W912LA23R0003 ATTACHMENT 2 ADDENDUM INSTRUCTIONS AND EVALUATION CRITERIA.pdf

W912LA23R0003

ATTACHMENT 2

ADDENDUM INSTRUCTIONS AND EVALUATION CRITERIA

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

National Guard Bureau, Agency Protest Program

NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.

Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.

To be timely, the protests must be filed within the periods specified in FAR 33.103.

1) Protests to the Contracting Officer shall be filed under FAR 52.233-2 at:

United States Property and Fiscal Office for California Purchasing and Contracting Division ATTN: Curtis L. Alexander 10620 Mather Blvd Mather, California 95655-4125 Email: curtis.l.alexander.civ@army.mil

2) To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau Office of the Director of Acquisitions

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204 Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

NG Public-facing, general Protest information is found at: https://www.nationalguard.mil/Leadership/Joint- Staff/Special-Staff/Director-of-Acquisitions/

Directorate of Acquisitions information for the contracting enterprise is found at:

https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.aspx

COMPARATIVE EVALUATION (RISK AND PRICE) QUOTE PREPARATION INSTRUCTIONS

General: The following instructions cover specific preparation and submission of the quoter’s quote for this solicitation. Quoters must follow the instructions contained herein. Quoters are cautioned that any noncompliance with the terms and conditions of the RFQ may cause their quote to be determined not eligible for award. Quotes must be received by the United States Property and Fiscal- California Grace Marquez at grace.marquezvelasquez.mil@army.mil and Curtis L. Alexander at curtis.l.alexander.civ@army.mil no later than the date and time specified in the Combined Synopsis/Solicitation Coversheet of this RFQ. To facilitate uniform handling and evaluation, submission of quote packages via electronic mail to Grace Marquez at grace.marquezvelasquez.mil@army.mil and Curtis L. Alexander at curtis.l.alexander.civ@army.mil is required with the Subject Line: W912LA23R0003 RRB California Broadcasting Service.

Your quote will be evaluated in accordance with FAR Part 13.106-2 and FAR subpart 13.5. We will consider how well you complied with these instructions. We may consider any significant failure to comply with these instructions to be indicative of what we could expect from you during contract performance. Please contact our contracting officer if you do not understand any part of these instructions.

Volume Organization

Quote: Quotes shall be submitted to the Government as one e-mail with two separate volumes (i.e., attachments) as set forth below:

VOLUME PAGE

LIMITS

NUMBER OF

COPIES

DESCRIPTION

I N/A 1 Pricing (Completed Attachment 2 Contract Line Items)

II 1 1 Technical Response (Capability Statement- Risk)

In addition to the volume organization set forth above, quote volumes shall comply with the following format:

Each volume shall be marked with the RFQ number and the quoter’s name and address, and the number of the Volume, i.e. I, or II. Quotes shall be in the English language and all monies shall be proposed in United States dollars.

Print shall be no smaller than a font size of 11. Paper size shall be 8 1/2” X 11,”, and margins shall be no smaller than 1 inch, and each page within a volume shall be numbered consecutively.

Do not include extraneous information not requested by the RFQ.

Volume I, Quote

General: Your quote shall consist of the following: (1) Completed Contract Line Items that includes Unit Pricing with your proposed pricing in the appropriate black blocks. (2) Quoters shall ensure that all clauses and provisions that require “fill in” information are appropriately completed, including the quoted prices associated with the contract line items in the Schedule of the RFQ.

The completion and submission of the above items of information will constitute your quote and written assent to perform in accordance with the terms of this RFQ.

Volume II, Technical Response- Risk

1. General: The quoter shall prepare and submit a one-page capability statement highlighting (1) verifiable corporate experience (opportunity to learn by doing), and (2) past performance (quality) regarding its areas of specialty, expertise, teaming, and overall capabilities to perform the tasks in section 5 of the performance work statement (PWS). Quoter shall provide no more than three awards. The data must be accurate, current and complete, to include the UEI number, Cage Code, and two points of contact in order to serve as references for each project.

The government may use the quoter’s capability statement to obtain additional past performance information.

At a minimum the capabilities statement must include: (1) project no. and brief (e.g., 1-5 sentence) description of relevant work performed that demonstrates corporate experience; (2) a corresponding list of points of contact (name, phone number, and email) for each experience listed in item (1); and (3) any Contractor Team Arrangements under FAR subpart 9.6.

(End of provision)

ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

BASIS OF AWARD- EVALUATION

I. Basis for Contract Award – Evaluation of Quotations-Simplified Acquisition Procedures

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation, will be most advantageous to the Government, and provides the Lowest Priced Technically Acceptable (LPTA). The following factors, under FAR 13.106-2 and FAR subpart 13.5, shall be used to evaluate quotes:

(i) Technical Response – Risk; and

(ii) Price

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, if included in this solicitation. Options under FAR clause 52.217-8 will be evaluated by using the prices quoted for the last option period to determine the price for a 6-month extension, which will be added to the base and other option years to arrive at a total evaluated price. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract.

Therefore, the issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. A written notice of award or purchase order mailed or otherwise furnished to the successful quoter is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

II. Quote Evaluation: The evaluation process will be accomplished as follows (Organized by Volume):

A. General: We will award a contract to the responsible quoter who represents the best value to the Government on the basis of comparison of its (1) quote, and (2) technical - risk.

B. Volume I, Quote

1. General: We will determine the merits of your quote on the basis of (a) its acceptability and (b) its quoted price.

(a) Acceptability: We will determine the acceptability of your quote on an acceptable or unacceptable basis. We will consider your quote acceptable if it (i) conforms to the material solicitation requirements; (ii) manifests your unconditional assent to the terms of this Request for Quote (RFQ), and (iii) you are a responsible prospective contractor pursuant to FAR 9.104-1. (NOTE: By submission of a quote, the quoter represents that it unconditionally assents to the terms of this Request for Quote, except for any written express exceptions.)

(i) Conformance. Material solicitation requirements include those terms affecting quality, quantity, price, or delivery.

(ii) Assent. If you (1) take exception to any term of this RFQ, (2) propose any additional terms, or (3) omit material information required by this RFQ then we will consider your quote to be unacceptable and ineligible for contract award.

(b) Price: We will evaluate your price for fairness and reasonableness in accordance with FAR 13.106-3(a).

C. Volume II, Technical Factor - Risk

1. General: Quoters’ experience and past performance will be evaluated to assess risk. Best value will be assessed based on direct comparisons of information--without objective standards--pursuant to FAR 13.106-2(b)(3).

The Government will evaluate quoters and their capability statements and assign one of the confidence risk ratings below. We will evaluate things like what work you did, when and where you did it, whom you did it for, and what methods you presumably used. It is important to understand the difference between a quoter’s experience and its past performance – the government may assign a No Confidence rating based on a quoter’s lack of experience.

Substantial Confidence Based on the quoter’s experience and performance record, the Government has a high confidence that the quoter will successfully perform the required effort and the risk of unsuccessful performance is low.

Satisfactory Confidence Based on the quoter’s experience and performance record, the Government has a reasonable confidence that the quoter will successfully perform the required effort, and the risk of unsuccessful performance is low to moderate.

Limited Confidence Based on the quoter’s experience and performance record, the Government has a low confidence that the quoter will successfully perform the required effort, and the risk of unsuccessful performance is high.

No Confidence

Based on the quoter’s experience and performance record, the Government has no confidence that the quoter will be able to successfully perform the required effort, and the risk of unsuccessful performance is unacceptable. Quote is unacceptable and cannot form the basis for award.

(End of provision)