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. 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. Simplified procurement procedures will be used for this acquisition per FAR Part 12. This acquisition is determined to be subject to FAR Part 15 regarding contracting by negotiation. In accordance with Air Force (AF) Instruction 33-111, the 38th EIG is the only authorized contracting office to order local exchange telephone services for the AF including Air National Guard, AF Reserve and AF recruiting offices. 38 EIG/PKK has a requirement, on an as-needed basis, for acquiring local telephone exchange services for all AF sites throughout the United States (CONUS). Each CSA will generally have a five to seven year period of performance. Local telecommunications services shall include, as a minimum but not limited to, local access for ISDN PRI's, local exchange trunks, transport channels, point-to-point circuits, commercial business lines, internet services, voice mail, directory number and number portability, operator and directory assistance, 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. INSTRUCTIONS TO OFFERORS: Each Offeror is required to submit their proposal as specified in RFP Clause 52.212-1, Instructions to Offerors-Commercial Items, along with the following addendum. Failure to provide any required information may result in an offer being determined non-responsive. 52.212-1 Addendum 1: (b) Submission of Offers. 1. General Instructions: i. Interested parties capable of providing the specified services must submit a written offer via email to
[email protected]. Email notification of offer submission shall be sent to Contracting Officer - Debbie Speir at
[email protected] and Contract Specialist - Todd Barron at
[email protected]. ii. Do not send as an executable or .exe file. Email size shall not exceed five megabytes. Documents may be compressed (zipped) using WinZip 8.1 or later version. 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 2003 ® and Microsoft ® Excel 2003 ®. PDF is Adobe ® Portable Document Format. iv. Solicitation Questions and Site Visit. 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 23 APRIL 2009. Any questions received after this date may or may not be answered, due to time constraints of the solicitation. A preproposal conference is not scheduled for this site. 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 21 APRIL 2009. 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. vi. Submit offer as follows: DOCUMENT CONTENTS FILE FORMAT Representations See FAR 52.212-3& DFARS 252.212-7000 PDF or .doc 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 Representations and Volumes One, Two, and Three: i. Offeror Representations and Certifications: Offerors are reminded that Representations and Certifications are to be maintained at the following website: http://orca.bpn.gov/publicsearch.aspx. In the event Representations and Certifications are not on file, Offerors must include a completed copy of the provisions at FAR 52.212-3 and DFARS 252.212-7000 which can be obtained at http://farsite.hill.af.mil, FAR Part 52 or online at http://orca.bpn.gov. ii. Volume One -- Technical Proposal. Identify submitted material by corresponding factor. Factor 1- Organizational Representatives. Provide a listing, in hierarchal succession, of the Offeror's points of contact delegated specifically for this requirement. Listing shall include 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. Factor 2 - Interconnection Agreements. Provide evidence of interconnection agreements and/or leasing arrangements relevant to this effort in each state. Also, identify whether Offeror is facilities-based, non-facilities based, or both. Factor 3 - 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. Factor 4 -- Local Communications Services. Provide a diagram with a descriptive legend, showing Offeror's interconnection of exchange networks and long distance carrier interface (local incoming/outgoing services, trunking, directory assistance, operator assistance, 911 connectivity, and intra-LATA) in relation to this site and as required by the SOW and Appendices. iii. Volume Two -- Past Performance Information. Submit information from contracts performed within the last three years, which are considered relevant in demonstrating ability to perform local exchange services for AF sites. 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. iv. Volume Three. 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) If the remittance address is different from the mailing address, include all applicable remittance addresses. (4)Provide signed copy of all applicable solicitation amendments. B. Pricing Information. (1) Provide a copy of the completed Schedule B(s) containing the Offeror's proposed amounts. Offeror shall not alter the nomenclature for services. 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. (2) Provide a separate delineation or breakdown of all applicable Taxes, Fees and Surcharges. The Offeror shall charge the Government only those taxes, fees, and surcharges that are lawfully imposed, or permitted, and that the Offeror is allowed to receive recompense from, or by, the Government. (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. PROPOSAL EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation of Offers-Commercial, and the following addendum. 52.212-2 Addendum 1: Evaluation Criteria. This is a competitive best value source selection utilizing Past Performance Tradeoff (PPT) technique in which competing Offerors' past and present performance history will be evaluated on a basis approximately equal to cost or price considerations. 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. The evaluation process shall proceed as follows: (a) Technical Evaluation. Initially, the Government technical evaluation team will evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable, Reasonably Susceptible of Being Made Acceptable, or Unacceptable. A decision on the technical acceptability of each Offeror's technical proposal shall be made. 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 factors: Factor 1 - Organizational Representatives. This factor is met when the Offeror provides a listing, in hierarchical succession, of the Offeror's points of contact delegated specifically for this requirement. Listing includes the titles, phone numbers, fax numbers and email addresses for each representative. List shall include both contracting and technical representatives. Factor 2 - Interconnection Agreements. This factor is met when the Offeror provides documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort and states whether Offeror is a facilities based firm, non-facilities based firm, or both. Factor 3 - Evidence of Certification. This factor is met when the Offeror provides documentation and/or a direct internet link showing that Offeror is a Local Exchange Carrier certificated by the affiliated state's Public Utilities Commission (PUC) to provide the services for this requirement. Factor 4 - Local Communications Services. This factor is met when the Offeror presents a sound approach for providing local communication services detailed by a diagram and descriptive legend that clearly illustrates the Offeror's ability to meet all SOW requirements. (b) Price Evaluation. The Government will rank all technically acceptable offers by 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) Past Performance Evaluation. In determining past performance risk, the evaluators will employ several approaches including: reviewing the present and past performance; seeking present and past performance information through the use of questionnaires; as well as using data independently obtained from other Government and commercial sources. In determining risk, judgment will be used in assessing the probability of success, problems on previous efforts, the impact of failure, and the alternatives available to meet the requirements. The purpose will be to identify and review relevant present and past performance, and then make an overall risk assessment of the Offeror's ability to satisfactorily perform this specific effort. This risk assessment represents the Government's judgment of the probability an Offeror can successfully accomplish the proposed effort based on present and past performance. (i) Relevant performance includes performance of efforts that are similar or greater in scope, magnitude, and complexity than the effort described in this solicitation. (ii) In evaluating the offer, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation. (iii) 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. (iv) An integrated assessment of price and past performance will performed to determine which offer represents the greatest value in accordance with the evaluation criteria contained in this acquisition. An award shall be made to this Offeror, subject to a positive determination of responsibility. (v) The PPT process will result in an overall risk 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)). Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition to include the following addendum. 52.212-4 ADDENDUM to 52.212-4 - Contract Terms and Conditions - Commercial Items Mar 2009 (e) Definitions. (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 any body 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. (u) Reporting of Funds. 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) 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 (a)(2) of this clause. (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 facility-based local exchange carriers certificated (SPCOA - Service Provider Certificate of Operating Authority, or COA - Certificate of Operating Authority) 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) All pricing for this acquisition is firm-fixed pricing in accordance with FAR 12.207 and 16.201-1. 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 in performing the contract. If the prices differ from established tariff prices then it is the responsibility of the vendor to either file a special tariff for the contract with the relevant governmental authorities or to 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. (C) All taxes, fees, and surcharges are subject to applicable tariff rates and charges. If such rates are applicable to this contract, the contractor must notify 38 EIG/PKK for authorization on the CSA before invoicing the customer. (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 agreement/contract, the Government may stop the use of any service or facilities furnished under this agreement/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. (1) This Communications Service Authorization (CSA) authorizes continuation of services previously authorized on CSA: DCA200-81-H-0014-TF10. (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. 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. (y) Posting Award Documents. Per FAR 5.303 and FAR 15.503(b), local announcements of contract awards, including Schedule Bs, are posted on Federal Business Opportunities (FBO) at https://www.fbo.gov/. Do not include any proprietary markings within Proposal Schedule B's. Such markings shall eliminate vendors from being considered for award. (End of Addendum to Clause 52.212-4) Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition: 52.222-3, 52.222-21; 52.222-26; 52.222-36; and 52.232-36. Clause 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, applies to this acquisition. The following additional DFARS clauses cited in the clause are applicable to the acquisition: 252.247-7023 Alt III and 252.203-7000 (all contracts). Other clauses/provisions applicable for this acquisition: Clauses/Provisions Incorporated by Reference: 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data -Modifications Oct 1997 52.232-18 Availability of Funds Apr 19984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 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 252.239-7011 Special Construction and Equipment Charges Dec 1991 252.239-7012 Title to Telecomm Facilities and Equipment Dec 1991 252.243-7001 Pricing of Contract Modifications Dec 1991 52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of Provision) 52.252-2 Clauses Incorporated by Reference Feb 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of Clause) 5352.201-9101 Ombudsman Aug 2005 (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from Offerors, potential Offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen: ESC/CS Bldg 1606 9 Eglin Street Hanscom AFB, MA 01731 Telephone #: 781-377-5106 Facsimile #: 781-377-4659 E-Mail:
[email protected] Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Apr 2003 (a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may not: (1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or (2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS. [Note: This prohibition does not apply to manufacturing.] (b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs: (1) Halons: 1011, 1202, 1211, 1301, and 2402; (2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and (3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s): Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance [List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.] (d) The Offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process. (End of clause)