SOLICITATION NOTICE
R -- National Incident Management System Doctrine and Resource Typing: Developement, Implementation, and Stakeholder Engagement
- Notice Date
- 8/20/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- Department of Homeland Security, Federal Emergency Management Agency, Preparedness Branch, Office of Acquisition Management, 16825 South Seton Avenue, Emmitsburg, Maryland, 21727, United States
- ZIP Code
- 21727
- Solicitation Number
- HSFE20-13-R-0074A
- Archive Date
- 9/18/2013
- Point of Contact
- Erin Cotter, Phone: 3014471921, Christopher K. Gloyd, Phone: 301-447-7274
- E-Mail Address
-
erin.cotter@dhs.gov, christopher.gloyd@dhs.gov
(erin.cotter@dhs.gov, christopher.gloyd@dhs.gov)
- Small Business Set-Aside
- Competitive 8(a)
- Description
- This posting replaces the original combined synopsis/solicitation HSFE20-13-R-0074. This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in Federal Acquisition Regulation (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 document will not be issued. It is incumbent upon contractors to monitor the FedBizOpps web page (https://www.fbo.gov) for any/all subsequent amendments. FedBizOpps also contains an option for automatic notification services. This combined synopsis/solicitation document and the incorporated provisions and clauses it contains are those in effect through Federal Acquisition Circular (FAC) 2005-69. The NAICS code for this requirement is 541611, Administrative Management and General Management Consulting Services. The size standard is $14.0 million. This requirement is set-aside for SBA 8(a) certified firms. Proposals will only be accepted from 8(a) firms for this requirement. The Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) National Integration Center (NIC) has a requirement for Resource Management Support. The performance periods consist of the following: Base Period: September 28, 2013 - September 27, 2014 Option Period I: September 28, 2014 - September 27, 2015 Option Period II: September 28, 2015 - September 27, 2016 Technical and/or administrative questions must be submitted in writing to erin.cotter@dhs.gov no later than 10:00 a.m. Eastern Standard Time,Monday, August 26, 2013. Individual responses will not be given. Responses to all inquiries will be published by amendment to the solicitation. Inquiries and information received after the established deadline shall not be considered for this particular acquisition. Oral communications are not acceptable in response to this notice. Only written inquiries will be accepted. E-mail inquiries must be in MS Word, Excel or PDF format. The subject line for all questions or inquiries must contain the solicitation number HSFE20-13-R-0074. Failure to include the solicitation number in the subject line may result in a non-response to the inquiry. This is a combined synopsis/solicitation (HSFE20-13-R-0074). Proposals must be submitted electronically. When responding please include the solicitation number HSFE20-13-R-0074 on the subject line of your email message. Failure to include the solicitation number in the subject line may result in the correspondence being overlooked or disregarded. All documents submitted must be in MS Word, Excel or PDF format. Total size for all proposal material cannot exceed 10MB. Any file larger than 10MB is too large to be accepted by the email system. The proposal must be prepared in two (2) parts: a "Technical Proposal" and a "Business Proposal. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal (Volume 1) must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated. The Government will evaluate quotations in accordance with the technical evaluation criteria. Failure to respond or follow the instructions regarding the organization and content of the Technical and the Business Quotation may result in the offeror's quotation being removed from further consideration. Each volume shall be marked with proposal number, title and Offeror's name. Pages shall be numbered. Bookmarks are encouraged. Front matter (title pages, tables of contents, cross-reference matrices, acronym lists, and glossaries) may be provided solely for the purpose of easing evaluation. The typewritten or printed letters shall be no smaller than Courier 12 point or equivalent as the minimum size standard, with no reduction permitted except organization charts or other graphic illustrations; in those instances where reduction is allowable no smaller than 10 point type is recommended. Offerors shall ensure that the print is easily readable. Each page shall have not less than one-inch margins on each side of the page. Header/footer information (which does not include any information to be evaluated) may be included in the 1inch margin space. Each 8 and 1/2 by 11 inch "sheet" shall count as one page. Foldouts for complete spreadsheets and/or organization charts are permissible up to 11" by 17" and shall count as two pages. Amendments to Proposal - Any changes to a proposal made by the offeror after its initial submittal (i.e., in the final revised proposal) shall be accomplished by replacement pages. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The offeror shall include the date of the amendment on the lower right corner of the changed pages. TECHNICAL PROPOSAL INSTRUCTIONS Technical proposals are limited to no more than 30 pages. Resumes of key personnel proposed to support the project shall accompany the written quotation. The key personnel resumes are excluded from the technical quotation page limit. Individual resumes are subject to a three-page limit. The email size limit for files is 10MB. The following content is required: Section 1. Technical Approach DHS will evaluate the proposed technical approach in terms of the ability of the vendor to effectively and efficiently perform the work specified in the Statement of Work (SOW) and its related objectives and requirements. The Government is looking for innovative ways to meet and improve upon stated requirements. A proposal that merely repeats the SOW is not considered a satisfactory response. The technical approach is specific, detailed and complete enough to demonstrate the offeror has a thorough understanding of the requirements in the SOW. At a minimum, the offeror addresses the functions and disciplines involved for each objective, skill levels, quantity of resources and methods of operation required for contract period of performance (base period and option periods). The approach describes the proposed allocation of resources (i.e., distribution of staff, types of labor, categories, subcontractors, proposed contractor owned equipment/vehicles, etc.) The technical approach adequately describes how the offeror will accomplish the requirements of the SOW in a clear, concise, specific, and convincing manner. Section 2. Staffing Plan DHS will evaluate the proposed staffing plan, including experience and expertise of the program manager and key staff with programs and projects related to those identified in the SOW. The staffing plan includes a description on how the offeror will recruit, retain, train, supervise, and coordinate its staff. The plan describes the proposed labor mix and demonstrates that the proposed staff will have the necessary skills and expertise necessary for successful contract performance. The staffing plan indicates the percentage of employees from the incumbent contractor(s) whom the offeror expects to retain as well as policies and procedures for establishing salaries or wages for any retained incumbent contractor employees and any eligibility and vesting requirements relative to fringe benefits (e.g., vacation, medical, insurance, sick leave and retirement). The offeror identifies and presents resumes of key personnel who will be assigned to this contract and the rationale for positions designated as key (i.e., why the offeror determined the position(s) to be key). The offeror demonstrates that the proposed key personnel have an understanding of the program scope and objectives as well as relevant experience. The offeror demonstrates an understanding of the importance of assigning experienced, key personnel in the completion of the contract. The offeror provides resumes for all proposed key personnel. Letters of commitment are provided for key personnel that are not currently employees of the offeror or its proposed subcontractors. Resumes are limited to 3 pages each. Section 3. Past Performance DHS will evaluate the demonstrated record (as confirmed by proposal submissions and reference checks) of successful past performance for the same or similar requirements identified in the SOW. A current point of contact (name and phone number) for each job described under experience to be contacted as a reference. Disclosure of any contract(s) or orders(s) terminated for cause or default or in which a cure notice was received in the past three years. Also list any contracts for which the customer did not exercise an option to continue the contract within the last three years. Offerors shall provide a narrative describing the circumstances of the termination, cure notice, or failure to have an option exercised. Such narrative shall include a summary of any corrective action taken to resolve or correct the situation or describe any extenuating circumstances. The offeror may discuss any quality awards or certifications that indicate the offeror possesses a commitment to high-quality services such as those under this requirement. The offeror shall also submit a Past Performance Questionnaire. The Past Performance Questionnaire an attachment to this posting, and will be used to collect this information. Please send this form to procurement and technical managers both past and present for both Government and commercial contracts listed as references for past performance. Additionally, references other than those identified by the offeror may be contacted by the Government if desirable, and this information can be used in the evaluation of the offeror's past performance. BUSINESS PROPOSAL INSTRUCTIONS The business proposal must be submitted in the following format and must address each of the following areas: Volume 2, Business Proposal, shall include: •Time & Material Cost for the period of performance as set forth in the CLIN structure in the attachement, Schedule of Contract Line Items •Copy of the offeror's Representations, Certification, and Other Statements of Offeror •Evidence of responsibility •Letters of commitment (subcontractors) Volume 2 has no page limit. 1. The offeror shall complete the attachment, Schedule of Contract Line Items - The offeror shall propose the cost for each CLIN set forth in B.2. The proposed price shall be based on the requirements of the SOW. a. Direct Labor - Provide a breakdown of direct labor cost by labor category including number of labor hours and current actual or average hourly rates for the base period and each option periods. b. Other Direct Costs (ODC's): Estimated numbers are provided by the Government in the attached Schedule of Line Items. 2. Representations, Certifications, and Other Statements of Offerors (FAR 52.212-3). This shall be completed and submitted as part of the Business Proposal, or included the offeror's registration in the System for Award Management (SAM) - www.sam.gov. 3. Evidence of Responsibility. The offeror must submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR 9.104-1. However the Contracting Officer will comply with FAR 19.6. Offeror should seriously address each element of responsibility. To be determined responsible a prospective contract must: a. Have adequate resources, including financial, facilities, equipment and personnel, to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)); b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government commitments; c. Have a satisfactory performance record (FAR 9.104-3(b) and FAR 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history, except as provided in FAR 9.104-2; d. Have a satisfactory record of integrity and business ethics; e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as property control systems, quality assurance measures, and safety programs applicable to services to be performed by the prospective contractor and subcontractors (see FAR 9l104-3(a)); f. Be otherwise qualified and eligible to receive an award under applicable laws and regulations 5. Letters of Commitment (Subcontractors) The Business Proposal shall include a letter, on subcontractor letterhead, and signed by an authorized representative of each subcontractor, which specifically indicates the subcontractor's agreement to be included in the offeror's proposed teaming arrangement. ORAL COMMUNICATIONS All communications with regard to this solicitation should be directed to Erin Cotter, Contract Specialist, who may be contacted by email at: erin.cotter@dhs.gov Telephone inquiries will not be accepted. Offeror must submit all questions concerning this solicitation, in writing, to the contract specialist identified above. All questions must be submitted no later than 08/26/2013, 10:00 a.m. (Eastern Standard Time). Answers to all relevant and appropriate questions will be posted as an amendment to the solicitation. In the event multiple questions address the same issue the Government reserves the right to answer a representative question that best exemplifies the issue. One copy of the Technical and Business proposal shall be submitted in two separate parts. Your quotation must be submitted electronically using Microsoft Word, Microsoft Excel, or Adobe Acrobat format no later than 3:00 p.m. EST on Tuesday, September 3, 2013 to the following e-mail address: erin.cotter@dhs.gov EVALUATION FACTORS FOR AWARD: This solicitation is a Total 8(a) Set-Aside. FAR 52.212-2, Evaluation-Commercial Items is incorporated by reference, specific evaluation criteria is stated below. The Government intends to award one contract resulting from this RFP to the responsible small business offeror that represents the Best Value to the Government. Best value is defined as the offer that results in the most advantageous acquisition decision for the Government as determined by a trade-off analysis among non-price and price factors. The non-price factors (Technical Approach, Staffing Plan, Past Performance) when combined are equal to price, and are listed in descending order of importance. However, price may become a critical factor in the event that two or more offerors are determined to be essentially equal following the evaluation of non-price factors. Evaluation of price will be based on the offeror's total price for all line items, to include all options. The offeror's initial proposal shall contain the offeror's best terms from price and technical standpoint. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to award to other than the lowest offeror if the Government determines that a price premium is warranted due to technical merit. The Government reserves the right to award to other than the highest rated offeror. The Government reserves the right to make no award as a result of this RFP. The Government will not make an award at significantly higher overall price to achieve only slightly superior performance capability. The Government will make this assessment through the development of trade-off analyses that involve the assessment of benefits of superior performance capability features (i.e., economic benefits clearly attributable to increased DHS/FEMA productivity, probability of successful contract performance, and/or unique and innovative approaches or capabilities) versus the added cost. Options: It is anticipated this RFP will contain two option periods. In accordance with FAR Clause 52.217-5, Evaluation of Options, the Government will evaluate offers for award purposes by adding the total price for the option to the total price for the base requirement, except when it is determined not to be in the Government's best interests. Evaluation of options will not obligate the Government to exercise the option. Price Evaluation: Adequate price competition is anticipated for this acquisition. The evaluated price will be based on the total price, inclusive of an option. The following factors will be used to evaluate price: (a) Complete -- The price proposal will be evaluated to determine if all price information required by the synopsis/solicitation has been submitted in accordance with the Proposal Instructions and all CLINs are priced. (b) Price reasonableness -- The level of effort and mix of labor proposed to perform the specified tasks will be considered and the total price will be determined fair and reasonable. (c) The Contracting Officer will perform any necessary review of the cost proposals to ensure the proposal represents best value to the Government in meeting the Government's needs. TECHNICAL EVAUATION CRITERIA The following will be considered in the evaluation of the non-price factors Section 1. Technical Approach DHS will evaluate the proposed technical approach in terms of the ability of the vendor to effectively and efficiently perform the work specified in the Statement of Work (SOW) and its related objectives and requirements. The Government is looking for innovative ways to meet and improve upon stated requirements. A proposal that merely repeats the SOW is not considered a satisfactory response. The technical approach is specific, detailed and complete enough to demonstrate the offeror has a thorough understanding of the requirements in the SOW. At a minimum, the offeror addresses the functions and disciplines involved for each objective, skill levels, quantity of resources and methods of operation required for contract period of performance (phase-in period, base period, and option periods). The approach describes the proposed allocation of resources (i.e., distribution of staff, types of labor, categories, subcontractors, proposed contractor owned equipment/vehicles, etc.) The technical approach adequately describes how the offeror will accomplish the requirements of the SOW in a clear, concise, specific, and convincing manner. Section 2. Staffing Plan DHS will evaluate the proposed staffing plan, including experience and expertise of the program manager and key staff with programs and projects related to those identified in the SOW. The staffing plan includes a description on how the offeror will recruit, retain, train, supervise, and coordinate its staff. The plan describes the proposed labor mix and demonstrates that the proposed staff will have the necessary skills and expertise necessary for successful contract performance. The staffing plan indicates the percentage of employees from the incumbent contractor(s) whom the offeror expects to retain as well as policies and procedures for establishing salaries or wages for any retained incumbent contractor employees and any eligibility and vesting requirements relative to fringe benefits (e.g., vacation, medical, insurance, sick leave and retirement). The offeror identifies and presents resumes of key personnel who will be assigned to this contract and the rationale for positions designated as key (i.e., why the offeror determined the position(s) to be key). The offeror demonstrates that the proposed key personnel have an understanding of the program scope and objectives as well as relevant experience. The offeror demonstrates an understanding of the importance of assigning experienced, key personnel in the completion of the contract. The offeror provides resumes for all proposed key personnel. Letters of commitment are provided for key personnel that are not currently employees of the offeror or its proposed subcontractors. Resumes are limited to 3 pages each. Section 3. Past Performance DHS will evaluate the demonstrated record (as confirmed by proposal submissions and reference checks) of successful past performance for the same or similar requirements identified in the SOW. A current point of contact (name and phone number) for each job described under experience to be contacted as a reference. Disclosure of any contract(s) or orders(s) terminated for cause or default or in which a cure notice was received in the past three years. Also list any contracts for which the customer did not exercise an option to continue the contract within the last three years. Offerors shall provide a narrative describing the circumstances of the termination, cure notice, or failure to have an option exercised. Such narrative shall include a summary of any corrective action taken to resolve or correct the situation or describe any extenuating circumstances. The offeror may discuss any quality awards or certifications that indicate the offeror possesses a commitment to high-quality services such as those under this requirement. The offeror shall also submit a Past Performance Questionnaire. The Past Performance Questionnaire is included as an attachment, and will be used to collect this information. Please send this form to procurement and technical managers both past and present for both Government and commercial contracts listed as references for past performance. Additionally, references other than those identified by the offeror may be contacted by the Government if desirable, and this information can be used in the evaluation of the offeror's past performance. COST EVALUATION CRITERIA Cost proposals will be evaluated, but will not be assigned a rating. Adequate cost/price competition is expected for this acquisition. The evaluated cost/price will be based on the total of all CLINS inclusive of options. PROVISIONS AND CLAUSES: All referenced FAR provisions and clauses may be accessed electronically at http://farsite.hill.af.mil/vffar1.htm and HSAR provisions and clauses may be accessed electronically at http://farsite.hill.af.mil/VFHSARA.HTM. Of the available clauses, the following apply and are incorporated by reference: 52.212-1 (Jan 2006), Instructions to Offeror -- Commercial Items FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In compliance with said clause, the following FAR clauses apply: 52.203-6, Restrictions on Subcontractor Sales to the Government; 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.217-8, Option to Extend Services; 52.217-9, Option to Extend the term of the Contract; 52.219-8, Utilization of Small Business Concerns; 52.219-11 Special 8(a) Contract Conditions 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns 52.219-28, Post Award Small Business Program Rerepresentation; 52.222-3, Convict Labor; 52.222-17, Nondisplacement of Qualified Workers (Jan 2013); 52.222-19, Child Labor-Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Veterans; 52.222-36, Affirmative Action for Handicapped Workers with disabilities; 52.222-37, Employment Reports on Veterans; 52.222-40, Notification of Employee Rights Under the National Labor Relations Act; 52.222-50 -- Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 5.225-1, Buy America Act-Supplies (June 2003); 52.225-2, Buy America Act Certificate (June 2003); 52.225-3, Buy America Act-Free Trade Agreement-Israeli Trade Act (June 2006); 52.225-13, Restrictions on Certain Foreign Purchases; 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications; 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration 52.233-3, Protest After Award (AUG 1996); HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. In compliance with said clause, the following FAR clauses apply: 3052.209-70, Prohibition on Contracts with Corporate Expatriates; 3052.204-71, Contractor Employee Access; 3052.204-71 Alternate I, Contractor Employee Access; 3052.205-70, Advertisements, Publicizing Awards, and Releases; 3052.215-70, Key Personnel or Facilities: (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract: (To be proposed of offeror) 3052.219-70 3052.242-72 3052.247-72 ________________________________________________ ________________________________________________ ________________________________________________ SUBMITTAL DATA ON PERSONNEL The Contractor shall provide a list of personnel, including their area of expertise, who will be available for assignment to support this contract. A resume (no greater than 3 pages per individual) shall be submitted for all key personnel identified above as Key Personnel or Facilities. Resumes shall clearly show how and where individuals possess the required education and/or experience for the positions identified. Services will be primarily provided off-site at the contractor facility. In addition, work may also be performed on-site and at various geographic sites as necessary for this SOW as approved by the contracting officer and COR. No less than one contract staff person will be expected to work on-site. Contractors will require FEMA identification badges if working on-site. TRAVEL Local travel (50) miles within the Washington, DC area will not be reimbursed by the government. Long Distance Travel costs as allowable and necessary will be reimbursable to the extent allowable pursuant to Federal Acquisition Regulations (FAR) 31.205-46 and in accordance with the Federal Travel Regulations. Round-trip coach airfares for out-of-town travel shall be scheduled sufficiently in advance to take advantage of offered discount rates. Lodging and per diem expenses shall be billed at the actual government per diem rate set for the location. Receipts for actual allowable travel costs incurred must be submitted with invoices for reimbursement. All travel must be approved by the Contracting Officer's Representative (COR) prior to incurring any travel related costs. The GSA Federal Travel Regulations Per diem rates are available at: http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=17943 Information regarding the Federal Travel Regulation is available at: http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=24030 Service Contract Act information is available at: http://www.dol.gov/whd/govcontracts/sca.htm 52.233-2 SERVICE OF PROTEST (SEP 2006) NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS: A. Preface Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address: Federal Emergency Management Agency Attn: Office of ADR 395 E Street, SW Patriots Plaza 1, Room 525 Washington, DC 20472-3215 If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest. Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103. B. Definitions. (1) "Agency protest," as used in this Synopsis/Solicitation, is one that may be filed with either the Contracting Officer or the officer responsible for the resolution of all agency protests filed at the level above the Contracting Officer. (2) "Ombudsman," as used in this Synopsis/Solicitation, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman. (3) "Day," as used in this Synopsis/Solicitation, is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is a Saturday, Sunday or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open. C. Submission Guidelines. (1) Agency protests may be filed through the Contracting Officer or, at the level above the Contracting Officer, through the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed through the Contracting Officer or the Ombudsman must be mailed or faxed to: Christopher Gloyd, Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D 16825 South Seton Avenue Emmitsburg, MD 21727 -OR- DHS/FEMA Att: Anthony Martoccia Acquisition Operations Division 395 E Street, SW, Room 526 Washington, DC 20472-3215 b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest". c. If the protester submits the protest directly through the Ombudsman, the protester must also, within one (1) day of submitting the protest to the Ombudsman, submit a copy of the protest to the responsible Contracting Officer either by FAX transmission or by "Certified Mail" (Return Receipt Requested). (2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day. (3) Protest submissions will not be considered filed until all of the following information is provided: a. the protester's name, address, telephone number and fax number; b. the solicitation or contract number; c. a detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced; d. copies of relevant documents; e. a request for ruling by the agency; f. a statement detailing the form of relief requested; g. all information establishing that the protester is an interested party for the purposes of filing a protest; and h. all information establishing the timeliness of the protest. (4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman. D. Timeliness/Resolution of Protests. (1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. (2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (3) Protests filed through the Contracting Officer. a. Within twenty (20) days after the protest is filed through the Contracting Officer, the Contracting Officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Return Receipt Requested)". b. Appeals i. Protesters who filed protests through the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman. ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested). iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision. iv. In accordance with FAR 33.103(d)(4) and 4 C.F.R 21.2(a)(3), if there is an agency appellate review of the Contracting Officer's decision on the protest, it will not extend GAO'S timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within ten (10) days of knowledge of initial adverse agency action. (4) Protests filed through the Ombudsman: a. If the protester protests directly through the Ombudsman, the Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed. b. Protests filed directly through the Ombudsman cannot be appealed within the agency. E. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protest).
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