ATT_C_COMPETITIVE_INSTRUCTIONS_EVAL_BASIS_AWARD_.pdf

ATTACHMENT C4

Solicitation RFP 12SAD119R0003

INSTRUCTION TO OFFERORS, EVALUATIONS AND BASIS FOR AWARD

April 26, 2019

1. BACKGROUND INFORMATION

Procurement Action: Request for Proposal 12SAD119R0003 FAR Part 12 Acquisition of Commercial Items, using “FAR Part 15-Contracting by Negotiation” Process

Project Title: Property Preservation and Inspection Services

Set Aside: N/A – Unrestricted Competition

Customer: USDA, RD, National Account and Financial Operations Center (NFAOC)

Contract Type: IDIQ (Hybrid CLIN Structure: T&M, Fixed Price; Cost)

The USDA anticipates of award one (1) IDIQ contract with resultant Task Orders under this competition but reserves the right to not award a Task Order if such action is determined to be in the Government’s best interest.

Period of Performance: August 1, 2019 thru January 31, 2021

NAIC: 531390 - Other Activities Related to Real Estate

For this Procurement Action, the offeror must be registered under this NAICS in System for Award Management (SAM) at the time of proposal submission).

https://www.sam.gov/portal/public/SAM/ .

ONLINE REPRESENTATIONS AND CERTIFICATIONS

Your attention is drawn to Solicitation par. 1.3, “Offeror Representations and Certifications.”

Offerors must provide representations and certifications electronically through the Online Representations and Certifications Applications (SAM).

MILESTONE SCHEDULE

Solicitation release April 27, 2019

Questions due: May 6, 2019, 4:30pmEST

Question Responses: May 10, 2019

Solicitation Closing: May 28, 2019, 4:30pmEST

RFP 12 SAD119R0003

PROPERTY PRESERVATION & INSPECTION SERVICES

2. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

In addition to information provided by FAR Clause 52.212-1 Instructions to Offers – Commercial Items, the following instructions to offerors apply:

All proposal intentions, questions, and proposals shall be submitted via email to the Contracting Officer and the Contract Specialist via email to RD.Acquisitions@usda.gov .

All questions from offerors regarding this solicitation shall be submitted on or before May 6, 2019, 4:30pm EST. Only written questions will be accepted. It is requested that all questions be combined into one Microsoft Word document per offeror. Questions must be indicated the solicitation Section, paragraph and page number, i.e, SF1449/Contract;

Attachment A & A1, Performance Work Statement; Attachment B, Pricing Schedule;

Attachment C, Instructions to Offerors, Evaluation, and Basis for Award (Attachments C1 thru C5).

Proposals shall be submitted to the USDA RD, Procurement Management Office via email to RD.Acquisitions@usda.gov on or before date/time specified on the SF1449, Block 8.

The email subject line should indicate: [YOUR COMPANY NAME; RESPONSE RFP 12SAD119R0003]. Proposal received after the due date/time will be considered late in accordance with FAR 52.212-(f). Proposal must indicate an acceptance period of 90 days.

Failure to provide any of the required Volumes as indicated below will result in immediate elimination of the proposal from consideration.

Proposal Content MAXIMUM OF 75 PAGES TOTAL FOR ALL VOLUMES (one-sided)

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

Proposal page limitations are applicable to this procurement of 75 PAGES. All files will be submitted as a Microsoft Excel (.XLS), Microsoft Word (.doc, .docx), or Acrobat (PDF) file or compatible. Page size shall be no greater than 8 1/2" x 11". The top, bottom, left and right mailto:RD.Acquisitions@usda.gov margins shall be a minimum of one inch each. Font size shall be no smaller than 12-point. Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers are not bound by the 12-point font requirement. Footnotes to text shall not be used. The use of hyperlinks in proposals is prohibited.

If the offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the offeror’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions or by exceeding the total page limit for a particular volume will not be evaluated. Pages not evaluated due to violation of the margin, font or spacing restrictions will not be reviewed. The page count will be determined by counting the pages in the order they appear in the print layout view.

VOLUMES 1, 2 AND 4 can be combined into ONE FILE but separated within the file according to the Volume headings as set forth below:

3.1 VOLUME 1: TECHNICAL CAPABILITY PROPOSAL

Up to 55 pages, Heatmap, Resumes, and QASP, are NOT included in page count) and includes the following sections:

• Technical Factor: Technical Capability to include subfactors:

• 1.1 Relevant Experience

• 1.2 Nationwide Coverage – Geographic Service Area (Heatmap as areas noted in Attachment C1))

• 1.3 Management Approach (with proposed Quality Assurance Surveillance Plan( QASP

– sample template Attachment C2).

• 1.4 Staffing Plan (Key Personnel resumes, subcontractors (two-page resumes)

• 1.5 Property Management System

The offeror shall submit a Technical Capability[proposal which shall address in detail how the offeror proposes to accomplish each of the Performance Work Statement (PWS) objectives (tasks) (Attachment B to Solicitation). The offeror shall provide sufficient information to demonstrate its understanding of the requirements, providing a concise, detailed, and thorough discussion of its technical capability to successfully provide the services as stated in the PWS.

The offeror shall describe specific methodologies for accomplishing the required tasks rather than general concepts and clearly demonstrate knowledge of current industry standards for these services.

In addition, the offeror shall organize the proposal according to the Objectives (Tasks) as outlined in the Performance Work Statement and address each factor accordingly, (1) relevant experience; (2) nationwide coverage capacity; (3) management approach;(4) staffing and subcontracting management, and (5) Property Management System, emphasizing the capacity and capabilities to handle the volume of RD inspections and property preservation requirement.

Overall the technical capability approach shall address the proposed contractor structure, which shall name the prime contractor and, if applicable, teaming partner(s)/subcontractor(s) and each members’ business size status (e.g. SDVOSB).

3.2 VOLUME 2: PAST PERFORMANCE INFORMATION (Up to 10 pages)

The offeror shall submit a list of the last three contracts completed during the past three years or currently being performed that are similar to the solicitation size, scope, and complexity, and that are specifically related to property preservation and inspection services. Work that is of particular relevance to this solicitation and PWS includes, but is not limited to:

• Nationwide Property Inspections (REO and Foreclosure Custodial)

• Nationwide Property Preservation (REO and Foreclosure Custodial)

The offeror may submit a maximum of three Past Performance Questionnaires (PPQs) using the form located in Attachment C3. The offeror shall distribute the PPQ found in the solicitation to a point of contact (POC) for each of the past performance references indicated in the submitted in the Past Performance volume, as drafted below. The offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the USDA, Rural Development Procurement Management Office via email at: RD.Acquisitions@usda.gov NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). The email submission must have in the subject line [YOUR

COMPANY NAME; PPQ; 12SAD119R0003].

Contracts listed may include those entered into with the Federal Government, agencies of state and local governments, and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience, or major subcontractors that will perform major subcontracts or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 30% of the total contract effort. Data concerning the prime contractor shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

This volume shall include the following information for each contract and/or subcontract listed, organized by the Sections outlined below.

Section I: Contract Descriptions

a. Name of Contracting Organization

b. Contract Number and Task Order Number, if applicable (for subcontracts, provide the prime contract number and the subcontract number)

c. Contract Type

d. Awarded Price/Cost

e. Final or Projected Final Price/Cost

f. Description of Requirement (Include detail on how the effort is relevant to the requirements of this solicitation.)

g. Contracting Officer's Name and Telephone Number

h. Program Manager's Name and Telephone Number

i. North American Industry Classification System (NAICS) Code

Section II: Performance

The offeror shall provide information on problems encountered on the identified contracts and the offeror’s corrective actions. For any contracts/task orders that did not/do not meet original cost, schedule, or technical performance requirements, provide a brief explanation of the reasons for the shortcomings and any corrective actions taken to avoid recurrence. The offeror shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. The offeror shall indicate if any of the contracts listed were terminated and the reasons for the termination.

Section III: New Corporate Entities

New corporate entities may submit data on prior contracts involving its officers and employees.

In addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above.

The Government is not required to contact all references provided by the offeror. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance. The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

3.3 VOLUME 3 PRICE/COST PROPOSAL (no page limit)

Volume includes the following elements:

• Completed Pricing Worksheet, Attachment C4 (tab 1) Pricing Sheet – Schedule of Services – 18 month-period – TOTAL WILL BE INSERTED IN THE AWARD AS

THE TOTAL CONTRACT CEILING);

• Attachment C 4 (tab2) -Task Order 1 Pricing Worksheet (1-year period of performance)

• Cover Letter

• Completed Proposal Information – SF1449

Offerors shall submit a completed Attachment C4 (Tabs 1 and 2) Pricing Sheet – Schedule of Services a Microsoft Excel (.xls/.xlsx) file as indicated. Offerors must propose firm-fixed unit prices for each service line item in the Price Schedule (each service line item for each of the 18 months of the contract ordering period). Offerors must then multiply each unit price by the maximum quantities specified for that line item to establish a total price for each service line item. Offerors must add up the total price of every service line item in the Price Schedule used for the contract. PLEASE ROUND TO THE NEAREST WHOLE DOLLARS. The column entitled “Variance, if Applicable to Standard Pricing” will not be calculated in the total pricing.

It is for the purpose of determining and negotiating pricing for the NTE CLIN 004, Contingency Preservation, if needed.

Offerors may submit a narrative, not to exceed one page, to include any explanation of relevant pricing information. Offerors shall include signed SF 1449 and amendment(s) (SF 30s), if any, in the Price volume. An authorized official of the prime contractor shall sign the SF 1449, amendment(s) and all certifications requiring signature. Additionally, any proposed terms and conditions and/or assumptions upon which the proposal is predicated shall be included in the Price volume. Offerors are hereby advised that any offeror- imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established in solicitation, may render the offeror’s proposal unacceptable, and thus ineligible for award.

3.4 VOLUME 4 OTHER PROPOSAL DOCUMENTS (up to 10 pages).

Volume 4 includes the following elements:

• Subcontractor Documentation, Subcontracting Plan (See Attachment C-5 Subcontracting Plan Template) (if applicable)

• Any Conflict of Interest Information (Organizational or Personnel) See Solicitation, paragraph 4, Special Requirements, 4.1 Disclosure of Conflict of Interest Affecting Award and Performance

• Any Updated 52.204-8 Annual Representations and Certifications information

• Biobased Information as indicated below and in the FAR Clause 52.223-2 below.

• Any other documents that are not included in the Technical, Resume, Past Performance or Price Proposals as described above, and any Assumptions, Conditions or Exceptions, as described on paragraph 9 below, that are not price/cost related (if applicable).

Small Business Subcontracting Plan (Subcontractors) and Other Teaming Considerations

In accordance with FAR 52.219-9, entitled, "Small Business Subcontracting Plan" (See C4.5 Subcontracting Plan Template) is required by all vendors who are not classified as a Small Business. An overview of the Small Business Subcontracting Plan is required along with your service pricing schedule submission, and a copy of a detailed plan will be incorporated into the final award (At a minimum identification of the types of services to be subcontracted and subcontracting goals are required in the Small Business Subcontracting Plan overview. The failure of any Contractor to comply in good faith with FAR clause 52.219-8, entitled "Utilization of Small Business Concerns" is incorporated in this contract. Any material breach of compliance with Small Business Subcontracting Plan will be subject to the remedies reserved to the Government under FAR Clause 52.219-6 entitled, "Liquidated Damages Subcontracting Plan."

At a minimum to satisfy this requirement a Small Business Subcontracting Plan must be submitted that will satisfy a plan to allocate a minimum of 22% for small business subcontractors. Of that 22% allocated for small business we have additional specialized socio-economic sub-goals to the maximum extent practical as follows:

FY19 Final Goals

Prime Sub Small Business 57.00% 22.00%

SDB 5% 5%

WOSB 5% 5%

SDVOSB 3% 3%

HUBZone 3% 3%

Additionally, the offeror must specify the prime/subcontractor ratio for the work in both the Technical and Price/Cost Proposals. Any information regarding the Technical Capability and Relevant Experience factors that are based on the subcontractor or subcontractors must be included in the corresponding sections of the Technical Proposal.

If a Contractor Teaming Arrangement (CTA) is proposed, the lead member of the CTA must be clearly identified and must possess the appropriate NAICS code.

BioPreferred Products

Offerors shall submit a list of anticipated biobased products to be purchased and used under this contract. For each biobased product, the offeror shall specify the percentage of biobased content, and for the USDA- designated biobased content products. (See https://www.biopreferred.gov/BioPreferred/faces/pages/BiobasedProducts.xhtml). The offeror shall demonstrate that the products to be used under this contract contain the percentage specified in the USDA recommendations or the highest level of biobased material practicable, consistent with USDA's recommended percentages of biobased content.. The offeror shall document prior experience in specifying, purchasing, using, and installing biobased products by providing in their past performance volume information of relevant contracts over the past three years involving the specification, purchase, and/or use of biobased products including a list of the biobased products specified, purchased, used, and installed

52.223-1 Biobased Product Certification (MAY 2012).

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(c) (3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

End of Provision https://www.biopreferred.gov/BioPreferred/faces/pages/BiobasedProducts.xhtml http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

4. 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

Relative Importance of Factors.

The award resulting from this solicitation will be made based on the best overall proposal that is determined to be the most beneficial to the Government (i.e., best value tradeoff process). The Technical Capability Factor is slightly more important than the Past Performance Factor.

Technical Capability Subfactors, 1.1, 1.2, 1.3, 1.4 and 1.5, are rated in descending order of importance. Overall, Non-Price Factors, when combined, are significantly more important than Price. Price is not an adjectivally rated Factor; however, the Price Factor will become the more dominant factor as technical proposals reach technical equality. In such cases, where all non-priced factors being evaluated are virtually the same, best value may be represented by the lowest-priced proposal. For each proposal received, the Government will evaluate the following factors:

Factor 1: Technical Capability (overall capabilities to encompass subfactors belows:

Subfactor 1.1 Relevant Experience Subfactor 1.2 Nationwide Coverage, Geographic Service Area Subfactor 1.3 Management Approach, to include QASP Subfactor 1.4 Staffing Plan, Key Personnel Resumes, Subcontractors; Subcontracting Plan Subfactor 1.5 Property Management System

Factor 2: Past Performance

Factor 3: Price

Contents of the written proposals will be evaluated to determine the degree and extent to which the requirements set forth in the RFP are satisfied. If a proposal is determined to be incomplete or fails to fully meet any material requirement of the RFP, that may render a proposal unacceptable and, thus, ineligible for award.

In accordance with 52.215-1(f)(4), it is the Government’s intent to award without discussion;

therefore, it is incumbent upon all offers to submit their best proposal. Award may not necessarily be made to the lowest price(s) offered. As such, offerors are encouraged to submit their best proposal upon initial submission.

FACTOR 1 – Technical Capability – Overall the Technical Capability will be evaluated based on the extent to which it is demonstrated a likelihood of successful performance of the requirements of the Performance Work Statement (PWS) (Attachment A). The effectiveness and feasibility of the proposed Technical Capability and the offerors understanding of the work will be considered as part of the assessing the likelihood of successful performance. There are five technical capability subfactors that will be evaluated and considered in descending order of importance as follows and evaluated based on:

Sub-factor 1.1 - Relevant Experience - Demonstration of experience in providing services to assist USDA, RD in providing a variety of property/asset management services associated with pre and post liquidation of SFH rural properties serving as security for rural housing loans and guarantees of equivalent portfolio size, as specifically listed in the PWS.

Sub-factor 1.2 – Nationwide Coverage – Geographical Service Area Demonstration of the capacity to provide a nationwide “Heatmap” of available personnel for property preservation services (vendors/subcontractors); displaying the ability, currently or in the future, to provide services to all 50 United States and the territories of Puerto Rico, the Virgin the Western Pacific U.S. Territories. To confirm this ability required, the Offeror must submit a service Heatmap, as discuss in the PWS (also see Heatmap Information, Attachment C1) that reflects coverage of all the states, counties, and territories, and must also include a plan with tentative timelines to provide 100% coverage for all USDA services areas.

Sub-factor 1.3 – Management Approach - Demonstration that the offeror can provide all management, supervision, labor, tools, supplies, insurance, taxes, fees, permits to complete the services, including all reporting and documentation as explicitly set forth in the PWS. A demonstration of how offeror will manage RD’s large nationwide portfolio and an and all quality assurance implementation. A QASP must be submitted with this plan (see QASP Template Attachment C2).

Sub-factor 1. 4 – Staffing Plan - Demonstration that current staff available along with planned staffing levels to meet the technical requirements and schedules identified in the PWS.

Demonstration of ability to onboard and ramp-up staffing in a given service area. Demonstration of staffing (or a network of subcontractors( available to handle hazardous materials remediation (Meth/LB Paint/Mold). To minimally satisfy this sub-factor the submission must identify staff to be used to satisfy the scope of this requirement to include both prime and subcontracting staffs.

Staffing levels that are deemed as unrealistic to satisfy the requirement scope will receive an “Unacceptable” rating.

The Offeror is required to include resumes for key personnel positions and emergency points of contacts. Offeror’s subcontracting plan must be discussed in this section, and the subcontracting plan (see C5, Subcontracting Plan Template included with information submitted with Volume 4, Other Documents.

Sub-factor 1.5 Property Management System – Demonstration that Offeror has a system that is able to identify real time status (ordering and tracking) of each RD property, and demonstrate the capability to timely exchange data with other clients’ loan servicing systems (i.e, USDA utilizes LoanServ); and must demonstrate that USDA personnel will have access to request work orders review documentation, and approve/reject items, etc.

FACTOR 2 – Past Performance

The past performance confidence assessment rating is based on the offeror’s overall record of recency, relevancy, and quality of performance. In addition, for large business concerns , the Government will evaluate past performance to determine the extent to which offeror has attained applicable goals for small business participation under prior contracts that required subcontracting plans. Relevant experience must be demonstrated within the last three years of providing property preservation and inspection services as required in the PWS. Specifically, a review of record of quality of service, personnel, adhering to contract schedule and cost contract, and attainment of subcontracting goals, if applicable. In accordance with FAR 15.305(a)(2), the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each offeror. In addition, this assessment of offeror’s performance will contribute to the responsibility determination.

5. PERFORMANCE CONFIDENCE ASSESSMENTS RATING METHOD

Adjectival Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the

Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

6. EVALUATION RATINGS, DEFINITIONS AND RISK RATINGS

Technical Evaluation Ratings and Definitions

The following table shows the description, definition, and allocation of ratings for the rated proposal sections. Proposals will be assigned adjectival ratings based on the definitions described in this table.

Combined Technical/Risk Rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, uncertainties, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings as set forth in the table below:

Strength - any aspect of a proposal when judged against a stated evaluation criterion enhances the merit of the proposal or increases the probability of successful performance of the contract. A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

Weakness - A flaw in the proposal that increases the risk of unsuccessful contract performance.

A significant weakness in a proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency -material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Risk – Assessment of risk considers potential for disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful contract performance. Factor ratings can be adjusted based on a risk consideration.

Color Rating

Adjectival Rating

Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is not awardable.

7. PRICE/COST PROPOSAL EVALUATION

The base IDIQ 18-month effort as well as Task Order 1, CLINs 001 and 002, will be evaluated for price reasonableness, realism and balance, as further described below. The total pricing, including the NTE plug-in CLINs 004, 005, and 006 will be totaled to come up with the total IDIQ ceiling price.

CLIN 003 Reports is Not Separately Priced (NSP) and thus not be evaluated.

CLINs 004, 005 and 006 also will not be evaluated. The amounts for these CLINs are estimated plug-in amounts, as shown in C4 Pricing Worksheets. As noted above, the plug-in amounts will be included in the ceiling total from CLIN 001 and 002 for the total IDIQ ceiling price; and for Task Order 1, the total task order price.

NOTE: The column entitled “Variance, if Applicable to Standard Pricing” will not be calculated or evaluated in the total pricing. It is for the purpose of determining pricing for the NTE CLIN 004, Contingency Preservation, if needed, during the period of performance of the contract.

7.1 Proposal Analysis

The Contracting Officer is responsible for evaluating price/cost proposals using the methods of price and cost analysis in accordance with the Federal Acquisition Regulations. The CO will use the processes of price and realism analysis, and review service prices for balance in pricing as discussed below.

7.2 `Price Analysis

Price analysis is a process of examining and analyzing a proposed price without evaluating separate cost elements and proposed profit/fee to ensure that the proposed price is fair and reasonable. The CO may use the following techniques in performing price analysis:

(a) Comparison of proposed prices received in response to the Solicitation;

(b) Comparison of previously proposed prices and contract prices with current proposed prices for the same or similar services (labor categories) in comparable quantities; and,

(c) Comparison of proposed prices with independent cost estimates.

7.3 Realism Analysis

The purpose of realism analysis is to ensure that proposed prices are not so low such that contract performance is put at risk from either a technical and/or cost perspective. It is separate from analyses performed to determine price reasonableness. Realism analysis determines whether an offeror’s proposed costs and/or prices:

(a) Are realistic for the work to be performed;

(b) Reflect a clear understanding of the requirements; and

(c) Are consistent with the various elements of the offeror's technical proposal.

Price Realism analysis is an objective process that focuses on the proposed price and performance risks. Price realism is used when requirements may not be fully understood by the offeror, there are quality concerns, past experience indicates that contractors’ proposed prices have resulted in quality of service shortfalls. Results of the analysis may be used in performance risk assessments and responsibility determinations.

7.4 Unbalanced Offer

Proposals may be analyzed to determine whether they are unbalanced with respect to prices or separately priced line items. An offer is mathematically unbalanced if it is based on prices which are significantly less than the cost for some contract line items (prices of services in Pricing Sheet) and significantly overstated in relation to cost for others. An offer is materially unbalanced if it is mathematically unbalanced and if there is reasonable doubt that the offer would result in the lowest overall cost to USDA (even though it is the lowest evaluated offer);

or the offer is so grossly unbalanced that its acceptance would be tantamount to allowing an advance payment. Offers that are materially unbalanced may be rejected.

8. BASIS FOR AWARD

The award will be made based on the best overall (i.e., best value tradeoff process) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to three (3) evaluation factors on a trade-off basis: (1) Technical Capability, (2) Past Performance and (3) Price. All proposals shall be subject to evaluation by a Technical Evaluation Team (TET). Proposals will be evaluated according to the evaluation criteria stated above. In conducting its evaluation, the Government intends to determine which offer proposes the best value. Accordingly, the Government may award any resulting contract to other than the offer proposing the lowest price or other than the offer achieving the highest rating. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical Capability Factor. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall cost to the Government.

However, the Government will not make an award at a significantly higher overall cost to the Government to achieve slightly superior technical or management features. No proposal shall be considered for award that fails to reflect the offeror’s clear intent to provide the full amount of work described in this solicitation.

In addition, USDA intends to award a contract without discussions with offerors but reserves the right to conduct discussions and/or negotiations with any and/or all offerors, as determined by the Contracting Officer to be necessary.

9. ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

The offeror must submit any assumptions, conditions, or exceptions regarding any of the terms and conditions of this solicitation, including the PWS IN VOLUME 4. If no assumptions, conditions, or exceptions are submitted at the time of the proposal, it will be understood that the offeror proposes no assumptions and agrees to comply with all of the terms and conditions set forth herein. The Government reserves the right to accept or reject any proposal that includes assumptions, conditions, or exceptions to any of the terms and conditions of the Solicitation.

Additionally, the offeror must monitor the Federal Business Opportunities (FBO) homepage for announcements on any amendments or activities related to this procurement. The offeror must acknowledge the reading of all amendments posted for this procurement in its cover letter.

10. 52.233-2 SERVICE OF PROTEST (SEPT 2006)

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 Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Brian Johnson, Contracting Officer USDA, Rural Development, Procurement Management Office 1400 Independence Avenue, SW Washington, DC 20250 Email: Brian.Johnson@wdc.usda.gov

The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

11. 52.204-8 ANNUAL REPRESENTAITONS AND CERTIFICATIONS (Oct 2018)

Offeror shall provide information regarding updated Annual Representations and Certifications in Volume 4, Other Proposal Documents.

1. (a)

a. (1) The North American Industry Classification System (NAICS) code for this acquisition is 531390, OTHER Activities Related to Real Estate.

b. (2) The small business size standard is $7.5M.

c. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

2. (b)

a. (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

b. (2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

i. (i) □ Paragraph (d) applies.

ii. (ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

3. (c)

a. (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

i. (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

1. (A) The acquisition is to be made under the simplified acquisition procedures in part 13;

2. (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063268 https://acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458

3. (C) The solicitation is for utility services for which rates are set by law or regulation.

ii. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

iii. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

This provision applies to all solicitations.

iv. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

v. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

1. (A) Are not set aside for small business concerns;

2. (B) Exceed the simplified acquisition threshold; and

3. (C) Are for contracts that will be performed in the United States or its outlying areas.

vi. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

vii. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

viii. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

ix. (ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

x. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

xi. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063408 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-18 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063736 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063796 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062479 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062558 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165RA0UH01A https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059991 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059247 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057235

1. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

2. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

xii. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

xiii. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

xiv. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

xv. (xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

xvi. (xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA– designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

xvii. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

xviii. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

xix. (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

xx. (xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

1. (A) If the acquisition value is less than $25,000, the basic provision applies.

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057302 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055729 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055782 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056289 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052963 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052973 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053040 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#CDCHDCIFF4 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053411 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053526 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

2. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

3. (C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

4. (D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

xxi. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

xxii. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

xxiii. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

xxiv. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

b. (2) The following representations or certifications are applicable as indicated by the Contracting Officer:

i. X (i) 52.204-17, Ownership or Control of Offeror.

ii. X (ii) 52.204-20, Predecessor of Offeror.

iii. X (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

iv. X (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

v. X (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

vi. X (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

vii. X (vii) 52.227-6, Royalty Information.

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053693 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054426 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054876 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054999 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064305 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165VE00099X https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055635 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056493 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056701 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052268

__ (A) Basic.

__ (B) Alternate I.

viii. (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

4. (d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

5. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

12. ATTACHMENTS

• C1 Heatmap Information (States and Counties)

• C2 Quality Assurance Surveillance Plan Template

• C3 Past Performance Information Questionnaire

• C4 Worksheet Pricing Sheet – Schedule of Prices (Tab 1 – 18 Month); (Tab 2 – Task

Order 1 – one year Period of Performance)

• C5 Subcontracting Plan Template

END OF INSTRUCTIONS

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052648 https://www.sam.gov/ https://acquisition.gov/content/part-4-administrative-matters#i1121876