Sample Sections L & M [Generally, Sections L & M will be developed prior to insertion into C.Buy for inclusion in the RFP. The following provides a generalized idea of the type of information that must be provided in Section L and in Section M, the details of which will be driven by what is being procured and the approved Acquisition Strategy. It is recommended that each of the parts shown below be inserted into C.Buy on a paragraph-by-paragraph basis (with the exception of provisions – select current provision using C.Buy selection) so that they can be individually amended if required. DO NOT cut and paste provisions (or clauses in the case of contracts) into text; always select the required, most up-to-date provision/clause using the C.Buy tool.]
Section L – Instructions, Conditions and Notices to Bidders
[See also NOAA APG 22.214.171.124 Section L – Instructions, Conditions, and Notice to Offerors for information typically provided in Section L, including a Past Performance Provision, when Past Performance is an evaluation factor.] CONSIDER the Section L CAR PROVISIONS AT:
1352.215-72 Instructions for Oral Presentations (March 2000)
Required When Applicable, Deviation Authorized
1352.215-73 Inquiries (March 2000)
1352.233-71 Service of Protests (March 2000)
1352.242-71 Post-Award Conference (March 2000)
Required When Applicable, Deviation Authorized
1352.252-71 Regulatory Notice (March 2000)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 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 the full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed 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 either of these addresses:
PROVISIONS INCORPORATED BY REFERENCE
[Use C.BUY to select the required/appropriate and most current provisions. The following may not be all inclusive, depending on the particular procurement.]
Data Universal Numbering System (DUNS) Number
Submission Of Offers In The English Language
Submission Of Offers In U.S. Currency
Instructions to Offerors--Competitive Acquisition
Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data
Evaluation Of Compensation For Professional Employees
[Use C.Buy to select the required/appropriate, most current provisions. The following may not be all-inclusive, depending on the particular procurement.]
52.216-1 TYPE OF CONTRACT The Government contemplates award of a [insert the appropriate contract type] contract resulting from this solicitation.
52.233-2 SERVICE OF PROTEST (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
[Insert the Contracting Officer’s name and address]
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
1352.233-71 Service of Protests (March 2000) [PRESCRIPTION: Insert in Section L of all solicitations]
An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (Internet site: http://oamweb.osec.doc.gov/conops/reflib/alp1296.htm ) for the procedures for filing agency protests at the level above the Contracting Officer (with the Protest Decision Authority).
Agency protests filed with the Contracting Officer shall be sent to the following address:
[Insert Contracting Officer name and Address]
If a protest is filed with either the Protest Decision Authority, or with the General Accounting Office (GAO), a complete copy of the protest (including all attachments) shall be served upon both the Contracting Officer and Contract Law Division of the Office of the General Counsel within one day of filing with the Protest Decision Authority or with GAO. Service upon the Contract Law Division shall be made, as follows:
U.S. Department of Commerce
An Ombudsman has been established for this procurement. The role of the Ombudsman is to provide contractors and other interested parties a conduit to address issues of impropriety on the part of Government officials and other concerns not suitable for a more open forum. Offerors may contact the Ombudsman directly at the number below:
Team Lead, Performance Assessment & Improvement Team, CAPPS
U. S. Department of Commerce
Office of Acquisition Management
1401 Constitution Avenue, N.W.
Washington, DC 20230
L–2 SPECIAL NOTICE TO OFFERORS
[This paragraph should be used to convey any special information about this solicitation or the evaluation to the offerors. If non-government personnel are involved in the evaluation, this paragraph should be used to notify the offerors.]
The Government may evaluate proposals and award a contract without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a technical and price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
L–2.1 Failure to submit any of the information requested by this solicitation may be cause for unfavorable consideration.
L–2.2 Offerors are advised that the Government will utilize [if applicable, insert the company names of any non-government personnel who are participating in the evaluation of proposals, or else delete], and their subcontractors and consultants, to assist during the source selection. The exclusive responsibility for source selection will reside with the Government. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423) (hereinafter referred to as "the Act") as implemented in the FAR. These companies are bound contractually by Organizational Conflict of Interest and disclosure clauses with respect to proprietary information. Contractor personnel assisting in the proposal evaluation are procurement officials within the meaning of the Act, and will take all necessary action to preclude unauthorized use or disclosure of a competing Contractor's proprietary data.
L–2.3 Upon receipt, all proposals become Government property. After contract award, the unsuccessful offerors will be required to return to the Government all information, data, drawings, specifications, etc., provided to the offerors by the Government.
L–2.4 [Funding may not be immediately available for execution of the contract resulting from the RFP. If so a paragraph may be inserted to so advise the offerors, such as:] Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. The Government reserves the right to phase the project based upon funds available. The phases will be based on the successful offeror's cost proposal submitted in accordance with Section L herein.
L–2.5 1352.214-70 Pre-Bid / Pre-Proposal Conference [and Site Visit][include “and Site Visit, if appropriate”] (March 2000)
[PRESCRIPTION: Insert a provision substantially as follows in solicitations where a pre-proposal conference will be held. The provision is optional for construction and may be modified as necessary. The Contracting Officer shall include or delete the paragraph regarding Site Visit, as appropriate and shall complete the fill-in.]
The Government is planning a pre-proposal conference during which potential contractors may obtain a better understanding of the work required.
[Instructions: Include if Site Visit, otherwise delete following paragraph]:
[Offerors are strongly urged to visit this site during the conference to fully inform themselves about the location and conditions under which the work is to be performed.]
Offerors are encouraged to submit all questions in writing at least _________ days prior to the conference. Questions will be considered at any time prior to, or during, the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference an amendment containing an abstract of the questions and answers, and a list of attendees, will be made publicly available.
In order to facilitate conference preparations it is requested that the person named on the Standard Form ____ of this solicitation be contacted and advised of the number of persons who will attend.
Offerors are cautioned that, notwithstanding any remarks, clarifications, or responses given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment. It is the responsibility of each offeror, prior to proposing, to seek clarification of any ambiguity created by amendment of the solicitation.
The conference will be held:
[PRESCRIPTION: Insert the following clause in solicitations for work on Government equipment when inspection of the equipment is necessary for a full understanding of the work to be performed.]
Offerors are urged and expected to inspect the equipment on which maintenance or repairs are to be performed and to satisfy themselves regarding all conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the equipment constitute grounds for any claim.
Offerors are invited to inspect the ___[insert identification of equipment]_____ at __________ [insert location] by telephoning ________[insert person’s name and phone number]
for an appointment.
L–3 CONFIDENTIAL INFORMATION
The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and proposals submitted to federal agencies. If an offeror’s submissions contain information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” [5 USC§552(b)(4)], the offeror should mark its submissions in the following manner:
The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) _______.”
Each individual item considered privileged or confidential under FOIA should be marked with the following notice: “The data or information is considered confidential or privileged, and is not subject to mandatory disclosure under the Freedom of Information Act.”
L–4 SOLICITATION RESPONSE REQUIREMENTS
The offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against the evaluation criteria. Also, this documentation shall cover all aspects of this solicitation and include the offeror’s approach for integration and program management activities. Proposals must clearly demonstrate how the offeror intends to accomplish the project and must include convincing rationale and substantiation of all claims. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired.
The offerors shall describe their proposals, through the use of graphs, charts, diagrams and narrative, in sufficient detail for the Government to understand and evaluate the nature of the approach. In its evaluation, the Government will consider the degree of substantiation of the proposed approaches in the proposal volumes and in response to any discussions if held.
All correspondence in conjunction with this solicitation should be directed to the Government Contracting Officer [or Contract Specialist] identified below:
[POC:Insert the Contracting Officer’s name/phone/fax/email]
Contracting Officer’s Name:
L–4.2 PROPOSAL VOLUME REQUIREMENTS
The proposal shall be accompanied by a cover letter (letter of transmittal) prepared on the company’s letterhead stationery. The cover letter (letter of transmittal) shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information. The first or title page shall be in accordance with FAR 52.215-1, paragraph (c)(2). The following are further descriptions of the information that shall be provided with the proposal.
[Tailor the following table to summarize the organization of the proposal, page limits, authorized page sizes, and number of copies required for hard copy and electronic copy.]