77344421R0001-000001.pdf
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- International Legal Support Services
- Solicitation number
- 77344421R0001
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This document summarizes a solicitation for international legal support services. The U.S. International Development Finance Corporation requires non-personal legal services in four categories to support its Office of General Counsel, including for international finance transactions, privately managed investment funds, cross-border equity purchases, and political risk insurance. Services will assist transactions in developing countries worldwide in infrastructure, power, agriculture, logistics, finance, and small business. The agency intends to award multiple Indefinite Delivery/Indefinite Quantity contracts up to $50 million over five years beginning August 2021 to support transactions. Proposals will be evaluated using past performance, technical, and price factors, with past performance and technical significantly more important than price. A small business set-aside reserves one award. The two-phase evaluation includes an advisory down-select after phase one to minimize costs for unlikely awardees. Final phase two instructions and a question opportunity will be provided with advisory notifications.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE
DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
NSN 7540-01-152-8070
Previous edition unusable
77344421R0001000001
Summary of Changes
Header Information
Close Date is changed from 16-APR-21 14:00:00 to 23-APR-21 14:00:00.
Section L - Instructions, Conditions and Notices to Offerors
The following clauses are modified:
Clauses incorporated by full text
Instructions, conditions, and notices to offerors or respondents
SECTION L
INSTRUCTIONS, CONDITIONS, AND NOTIFICATIONS TO OFFERORS
NOTE: Offerors shall only submit Phase 1 Proposals – Volume I – Administrative, and Volume II – Past Performance in response to this announcement.
Summary instructions for Phase 2 Proposals, Volume III- Technical, and Volume IV - Price, are included for information and planning purposes only. These are draft instructions and subject to change. Instructions for Phase 2 will be provided at the end of Phase 1.
Proposal Process:
The Government will be conducting a two-phased solicitation and evaluation:
Phase 1: Administrative and Factor 1 - Past Performance
Phase 2: Factor 2 - Technical and Factor 3 - Price.
The Government will evaluate Phase 1 proposals and issue Advisory Down-Selection Notifications to all offerors. The notification will provide the offeror their Factor 1- Past Performance rating and feedback on their overall chance of award.
Highly rated Offerors will be advised to proceed to Phase 2. Offerors who are not among the most highly rated will be advised that they are unlikely to be viable competitors. The notification will provide the general basis for the Government's recommendation.
The intent of the advisory notice is to minimize the cost, time, and effort in developing Phase 2 submissions for those Offerors with little to no chance of receiving an award. However, it does not restrict an offeror with a negative notification from continuing to participate in the solicitation. All offerors, regardless of the recommendations of the notification, may proceed to Phase 2.
Notifications will be sent via e-mail to the point of contact identified in the Offeror's proposal.
The notifications will include Phase 2 instructions for proposal submission. Offerors who choose to proceed, shall submit Phase 2 proposals according to the instructions. Phase 2 will consist of oral presentations and written submissions. Phase 2 will also require the offeror to quote on a sample task order to assist in price reasonableness. It is the Government's intent to award this task order as the IDIQ minimum order for all IDIQ awardees.
The Government anticipates requiring Phase 2 proposal submissions 21 calendar days after issuance of Down-Selection Notifications.
Questions:
The instructions included in this RFP for Phase 2 are subject to change. Final instructions will be provided with the Advisory Down-Selection Notifications. Therefore, specific questions about Phase 2 instructions and submissions will not be entertained at this time. Offerors who participate in Phase 2 will have an opportunity to ask questions regarding Phase 2 submissions.
Submit all other questions via e-mail to solicitation@dfc.gov. The deadline for questions is 2:00pm EST,on April 7, 2021.
Phase 1 questions will be not entertained after this date. Offerors shall submit all questions in one email. Telephonic inquiries will not be entertained. Offerors are responsible for confirming receipt of questions. Phase 1 questions will be answered at a post-solicitation industry day conducted via teleconference. All interested parties who submit a question will receive instructions to participate in industry day. Answers to vendor questions will alsobe posted to beta.SAM.gov.
Proposal Instructions:
The deadline for submission ofPhase 1 proposals is no later than the offer due date/local time listed in Block 8 on page one of the SF1449. Local Time is Eastern Standard Time. Proposals will only be accepted via email to solicitation@dfc.gov. Offers submitted by any other method will not be accepted. Proposals received after the offer due date/local time will be late and will not be considered for award.
Files larger than 20MB may need to be transmitted in separate emails. All emails, regardless of size, need to be received by the Government server, by the stated submission deadline. It is the responsibility of the offeror to ensure receipt of all documents by the deadline given. The Government will not be responsible for any failure of transmission or receipt of the proposal, or any failure of the Offeror to verify receipt of the emailed proposal.
All volumes shall be named with the Volume # and Offeror's name. Submissions that do not adhere to format and content requirements may be considered non-responsive. The Government reserves the right to eliminate any such proposals from consideration for award.
The proposal should not simply rephrase, restate or merely parrot back the contractual requirements, but rather must provide convincing documentary evidence in support of any statements relating to promised performance. Offerors shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their operations and experience, and will base its evaluation only on the information presented in the offeror's proposal.
Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and will be included in page count. Page limitations in the Volume Sections listed below are maximums. Pages submitted beyond the maximum will not be evaluated. All proposals shall be single spaced in font no smaller that Times New Roman 12. No links to other resources or websites should be included, and there will be no expectation that the government will review any documents beyond the requested submission.
If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer (CO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this contract(s) based on the initial proposal, as received, without discussions.
Phase 1 proposals shall be prepared in two (2) separate volumes in pdf format as follows:
Volume I – ADMINISTRATIVE
Volume II – Factor 1 - PAST PERFORMANCE
VOLUME I – ADMINISTRATIVE: The Offeror shall submit Sections 1 through 5 as listed below. Note: Offerors are not required to propose all four categories but shall quote a minimum of two unless they propose to perform Category 4. Offerors proposing only Category 4; Political Risk Insurance may submit a proposal.
Volume 1 - Administrative
Section # Contents Page Limit mailto:solicitation@dfc.gov
1 Offeror Name 1 page
Physical Address
DUNS number
CAGE code
Point of contact with phone number and email address
Small Business Program designations (if applicable)
System for Award Management (SAM) Statement: the Offeror has an active registration with NAICS Code 541110.
List of ILSS categories proposed
2 Signed RFP: SF1449, page 1 1 page
3 Signed Amendments: SF1449, page 1 of any amendments to the RFP 1 page per amendment
4 Confirmation statement that the Offeror is qualified to issue legal opinions in the state of New York and that the Offeror's management will agree to be a prime contractor representing the United States.
1 page
5 Quality Control Plan - Offerors may submit in the format of their preference.
5 pages
6 Small Business Subcontracting Plan - Offerors may submit in the format of their preference, but may use the outline at Attachment 3 for reference.
10 pages
VOLUME II – FACTOR 1: PAST PERFORMANCE:
Offerors shall submit past performance information for direct legal services in the public and/or private sector within five years from the release date of this RFP. If an Offeror is proposing a teaming arrangement, only one of the transactions in Sections 1 and 2 shall have been performed by the teaming partner. The Offeror shall have performed as the prime contractor providing services. Services shall not have been performed by a subsidiary or sister company.
The contracts and or engagements shall be relevant; the same or similar to the services described in the PWS and have similar magnitude and scope. Relevancy includes service similarity, complexity, contract/engagement type, contract/engagement dollar value/size, and program phase. The past performance submissions shall specifically address international transactions in emerging markets.
Section 1: International Transaction List – list no fewer than three (3),but no more than five (5), transactions in emerging markets in each ILSS category the offeror proposes to perform. Only one of the transactions may be for services performed by the proposed teaming partner. The list shall note which, if any, transactions were performed on behalf of a Development Finance Institution. Limit: 2 pages in the following format:
1. Relevant ILSS category
2. Performance start and end date, Month and Year
3. Project Name
4. Sector
5. Region of Project
6. Approximate Project Value
Section 2: International Transaction Descriptions: describe no fewer than two (2), but no more than three (3), of the transactions listed in Section 1 for each ILSS category. Only one of the descriptions may be for services performed by the proposed teaming partner. Offerors shall submit the descriptions on Attachment 4: Transaction Description Form. Limit:1 form per description. Descriptions shall include the following:
1. Project Name
2. Value of the underlying transaction on which the offeror advised (may be approximate).
3. Government Agency or Commercial Entity Name for which services were performed,
4. Contract number if applicable
5. Narrative detailing the services the prime Offeror was engaged to perform, how the Offeror performed the services, how services are relevant the tasks described in the PWS.
6. Name, title, email address, and telephone number of a reference at the Government Agency or Commercial
Entity.
The Government will evaluate Volume I proposals for responsiveness. The Government will evaluate Volume II Factor 1 – Past Performance as described in Section M. At the conclusion of the Phase 1 evaluation, the Government will provide an Advisory Notification on Factor 1 – Past Performance evaluation results and the Government's recommendation on offeror's success should it continue in the solicitation process.
Phase 2 Proposal Sample Instructions: the following instructions are for information purposes only. Volumes III and IV shall not be included in the initial RFP response. Only Offerors who choose to participate in the second phase after receipt of an Advisory Notification shall submit the Volumes III and IV. Specific instructions will be included in the Advisory Down-Selection Notification. These instructions are subject to change.
Phase 2 proposals shall be prepared in two (2) separate volumes:
Volume III – Technical
Volume IV – Price
VOLUME III – TECHNICAL: Phase 2 requires an oral presentation and written submission. Specific instructions for the oral presentation format, content, and schedule will be provided in the Advisory Down-Selection Notifications.
Section 1: Capability Description Oral Presentation.
The Quoter's oral presentation shall provide the Government an understanding of the Offeror's understanding of and ability to perform the proposed ILSS categories.
a. Technical Capabilities: ILSS categories, sectors, and regions in which the offeror proposes to perform services.
Specific expertise and unique qualifications to perform required services.
b. Attorney Capability: expertise of the Offeror's lead partners, relationship partners, and project attorneys, and composition of DFC project teams.
c. Foreign Local Counsel Engagement: Offeror's process to identify and engage local counsel for transaction support, foreign countries in which the Offeror is qualified to issue legal opinions, alliances or strategic relationships with local counsel, and local counsel engaged in major markets within the last three years.
d. Conflict Confirmation System: how the Offeror will identify potential conflicting engagements.
Section 2: Capability Description Written Submission.
a. By-Name Attorney List – names of attorneys directly employed by the prime contractor that the Offeror proposes to perform each ILSS Category. (Limit: 1 page)
b. Attorney Resumes – for each attorney on the by-name list that describes their specific experience in each service categories proposed as well as their regions and sectors of expertise. (Limit: 1 page per resume).
c. Confirmation statement that, subject to check of counterparties at the time of each task order, the Offeror's representation of DFC would not raise a conflict of interest. (Limit: 1 page)
VOLUME IV – PRICING:
In accordance with FAR 15.403-3, and clause 52.215-20, Alternate 1, Offerors shall provide the following to support the Government's determination of price fair and reasonableness.
Section 1 – Cost and Price Matrix: The Offeror shall submit proposed fully burdened ceiling hourly rates with direct and indirect cost components listed separately, based on the attorneys listed in the "By-Name Attorney List" submitted in Volume II, Section 2a, for all labor categories identified in Attachment 1; Cost and Price Matrix and described in Paragraph C.4. The Matrix shall be submitted in Microsoft Excel format with all formulas intact. Offerors shall not add additional rows or columns to the matrix, or change or add labor categories or cost elements, and shall provide the information in the cells as required in the instructions on the Matrix.
Section 2 – Cost and Price Narrative: The Offeror shall submit a narrative that describes the reasonableness of its cost elements and escalation rates. The Offeror shall describe the items included in each cost element and describes how the offered rates are the best value to the Government. Indicate how you have computed and applied your indirect costs. Explain trends and budgetary data to provide a basis for evaluating the reasonableness of proposed rates. Indicate the rates used and provide an appropriate explanation. The Offeror shall describe any discounts included in the proposed prices and any cost-saving measures used to offer DFC the best possible price for services. Include a statement that the Offeror agrees to hold the offered prices firm for 180 calendar days after the proposal closing date.
(Limit: 3 pages). Offerors may attach copies of audits or Forward Pricing Rate Agreements to their narrative. These attachments are not included in the page limit.
Section 3 – Task Order Quote: The Offeror shall submit a quote for legal research inquiries in response to the RTOQ provided with the Advisory Down-Selection Notification. Legal research services are questions related to DFC ILSS tasks not awarded on a task order. Inquiries sent to IDIQ awardees will be limited to the ILSS categories, sectors or regions in their CSQs. The effort required to respond to the inquiries is generally less than two hours per inquiry. A sample RTOQ with examples of anticipated inquiries and a price matrix for quotes will be provided with the Advisory Down-Selection Notification.
(End of Section L)
Section M - Evaluation Factors for Award
The following clauses are modified:
Clauses incorporated by full text
Evaluation factors for award
SECTION M
EVALUATION FACTORS FOR AWARD
M1. BEST VALUE EVALUATION
Award will be made to the Offeror(s): whose proposal conforms to the solicitation requirements; who is determined responsible in accordance with FAR Subpart 9 ; and whose proposal is judged, by an integrated assessment of price/cost and non-price evaluation factors, to provide the best value to the Government using procedures consistent with FAR 15. The best value process allows the Government to award an IDIQ to other than the lowest priced proposal. Evaluators will consider the breadth and depth of the Offeror's capability to perform the service categories proposed. For purposes of this solicitation, breadth is defined as the extent to which the Offeror's experience and capabilities qualify them to perform all of service categories proposed. Depth is defined as the Offer's specific experience and capabilities to perform the service categories proposed in a specific region or project sector contained in the PWS supporting international transactions on behalf of a Development Finance Institution. For this requirement the best value basis will be determined by the Highest Technically Rated Offerors with a Fair and Reasonable Price.
The best value determination will take into consideration the results of both Phases of the evaluation process. While all offerors are allowed to participate in Phase 2 of the evaluation process regardless of the Phase 1 Advisory Notifications, the ratings provided for Factor 1 past performance submissions will be included in the overall best value award decision.
The Government intends to award multiple contracts in response to the solicitation. The Government reserves the right not to award a contract depending on the quality of the proposals submitted.
Evaluation of Proposals. The Government intends to conduct the evaluation and selection process in two (2) Phases:
Phase 1 - Advisory. Factor 1: Past Performance will be evaluated in this Phase. Each Offeror will receive an Advisory Down- Selection Notification. The Advisory Notification will inform the Offeror of:
(i) the basis of the Government advisory notification; and
(ii) either that it is recommended to participate in Phase 2, or based on the information submitted, that it is not recommended/unlikely to be a viable competitor with the basis for that opinion.
The intent of this distinction is to minimize proposal development for those vendors with little or no chance of receiving an award. However, notwithstanding the advice provided by the Government in response to their Phase 1 submissions, all respondents may participate in Phase 2.
Participation in Phase 1 is a mandatory part of this acquisition. Failure to participate in Phase 1 will preclude further consideration of the Offeror's proposal. Offerors deemed non-responsive in Phase 1, will not have an opportunity to participate in Phase 2. For those Offerors that are rated most highly and advised to proceed to Phase 2 of the proposal submission process, the Contracting Officer will include the Phase 2 submission instructions on the advisory notification. Offerors will not have an opportunity to submit revised Phase 1 submissions with Phase 2 submissions.
Note: The Advisory Down-Selection Notification is the only notification the Government will provide from Phase 1, no elimination of responsive offers will be made; there will be no opportunity for debriefings at the end of Phase 1.
Phase 2 –Factor 2: Technical and Factor 3: Price will be evaluated in this Phase and the Government will make overall best value determinations. Results of Phase 1 will be carried over to Phase 2 for the final evaluation of proposals. Phase 2 submissions shall not merely refer evaluators to Phase 1 submissions and shall contain all information required in Section L.
Proposals will be evaluated in accordance with the stated evaluation factors. The Government reserves the right to make an award without discussions based solely upon initial Phase 1 and Phase 2 proposals. Therefore, offerors should ensure that their initial proposal constitutes their best offer in terms of both price and the technical solution being proposed.
If award is not made upon initial proposals after evaluating all Phase 2 submissions, the Contracting Officer will establish a competitive range. Only those offerors in the competitive range will be offered an opportunity to participate in further discussions.
Discussions/Final Proposal Revisions (FPR). If the Contracting Officer conducts discussions, it will engage with all offerors in the competitive range in accordance with FAR 15.306. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number of submissions that will permit an efficient competition among the most highly-rated proposals. At the conclusion of discussions, Offerors within the competitive range will have the opportunity to revise their proposals in response to the Government's review. A final common cut-off date for submission of final proposal revisions will be established. Those offerors remaining in the competitive range will be notified to submit Final Proposal Revisions.
Final Evaluation of Offers. A final proposal evaluation will be performed IAW FAR Part 15 Negotiation procedures after receipt of Final Proposal Revisions.
M.2 Evaluation Criteria
In determining which proposals provide the best value to the Government, the non-price evaluation factors of Past Performance and Technical are of equal importance. Past Performance and Technical factors, when combined, are significantly more important than Price. Based upon the results of the integrated assessment of the Past Performance, Technical and Price proposals, the Government may make awards to the Highest Technically Rated Offerors with a Fair and Reasonable Price as referenced in section M.3, Basis of Award.
M.3. BASIS FOR CONTRACT AWARD
(a) The Government will establish a multiple award IDIQ contract resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
Within the best value continuum, FAR 15.101 defines best value as using any one or combination of source selection approaches. For this requirement the best value basis will be determined by the Highest Technically Rated Offerors with a Fair and Reasonable Price. In accordance with FAR 15.304, Past Performance and Technical, when combined, are significantly more important than Price. This allows the Government to issue awards to other than the lowest-price offerors.
Corporate and Attorney Capabilities described in Volume III, Technical, will be included the IDIQ Awardees' Contractor Specific Qualifications (CSQs) reviewed by the CO and DFC team members during the Ordering Process in Section H.1.1
(b) This solicitation includes a reserve for small business. The relevant NAICS is 541110 - Offices of Lawyers. The Government reserves one contract award to small business registered in SAM with this NAICS code. Offerors receiving an "Unacceptable or "No Confidence" rating for Technical or Past Performance respectively, shall not be considered for award.
(c) The Government intends to make multiple contract awards under this solicitation. A manageable number of awards will be made to ensure adequate competition at the task order level and to allow for the small business reserves outlined above.
M.4 EVALUATION FACTORS
The evaluation criteria represent key areas of importance to be considered in the source selection decision. The following will be used to support meaningful comparison and discrimination between and among competing proposals.
The following factors shall be used to evaluate offers:
(1) Past Performance
(2) Technical
(3) Price
The Government will evaluate past performance, technical, and price as follows:
FACTOR 1; PAST PERFORMANCE:
The Past Performance evaluation will assess an Offeror's likelihood of success in performing the solicitation requirements as indicated by its record of past performance. The Government will evaluate the extent to which the past performance record encompasses the requirements in the statement of work.
The Government will evaluate past performance based on the relevance and quality of the Offeror's past performance as it relates to the probability of successfully accomplishing the solicitation requirements. This will result in an overall confidence rating. When assessing past performance relevancy and quality level, the Government will focus its inquiry on the past performance of the Offeror and its proposed team members as it relates to all solicitation requirements. Past Performance assessment will include all aspects of performance including the Offeror's record of:
1) Quality of service;
2) Adherence to contract/engagement schedules or deadlines;
3) Ability to resolve technical and management problems quickly and effectively; and
4) Ability to respond quickly to changes to contract/engagement requirements
Offerors are cautioned that in conducting the evaluation, the Government reserves the right to obtain information using information sources not provided by the offeror. Examples of this may include the Federal Awardee Performance and Integrity Information System (FAPIIS), the Contractor Performance Assessment Rating System (CPARS), or other databases for evaluation and reserves the right to contact independent sources not provided by the offeror. It is incumbent upon the Offeror to prove relevancy and a high quality level in past performance.
In accordance with FAR 15.305(2)(iv), Offerors with no recent or relevant past performance will result in assignment of a neutral rating, indicating neither a favorable nor unfavorable evaluation rating. The Government reserves the right to favor positive past performance ratings.
FACTOR 2; TECHNICAL: The Government will use the Offeror's oral presentations and written submissions to evaluate the extent to which the Offeror has demonstrated it possesses the expertise, qualifications, and experience performing services of the same or similar nature as the PWS.
The technical capability factor is comprised of the following subfactors that when combined are equal in importance and will result in the overall technical rating of the proposal. Offerors shall NOT simply rephrase or restate the Government's objectives, but rather provide convincing rationale to address how the Offeror intends to meet the objectives in the PWS. If an Offeror merely rephrases or restates the PWS, their technical capability will receive an unacceptable rating.
Subfactor 1.1 – Corporate Capability: Offeror has the corporate capability to perform the requirements of the service categories for which they proposed in accordance with the PWS including the ability retain local counsel for transaction support. Offeror possesses the necessary capabilities in the regions and sectors in which they propose to perform services.
Subfactor 1.2 – Attorney Experience: Offeror has the necessary staff with the required qualifications and experience to perform the requirements of the service categories for which they proposed.
FACTOR 3: PRICE:
Price analysis will be used to evaluate the proposed ceiling hourly rates and price narratives for reasonableness in accordance with FAR Part 15 to ensure a fair and reasonable price. Price will not receive an adjectival rating. Annual escalation rates will be evaluated to determine balanced pricing for all potential periods of performance in task order awards.
For the purposes of evaluation, the Government provided the estimated quantity of hours per year for each labor category in Attachment 1 to estimate an annual price per category and total per year.
As stated above, Past Performance and Technical, when combined, will be significantly more important than Price. However, an Offeror whose proposed prices are determined not to be fair and reasonable will not be awarded a contract regardless of the Government's evaluation of the non-price factors of the Offeror's proposal.
Options: Contemplated award is a 5-year ordering period with no options. Option periods may be included at the task order level.
The Government reserves the right to make an award without discussions based solely upon initial proposals based solely upon initial proposals. Clarifications and communication exchanges may be conducted after receipt of proposals for the reasons identified in FAR 15.306(a) and (b). These do not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. Therefore, offerors shall ensure that their initial proposal constitutes their best offer in terms of both price and the technical solution being proposed.
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| Text1: AMENDMENT CONTROL NUMBER : |
| AMENDMENT_DESCRIPTION: The purpose of this amendment is to: |
1) Change the deadline for questions to April 7, 2021 at 2:00pm EST
2) Change the Phase 1 offer due date to April 23, 2021 at 2:00pm EST.
| Text134: SUMMARY OF CHANGES : |
| SOL_DOCUMENT_NUMBER: 77344421R0001 |
| OPEN_BIDDING_DATE: 2021-03-26T07:43:52.000-04:00 |
| Text2: Same As Issuing Office |
| SOL_OPEN_BID_DATE: 2021-03-26T07:43:52.000-04:00 |
| AMD_ISSUING_OFFICE_LADDR: |
| AMD_ISSUING_OFFICE_LOCCODE: |
| DOCUMENT_NUMBER: 77344421R0001000001 |
| HDR_DOCUMENT_NUMBER: 77344421R0001 |
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