Cost by labor category, Subcontracts, Direct Material, Other Direct Costs, Indirect Costs (any overheads and G&A), FCCM, and Profit. The total proposed extended price identified in the top level spreadsheet shall equal the proposed extended price identified in Attachment 0002 – Pricing Workbook. The cost breakdown is to be consistent with the Offeror’s cost accounting system. Offerors shall provide the following information in support of the top-level spreadsheet:

L.4.2.4.1 Material and Subcontracts: In support of the costs identified as material and subcontract costs in the offeror’s top-level spreadsheet, offerors shall provide a narrative which explains the method used to develop proposed cost, including information about the extent to which the cost is based on vendor quotes, purchase order history, estimates, or any other information necessary to substantiate the proposal.

(a) High Dollar-Value Material and Subcontracts: Offerors shall provide a Bill of Material (BOM) listing all material and subcontract items with an extended cost greater than $100,000. The BOM shall include the following information:

(1) National Stock Number (NSN), as applicable

(2) Part Number, as applicable

(3) Item Name/Description

(4) Vendor

(5) Unit Cost (purchase price to Offeror)

(6) Quantity used

(7) Extended Cost (unit cost multiplied by quantity used)

(8) Basis for cost (engineering estimate, vendor quote, purchase history, etc.)

(b) All Other Material and Subcontracts: Offerors shall identify the total material and subcontract cost not included in high dollar-value material and subcontracts.

NOTE: The sum of the total High Dollar-Value Material and Subcontracts (from (a) above) and All Other Material and Subcontracts (from (b) above) are to equal the sum of the Direct Material and Subcontract Costs included in the top-level spreadsheet (from L.4.2.4 above).

L.4.2.4.2 Other Direct Costs (ODCs): In support of the costs identified as ODCs in the offeror’s top-level spreadsheet, offerors shall identify each category of proposed ODC (to include travel), and provide the proposed cost for each category. Provide an explanation of what is included in each category and how the cost for each ODC was estimated.

L.4.2.5 The Government reserves the right to request additional or more detailed cost or price information to support its evaluation.

L.4.2.6 Use of Existing Government-Furnished Property (if applicable):

L.4.2.6.1 If the offeror is proposing to utilize Government-Furnished Property (GFP) 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:

(1) Acquisition cost

(2) Age

(3) Type of GFP

(4) The accountable contract under which the property is held;

(5) Evidence that it obtained authorization for its rent-free use from the Contracting

Officer having cognizance of the property; and

(6) Any additional information required in accordance with Attachment 0006 – Use of

Existing Government-Furnished Property.

L.4.2.6.2 The offeror is to obtain any rental equivalent amounts (or any other data required) from the cognizant Contracting Officer necessary to determine the evaluation factors calculated in accordance with Attachment 0006 – Use of Existing Government- Furnished Property.

L.4.2.6.3 The offeror shall identify the total evaluation factor (for all classifications of property) that it calculated in accordance with Attachment 0006 – Use of Existing Government-Furnished Property, and provide all calculations showing how the total evaluation factor was developed. If applicable, the offeror is to also identify the rationale for any allocations to each CLIN.

L.4.3 Evaluation Factor 3 – Small Business Participation (SBP)

L.4.3.1 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.4.3.2 Small Business Participation Factor Workbook (Attachment 0003) and Small Business Participation Factor Workbook Instructions (Attachment 0004):

L.4.3.2.1 All Offerors, including Offerors who are themselves small business concerns for the North American Industry Classification System (NAICS) code assigned to this requirement, are required to complete the Small Business Participation Factor Workbook using the detailed Small Business Participation Factor Workbook Instructions. The Offeror’s submission of the Small Business Participation Factor Workbook is the Offeror’s proposed extent of Small Business Participation in each Small Business category.

L.4.3.2.2 An Offeror shall fill out the Small Business Participation Factor Workbook with goals for this solicitation specifically, even if it is an Other-Than-Small-Business (OTSB) submitting a Comprehensive Subcontracting Plan.

L.4.3.2.3 When filling in the Workbook, the Offeror shall include the following in the dollars for prime contractor participation and subcontractor participation: the proposed amounts for all of the Basic CLINs and all of the Option CLINs.

L.4.3.2.4 During its evaluation of the proposal, the Government will check for consistency. Therefore, the Offeror shall use the automatic “Roll-Up” tab in the Workbook to check for consistency between the Small Business Participation Factor Submittal and other parts of the proposal, including the Subcontracting Plan and the Offeror’s other factor volumes.

L.4.3.3 Registrations, Agreements, and Certifications

L.4.3.3.1 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 0004) and 13 CFR 121, Small Business Size Regulations). Offerors are advised to review 13 CFR 121.103, "How Does SBA Determine Affiliation”; FAR 2.101, “Small Business Teaming Arrangement”; and FAR 19.101, “Affiliates”.

L.4.3.3.2 Failure to register in SAM for the corresponding NAICS code identified in Section K, FAR clause 52.204-8 prior to submitting a proposal for this solicitation may preclude an award being made to your company.

L.4.3.3.3 Joint Venture Registration. If the Offeror is a small business joint venture, the joint venture shall be registered in SAM under its own name in accordance with 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 in accordance with FAR 9.603.

L.4.3.3.4 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.

L.4.3.3.5 Subcontractor Registration or Certification. According to FAR Clauses 52.219- 8 and 52.219-9 in Section I of this solicitation, the Offeror may not require subcontractors to be registered in SAM. For any small business subcontractor listed in the Small Business Participation Factor Workbook that is not registered in SAM, the Offeror shall provide in accordance with 13 CFR 121.411(g), a Certification Form

(Attachment 0005) 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.4.3.4 Subcontracting Reports

L.4.3.4.1 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) Offeror is other than a small business concern as defined by the NAICS code applicable to this solicitation.

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

L.4.3.4.2 Offeror shall provide the documentation by:

(1) Filling out the “Reports” tab of the Small Business Participation Factor Workbook

(Attachment 0003) using the Small Business Participation Factor Workbook Instructions (Attachment 0004) and;

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

L.4.3.5 Other Resources/Additional Data. In addition to the data submitted by the Offeror, and the data found in Government systems specifically referenced throughout Section L, the Government may use other resources to evaluate the Offeror’s Small Business Participation Factor Submittal. The Government reserves the right, during clarification or discussion under FAR 15.306, to request additional data to support its assessment.

L.4.4 Evaluation Factor 4 – Proposal Terms and Conditions

Offeror’s Proposal Terms and Conditions shall include the following:

L.4.4.1 Signature Actions/Offeror Fill-Ins. A scanned image of a signed copy of the SF33 cover page and a copy of all completed fill-ins for Sections A through K, including all signed copies of 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.4.4.1.1 Offerors shall pay specific attention to the following:

(a) DFARS Clause 252.225-7020, “Trade Agreements Certificate”

(b) DFARS Clause 252.225-7021, “Trade Agreements”

L.4.4.2 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.4.4.2.1 Joint Venture: To be recognized as a Joint Venture and eligible for award, the membership arrangements of the Joint Venture must be identified and the company relationships fully disclosed in the offeror's proposal in accordance with FAR 9.603. A copy of the agreement establishing the Joint Venture must contain the signatures of all of the members comprising the Joint Venture.

L.4.4.3 Statement of Acknowledgement. A statement specifying agreement with all terms, conditions, and provisions shall be included in the solicitation or any exceptions.

Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents must be fully explained; however, any such exceptions may be grounds for the Contracting Officer to reject the proposal from further consideration in the source selection process (See Section M.2).

L.4.4.4 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.

L.4.4.5 Small Business Sub-Contracting Plan. Other than U.S. Small Business concerns, as defined by the North American Industry Classification System (NAICS) code applicable to this solicitation, 333923, shall submit an acceptable Small Business Sub-Contracting plan in accordance with FAR Clause 52.219-9 and its ALT II, Defense FAR Supplement (DFARS) Clause 252.219-7003, and Section L Clause 52.219-4004 - Submission of Subcontracting Plan and provide this plan as part of the proposal submission. Note that such a plan is not required of offerors that are small businesses.

L.4.4.5.1 The plan shall be submitted as an Attachment to the offer in response to this solicitation.

L.4.4.5.2 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.4.4.5.3 The Small Business Participation Factor in this Section L includes specific instructions as to what to include in the dollars for 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. The offeror shall also note the differences between the Small Business Participation Factor and the Small Business Subcontracting Plan, as explained in the Small Business Participation Factor in this Section L.

L.4.4.5.4 Failure to submit and negotiate an acceptable subcontracting plan which, in the judgement of the Contracting Officer, provides the maximum practicable opportunity for small business and small disadvantaged business concerns to participate in the awarded contract may render the offeror ineligible for award. In this connection, offerors should be aware of the statutory goal that has been placed on the Department of Defense to award five percent of its total planned subcontracting dollars to small disadvantaged businesses at the prime contract and subcontract levels. In view of this Congressional mandate, the offeror shall provide, within the plan, a specific explanation of any small disadvantaged business goal of less than five percent of the proposal’s total subcontracting dollars.

L.4.4.5.5 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. FARS 252.219-7004 shall be added to any contract that incorporates a DoD Comprehensive Plan.

L.4.4.6 Offerors shall provide an affirmative statement that it does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation. (Reference Section L.2.4.2)

L.4.4.7 The offerors proposal acceptance period in terms of calendar days from the date for receipt of offers specified in the RFP (See Section L.1.2).