Pgs 65 - 66 Amend 5 140D8120R0004 Solicitation- AK FWOC_0005.pdf

SECTION D--INSTRUCTIONS TO OFFERORS

submission of the proposal, the Government shall have the right to use the information as provided in the contract, and

(ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.

However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

D8 Reserved

EVALUATION OF PROPOSALS

D9 Evaluation – Commercial Items (FAR 52.212-2) (Oct 2014)

(a) The Government will award a contract(s) resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered.

(b) Options. The Government will evaluate all option pricing at time of award. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror(s) will result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer, i.e., the government may eliminate any non-compliant aircraft or pilot without disqualifying the entire proposal from eligibility for award), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d) The Government intends to evaluate offers and award contracts without discussions with offerors. Award will be made based on technically acceptable proposals offering fair and reasonable pricing. Pursuant to FAR 15.101-2, no tradeoffs will occur, and proposals will be evaluated for acceptability, but not ranked using non-cost/price factors. The offeror's initial offer should contain the offeror's best terms.

D9.1 Evaluation Factors. The evaluation process shall proceed as follows:

D9.1.1 The Government will review all proposals to ensure they meet the terms and conditions of the solicitation.

Proposals that do not meet the terms and conditions of the solicitation may be deemed unacceptable and will be removed from further evaluation. The Government will evaluate all acceptable offers based on the evaluation factors listed below:

1. Aircraft Capability

2. Organizational Safety

3. Past Performance

4. Evaluated Price

D9.1.2 Aircraft Capability

The Government technical evaluation team shall evaluate each offeror’s proposed aircraft against the specifications listed in the solicitation. The technical evaluation team shall determine whether the aircraft meets the minimum standards set forth in the solicitation. Aircraft that meet or exceed the standards shall be deemed acceptable, while those that do not shall be deemed unacceptable and removed from further consideration.

D9.1.3 Organization Safety

D9.1.3.1The Government technical evaluation team shall evaluate each offeror’s proposed SMS questionnaire responses and accidents. All offerors receiving a rating of "Poor" will be deemed unacceptable and will be removed from further consideration.

D9.1.3.2 Safety Management System (SMS) Components.

The Government will evaluate the offeror’s written submittal in response to the Safety Management System (SMS) Components identified in the Questionnaire in Exhibit E-2. A more favorable rating evaluation will result within this area to offerors that demonstrate implemented FAA and IS-BAO SMS standards listed in the exhibit.

D9.1.3.3 Accidents and FAA violations. The Government will evaluate any known aircraft accidents and FAA violations incurred under the Offeror FAA operating certificate. The total number of flight hours provided by the Offeror will be used, as

SECTION D--INSTRUCTIONS TO OFFERORS

well as any data resulting from the Government’s own experiences with the Offeror. A more favorable safety component rating evaluation will result within this area to Offerors that possess an accident rate less than the agency five-year average, have fewer FAA violations, and satisfy the components in Exhibit E-2. Offerors providing an accident prevention action plan or evidence of actions taken to prevent future accidents may positively impact your offer. Only the Offeror’s accident history within the last five years calendar will be considered.

D9.1.4 Past Performance

D9.1.4.1 The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to safely and efficiently perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance.

The offeror may provide information on problems encountered on identified contracts and the offeror’s corrective actions. The Government shall consider this information, as well as information obtained from any other sources, including any information on your company contained in the Contractor Performance Assessment Reporting System (CPARS), a Government-wide past performance database located on-line at www.CPARS.gov, when evaluating the offeror’s past performance.

D9.1.4.2 The Contracting Officer shall seek recent and relevant performance information. If the information provided is determined to be recent by the evaluation team the offeror’s past performance will be evaluated for relevance.

Relevant contracts include performance of efforts involving aviation support efforts in environments that are similar in scope, magnitude and complexity than the effort described in this solicitation.

D9.1.4.3 The Government will give greater weight to its own experiences with the offeror (specifically DOI), if any, than it will give to reports obtained from others. Offerors with no relevant past or present performance history shall receive a Neutral rating. Contractors that meet (neutral rating) or exceed the standards shall be deemed acceptable, while those that do not shall be deemed unacceptable and removed from further consideration.

D9.1.5 Evaluated Price

The evaluation will be based on an analysis of the competitiveness and reasonableness of the prices proposed.

Prices will be compared against previous contract pricing, other aircraft offered and on contract, and published pricing found on-line. Offerors are cautioned that the degree to which proposed prices appear unrealistic or unbalanced, the Government may infer either a lack of understanding of requirements, increased risk of performance, or lack of integrity on the part of the Offerors. The Government reserves the right to reject offers that have materially unbalanced standby and flight rates in comparison to other offers received. An offer is materially unbalanced when it is based on prices significantly less than or significantly higher in relation to previous prices, comparison to other competitive proposals and published rates for similar work.

D10 Proposal Analysis and Contractor Selections

The Government will select the Contractor(s) based on fair and reasonable priced proposals meeting or exceeding the acceptability standards for non-cost factors.

D11 Notice of Award

The Government intends to award multiple contracts as a result of this solicitation. The Government will provide the successful Contractors with written notice of award, either by mail or other means, upon selection. This notice will result in a binding contract without further action by either party.

D12 Inquiries Regarding the Solicitation Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation shall be submitted in writing via e-mail to Valerie_flynn@ibc.doi.gov.

The requests will be in the following format:

RFP 140D8120R0004, Section: ____, Page: ____, Paragraph: _____. Question: ______________________?