(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation will not be issued. (ii) Solicitation Number is FA8773-12-R-0037. The solicitation is issued as a Request for Proposal. (iii) The solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-55. (iv) This acquisition will utilize full and open competition; there are no set asides for small businesses. For this acquisition, a concern will be considered small under NAICS 517110 with size standard of less than 1500 employees. (v) The contract line item numbers and items, quantities and units of measure pertaining to this requirement are identified on the Schedule B. The scope of the work to be acquired is set forth in the Statement of Work (SOW). The SOW and Schedule B are available for download via www.FBO.gov. (vi) 38 CONS/LGCB has a requirement, on an as-needed basis, for acquiring local telephone exchange services for AF sites throughout the United States (CONUS). Local telecommunication services shall include, as a minimum but not limited to: commercial business lines, internet services, local and Intra-LATA access, and interconnection with Inter-LATA exchange carrier. The scope of the work to be acquired is set forth in the Statement of Work (SOW). The SOW and Schedule B are available for download via www.FBO.gov. (vii) This CSA will have a five (5) year period of performance from date of award. (viii) Provision 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition along with the following addenda to the provision: 52.212-1 Addendum: (b) Submission of Offers. 1. General Instructions: i. Interested parties capable of providing the specified services must submit a written offer via email. Email notification of offer submission shall be sent to Contracting Officer, at
[email protected] and Contract Specialist,
[email protected] . ii. Do not send as an executable or .exe file. Email size shall not exceed five megabytes. Any corrupted file or media containing a virus could result in the offer not being considered for award. iii. Software Compatibility. Use a word processing and spreadsheet program compatible with Microsoft ® Word 2007 ® and Microsoft ® Excel 2007 ®. PDF is Adobe ® Portable Document Format. iv. Solicitation Questions. Any questions relating to the solicitation shall be submitted to the Contract Specialist or Contracting Officer noted in paragraph i above (not to the Communications Squadron representative or other government representative) by (30 May 12). Any questions received after this date may or may not be answered, due to time constraints of the solicitation. If the Offeror feels an inspection is necessary at the site where services are to be performed to identify any general and local conditions that affect the cost of contract performance, notify the Contract Specialist/ Contracting Officer by (30 May 12). If a site visit is requested and conducted, all Offerors will be notified by amendment to the solicitation. Information provided at the site visit shall not alter the terms and conditions of the solicitation and specifications. v. Submit offer as follows: DOCUMENT CONTENTS FILE FORMAT Volume One Technical Proposal PDF or .doc Volume Two Past Performance PDF or .doc Volume Three Pricing and Contracting PDF or .doc and .xls 2. Specific Instructions for Volumes One, Two, and Three: i. Volume One -- Technical Proposal (Do not exceed ten pages). Address the Technical Proposal subfactors as follows: Subfactor 1 - Provider Capability 1a. Provide evidence of being a telecommunications company having the capability to provide Basic Rate Interfaces (BRI), Commercial Subscriber Lines (CSL), and number portability. Provide documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort. ii. Volume Two -- Past Performance Information (PPI) (Do not exceed ten (10) pages). Submit information from recent contracts performed within the last three (3) years, which are considered relevant in demonstrating ability to perform local exchange services involving similar scope, magnitude of effort, and complexities as the services described in this solicitation. Include the following administrative data for each referenced contract submitted Offeror's company name; contracting agency; contract number; brief description of contract; contract type (i.e., fixed price, time and material, etc.); period of performance, identification of any significant achievements or past problems and resolution; and name, address, telephone number, and email address of program manager and Contracting Officer. iii. Volume Three (Do not exceed ten (10) pages). A. Contracting Information. (1) Provide the Offeror's name, address, cage code, data universal numbering system (DUNS) number, and tax identification number as registered in the Central Contracting Registration (CCR). (2) Include signature of individual authorized to make an offer; print individual's name, title, e-mail address and phone number. (3) Organizational Representatives. Provide a listing, in hierarchal succession of the Offeror's points of contact delegated specifically for this requirement. Listing shall include names and titles, phone numbers, fax numbers and email addresses for each representative. List shall reflect both contracting and technical representatives for help desk issues and troubleshooting. (4) Evidence of Certification. Certification shall be in accordance with Clause 52.212-4 addendum 1 (v)(3). Documentation must be submitted indicating that the Offeror is a local exchange carrier certified by the affiliated state's Public Utilities Commission (PUC) to provide services for this requirement (SPCOA - Service Provider Certificate of Operating Authority, or COA - Certificate of Operating Authority). (5) If the remittance address is different from the mailing address, include all applicable remittance addresses. (6) Written acknowledgement of all applicable solicitation amendments. B. Pricing Information. (1) Submit completed copy of the Government-provided Schedule B containing the Offeror's proposed amounts. Enter pricing only on the Government Schedule B. No Offeror shall alter the Schedule B in any way with the exception of entering pricing. If the Schedule B is found to be altered in any way other than entering pricing, the action will be considered an unacceptable offer and may result in the offer being considered non responsive. Schedule B unit prices shall be limited to two decimal places. In addition, to identify a CLIN/SLIN (Contract Line Item/Sub Line Item) as Not Separately Priced, enter "NSP" in the unit price and/or to identify a CLIN/SLIN as No Charge, enter "NC" in the unit price. Include all applicable discounts in your pricing. (2) The US Air Force is a Federal Government entity, and as such, is exempt from certain taxes. Therefore, the offeror/awardee may not propose for any taxes from which the Federal Government is exempt. In reference to CLIN 0004 - "Taxes, Fees and Surcharges" (TFS), offeror(s) must submit the supporting state statutes, local ordinances, regulations, FCC rulings and rates, or other documentation justifying all applicable and allowable taxes, fees, and surcharges. Enter only the amount that is documented as applicable and allowable. Inclusion of any amount that is not documented may render the proposal non-responsive. Provide a separate delineation or breakdown of all applicable Taxes, Fees, and Surcharges. (c) Period of Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 120 days from the date specified for receipt of offers. (e) Multiple offers. If more than one solution to the services is available, Offeror may submit multiple offers for consideration, subject to same page limitations. Multiple offers may not be considered if they alter the Government's requirement. Should the Offeror claim exceptions to any requirement in the solicitation, these exceptions shall be listed and rationale provided. Failure to include exceptions will be deemed as acceptance of all terms and conditions of the solicitation and resulting contract. (h) Multiple awards. This award shall be made on an all or none basis. (End of Addendum to Provision 52.212-1) (ix) Provision 52.212-2, Evaluation - Commercial Items, applies to this acquisition along with the following addenda to the provision. 52.212-2 Addendum: Evaluation Criteria. This is a competitive best value source selection in which competing Offerors' past performance history will be evaluated on a basis approximately equal to cost or price considerations. An award shall be made to this Offeror, subject to a positive determination of responsibility. By submission of an offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. All Offerors shall be evaluated for technical acceptability. Failure to meet a requirement may result in an offer being determined technically unacceptable. Moreover, the government reserves the right to award an order for services from an incumbent LEC or other LEC with a universal service obligation for the services required in this solicitation if it is in the best interest of the Government, price and other factors considered, as discussed herein, even if the company has not submitted an offer. Award will be made to the responsible Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the evaluation factors described below. The evaluation process shall proceed as follows: (a) FACTOR 1 -- TECHNICAL. Initially, the Government technical evaluation team will evaluate the technical proposals on a pass/fail basis. A decision on the technical acceptability of each Offeror's technical proposal shall be made by the Contracting Officer. Only those offers determined to be technically acceptable, either initially or as a result of discussions, will be considered for an award. The offers shall be evaluated against the following technical subfactors: Subfactor 1 - Provider Capability 1a. This factor is met when the Offeror provides evidence they are a telecommunications company having the capability to provide Basic Rate Interfaces (BRI), Commercial Subscriber Lines (CSL), and number portability. Provide documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort. (b) FACTOR 2 -- PRICE. All CLINs/SLINs within the Schedule B will be evaluated for award multiplying the estimated quantity times the unit price in the Schedule B and subtracting any applicable considered discount(s) to derive the total evaluated price. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. The Government reserves the right to compare offered prices with tariff prices of an incumbent local exchange carrier (LEC) or with any other LEC with a universal service obligation for the services required in this solicitation. (c) FACTOR 3 -- PAST PERFORMANCE. In evaluating PPI, the government will employ several approaches including: reviewing contract references provided by the offeror; seeking PPI through the use of questionnaires; as well as using data independently obtained from other Government and commercial sources. Only recent (within the last three years) and relevant PPI (similar or greater in scope, magnitude of effort, and complexity than effort described in this solicitation) will be evaluated. When reviewing PPI, judgment will be used in assessing the probability of success, problems on previous efforts, and the alternatives available to meet the requirements. The assessment process will result in an overall performance confidence assessment rating of the Offeror's ability to satisfactorily perform the services described in this solicitation. The performance confidence assessment will result in an overall performance confidence rating identified with corresponding definition as follows: (A) Substantial Confidence - Based on the Offeror's performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. (B)Satisfactory Confidence -Based on the Offeror's performance record, the Government has an expectation that the Offeror will successfully perform the required effort. (C) Limited Confidence -Based on the Offeror's performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. (D) No Confidence -Based on the Offeror's performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort. (E) Unknown Confidence -No performance record is identifiable, or the Offeror's performance record is so limited that no confidence assessment rating can be reasonably assigned. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance (reference FAR 15.3 (a)(2)(iv)). The Government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is judged to have a performance confidence assessment of "Satisfactory Confidence" or lower. If the lowest priced, technically acceptable offer is deemed to have a "Substantial Confidence" performance assessment, the Contracting Officer may determine it to represent the best value to the Government. If so, award shall be made to that offeror without discussions or further consideration of any other offer. (End of Addendum to Provision 52.212-2) (x) Complete all representations and certifications electronically at the following website: http://orca.bpn.gov/publicsearch.aspx. If not completed on-line, Offerors must include a completed copy of the provisions at FAR 52.212-3, which can be obtained at http://farsite.hill.af.mil, FAR Part 52 or online at http://orca.bpn.gov. In addition, complete the following Addendum I to 52.212-3: 52.212-3 Addendum, Certification to Accept the Government Purchase Card (GPC). If the Government's intent for payment is via the Government Purchase Card IAW clauses 52.232-36 and 52.212-4, Addendum, paragraph (i) (3), the Offeror must certify that it: ( ) (i) will accept the Government Purchase Card for payments under this contract. ( ) (ii) will not accept the Government Purchase Card for payments under this contract. (xi) Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition to include the following addendum: 52.212-4 Addenda: (e) "Definitions" is tailored as follows: (1) "Common Carrier" means any entity engaged in the business of providing telecommunications services, which are regulated by the Federal Communications Commission or other governmental body. (2) "Noncommon Carrier" means any entity other than a common carrier offering telecommunications facilities, services, or equipment for lease. (3) "Governmental regulatory body" means the Federal Communications Commission, any statewide regulatory body, or anybody with less than statewide jurisdiction when operating under the state authority. Regulatory bodies whose decisions are not subject to judicial appeal and regulatory bodies, which regulate a company owned by the same entity, which creates the regulatory body are not "governmental regulatory bodies." (4) "Special Service" normally involves a common carrier providing a special service or facility related to the performance of the basic telecommunications service requirements. This may include (i) moving or relocating equipment, (ii) providing temporary facilities, (iii) expediting provision of facilities, or (iv) providing specially constructed channel facilities to meet Government requirements. (5) "Telecommunications services" means the services acquired, whether by lease or contract, to meet the Governments telecommunications needs. The term includes the telecommunications facilities and equipment necessary to provide such services. (i)(3) "Payment" is tailored as follows: IAW FAR Clause 52.232-36(f), Contractor shall submit invoices for certification to the address identified in G-2 of this CSA. After certification, the office identified in G-2 shall provide the Contractor with Government Purchase Card (GPC) information for billing. Payment will be made to the Contractor through a charge to the GPC, at the time and for the amount due in accordance with the certified invoice. (u) "Reporting of Funds" is added as follows: This contractual vehicle is used to authorize local communications services and does not obligate funds. The funded amount(s) indicate the yearly authorization totals for reporting purposes only. (v) (v) Tariff Information. (1) The Contractor shall provide to the Contracting Officer- (i) Upon request, a copy of the Contractor's current existing tariffs (including changes); (ii) Before filing any application to a Federal, State, or any other regulatory agency for new or changes to applicable rates, charges, services, or regulations relating to any CSA or any of the facilities or services to be furnished solely or primarily to the Government; and (iii) Upon request, a copy of all information, material, and data developed or prepared in support of or in connection with an application under paragraph ii above. (2) The Contractor shall notify the Contracting Officer of any application that anyone other than the Contractor files with a governmental regulatory body, which affects or will affect the rate or conditions of services under this contract. These requirements also apply to applications pending on the effective date of this contract. (3) Public Utilities Commission (PUC) Authorization. All Offerors shall be local exchange carriers certificated (Service Provider Certificate of Operating Authority (SPCOA) , or Certificate of Operating Authority (COA)) with the state PUC where services are being provided. This contract shall at all times be subject to such changes by the PUC of the state having jurisdiction over the particular site as said Commission may, from time to time, direct in the exercise of its jurisdiction. (4) Rates, Charges, and Services. (i) The Contractor shall furnish the services and facilities under this contract in accordance with- (A) All applicable tariffs, rules, regulations, or requirements; (1) Lawfully established by a governmental regulatory body; and (2) Applicable to service and facilities furnished or offered by the Contractor to the general public or the Contractor's subscribers; (B) A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience including tariff changes with the exception of TFS. If the prices differ from established tariff prices, it is the responsibility of the contractor to either file a special tariff for the contract with the relevant Governmental authorities or make other arrangements to comply with the governmental requirements. The Air Force will not be liable for price increases for failure to follow these requirements. If, during the term of the contract, the TFS change, the contractor must submit supporting state statutes, local ordinances, regulations, FCC ruling and rates, etc, for Government verification. A modification will then be issued based upon the newly documented annual TFS. (ii) The Government shall not prepay for services. (iii) Recurring charges for services and facilities shall, in each case, start with the satisfactory beginning of service or provision of facilities or equipment and are payable monthly in arrears. (iv) Subject to the Cancellation or Termination of Orders clause 252.239-7007, of this contract, the Government may stop the use of any service or facilities furnished under this contract at any time. The Government shall pay the contractor all charges for services and facilities adjusted to the effective date of discontinuance. (v) Expediting charges are costs necessary to get services earlier than normal. Examples are overtime pay or special shipment. When authorized, expediting charges shall be the additional costs incurred by the Contractor and the subcontractor. The Government shall pay expediting charges only when- (A) They are provided for in the tariff established by a governmental regulatory body; or (B) They are authorized in a communication service authorization or other contractual document. (vi) When services normally provided are technically unacceptable and the development, fabrication, or manufacture of special equipment is required, the Government may- (A) Provide the equipment; or (B) Direct the Contractor to acquire the equipment or facilities. If the Contractor acquires the equipment or facilities, the acquisition shall be competitive, if practicable. (vii) If at any time the Government defers or changes its orders for any of the services but does not cancel or terminate them, the amount paid or payable to the Contractor for the services deferred or modified shall be equitably adjusted at the time of deferral or change. The Government and the Contractor shall equitably adjust the rates by mutual agreement. Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. (w) "Continuity of Services and Option to Extend Telecommunication Services" is added as follows: (1) This Communications Service Authorization (CSA) authorizes continuation of services previously authorized on CSA FA8773-07-C-0010. (2) For all services required on this contract, the contractor shall continue to provide services until a release date is established by the government as a result of competition (cutover complete) or termination (including termination for cause or government convenience). (3) The Government may require continued performance of any services within the limits and at the rates specified in the contract until cutover is complete. These rates will remain firm fixed price during this process. This provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise this provision by unilateral modification to the contract before 10 days of expiration. (4) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, before contract expiration, a successor, either the Government or another Contractor, may continue them. The Contractor agrees to - (i) Provide transitioning of services during cutover period without termination liability charges; (ii) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor; and (iii) Notify the Government of any services not cutover after contract expiration. (x) "Work Orders" is added as follows: Requirements for service provided hereunder will be forwarded to the Contractor through issuance of a local order (DD Form 1367 or a similar form). A local order will also be issued for termination or changes to services. Services provided without a local order are not contractually covered. Services may be ordered only as shown on the CSA Schedule B. Orders must be signed by the Communications Systems Officer or designee. (End of Addendum to Clause 52.212-4) (xii) Clauses 52.212-5 (DEV) Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, and 252.212-7001 DEV, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, apply to this acquisition. In addition, the following additional FAR/DFARS/AFFARS clauses, either by reference or full text, apply (clauses may be obtained via the internet at http://farsite.hill.af.mil). 52.222-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Mar 2007 52.222-36 Affirmative Action for Workers with Disabilities Oct 2010 52.222-50 Combating Trafficking in Persons Feb 2009 52.223-18 Contractor Policy to Ban Text Messaging While Driving Sep 2010 52.232-18 Availability of Funds Apr 1984 52.232-36 Payment by Third Party Feb 2010 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Jan 2009 252.239-7002 Access Dec 1991 252.239-7004 Orders for Facilities and Services Nov 2005 252.239-7007 Cancellation or Termination of Orders Nov 2005 252.239-7008 Reuse Arrangements Dec 1991 252.247-7023. Alt III Transportation of Supplies by Sea May 2002 52.252-1, Solicitation Provisions Incorporated by Reference, Feb 1998. For purposes of this provision, the fill-in is completed as follows: http://farsite.hill.af.mil 52.252-2, Clauses Incorporated by Reference, Feb 1998. For purposes of this clause, the fill-in is completed as follows: http://farsite.hill.af.mil AFFARS 5352.201-9101, Ombudsman (Apr 2010): For purposes of this clause, the fill-ins are completed as follows: (c) If resolution cannot be made by the contracting officer, concerned parties may contact the MAJCOM ombudsmen: AFSPC/A7K, 150 Vandenberg Street, Peterson AFB CO 80914, (P) 719-554-5250, (Fax) 719-554-5299.