SF-30 Amendment 0009.pdf

(x)

86544A19R00003 x x

1 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 ACKNOWLEDGEMENT 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 you 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.

x

ATLANTA GA 30303-2806

14TH FLOOR

HUD-NFSA

40 MARIETTA STREET

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

US DEPARTMENT OF HUD

04/27/20200009

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/17/2019

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

3.9 Asset Management Amendment 0009

Inv Approver/COR: FOBBS, MELISSA Inv Approver/COR

Backup1: WASHINGTON, SHARON

See Summary of Changes on pages 2-16, the attached conformed copy of the solicitation ,and attachments A1-A17.

ALL OFFERORS THAT PREVIOUSLY SUBMITTED A PROPOSAL MUST SUBMIT A NEW ONE. THIS AMENDMENT

ALSO OPENS UP THIS SOLICITATION TO ANY NEW OFFERORS INTERESTED IN PROPOSING, THAT MEET THE

CRITERIA STATED IN THE SOLICITATION. All offerors are encouraged to read the solicitation and attachments in its entirety before submitting a proposal.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

SHARON L. WASHINGTON

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

RFP 86544A19R00003 Amend. 0009

RFP 86544A19R00003

3.9 ASSET MANAGEMENT SERVICES

AMENDMENT 0009

SUMMARY OF CHANGES

COVER PAGE

Closing Date changed to May 27, 2020 at 2:00pm EST

Contracting Officer changed to Sharon L. Washington

** ALL OFFERORS THAT PREVIOUSLY SUBMITTED A PROPOSAL MUST SUBMIT

A NEW ONE. THIS AMENDMENT ALSO OPENS UP THIS SOLICITATION TO ANY

NEW OFFERORS INTERESTED IN PROPOSING, THAT MEET THE CRITERIA

STATED IN THE SOLICITATION. All offerors are encouraged to read the solicitation and attachments in its entirety before submitting a proposal**

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.2 SERVICES – Pg.3 Changed all areas (1D, 2D, 4D/5D, 3S/5S, 4S/6S, 1P/4P, 3P, 5P, 3A/4A, 5A/8A, and 6A/7A) to be 100% total small business set-asides.

Pass-Through Expenses - Pg.5 Appraisal Fee for areas 2D and 4D changed from $450 to $400.

SECTION C - PERFORMANCE WORK STATEMENT

1.2 BACKGROUND

Pg.14 changed sentence from: “This competition will be for eighteen areas 1D, 2D, 4D, 5D, 3S, 5S, 4S,6S, 1P, 4P, 3P, 5P, 3A, 4A, 5A, 8A, 6A and 7A”.

Changed to: “This competition will be for eighteen areas that will result in eleven awards: 1D, 2D, 4D/5D, 3S/5S, 4S/6S, 1P/4P, 3P, 5P, 3A/4A, 5A/8A, and 6A/7A”.

1.3.9 ANNUAL AUDITED FINANCIAL STATEMENT REQUIRED

Pg.22 changed sentence from: “No later than ninety (90) calendar days after the Contractor’s fiscal year ends, the Contractor shall promptly furnish the Contracting Officer with audited, year-end financial statements…”

Changed to: “No later than ninety (90) calendar days after the Contractor’s fiscal year ends, the Contractor shall promptly furnish the Contracting Officer and Contracting Officer Representative (COR)with audited, year-end financial statements…”

1.3.16 INITIAL LIST PRICE

Pg.25 changed sentence from:” The Contractor shall establish and record in P260 an initial list price based on a combination of at least two valuation tools (i.e. appraisal, BPO, AVM, etc.)”

Changed to: “The Contractor shall establish and record in P260 an initial list price based on one or more tools (i.e.

appraisal, third party BPO, listing agent BPO, AVM, etc.)”

Added sentence at the end of the paragraph “If an appraisal is obtained, the initial list price must be no less than the appraised value”.

1.13.2 RAMP-UP (DAY 31 THROUGH DAY 106)

Pg.62 changed sentence from: “It will run from the 31st calendar day of the effective date of the contract through the 106th day and will not exceed the timeframes established herein or as set forth by the Contracting Officer.”

Changed to: “It will run from the 31st calendar day of the effective date of the contract through no sooner than day 60, but no later than the 106th day and will not exceed the timeframes established herein or as set forth by the Contracting Officer.”

Removed F.3 PERIOD OF PERFORMANCE chart:

Option No: Period:

Option Period 1: 12 months June 1, 2020 through May 31, 2021

Option Period 2: 12 months June 1, 2021 through May 31, 2022 Option Period 3: 12 months June 1, 2022 through May 31, 2023

Option Period 4: 12 months June 1, 2023 through May 31, 2024

Option to Extend Services under FAR Clause 52.217-8, 1-6 Months

G.3 INVOICING PROCEDURES

Pg.96 Appraisal Fee for areas 2D and 4D changed from $450 to $400.

Pg.118 added the following sentence to Section H.9 3

“See section L.1 HUDAR 2452.209-70(b) Potential Organizational Conflicts of Interest.”

2452.216-76 MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER.

(DEC 2012)

Pg.138-139 Changed From:

Contract Area: 1D Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $74,000,000

Contract Area: 2D Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $95,000,000

Contract Area: 4D/5D Guaranteed Minimum Amount: $1,000,000 Maximum Amount: 77,000,000

Contract Area: 1P/4P Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $ 132,000,000

Contract Area: 3P Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $155,000,000

Contract Area: 5P Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $143,000,000

Contract Area: 3S/5S Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $56,000,000

Contract Area: 4S/6S Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $53,000,000

Contract Area: 3A/4A Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $120,000,000

Contract Area: 5A/8A

Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $130,000,000

Contract Area: 6A/7A Guaranteed Minimum Amount: $1,000,000 Maximum Amount: $125,000,000

Changed to:

Contract Area: 1D

Guaranteed Minimum Amount: $750,000

Maximum Amount: $69,000,000

Contract Area: 2D

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $89,000,000

Contract Area: 4D/5D

Guaranteed Minimum Amount: $750,000

Maximum Amount: 72,000,000

Contract Area: 1P/4P

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $ 118,000,000

Contract Area: 3P

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $141,000,000

Contract Area: 5P

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $126,000,000

Contract Area: 3S/5S

Guaranteed Minimum Amount: $500,000

Maximum Amount: $45,000,000

Contract Area: 4S/6S

Guaranteed Minimum Amount: $500,000

Maximum Amount: $39,000,000

Contract Area: 3A/4A

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $85,000,000

Contract Area: 5A/8A

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $91,000,000

Contract Area: 6A/7A

Guaranteed Minimum Amount: $1,000,000

Maximum Amount: $89,000,000

H.2 OPTION TO INCREASE/DECREASE THE GEOGRAPHIC SERVICE AREA

Pg.101

Changed from: The Government intends to utilize this clause as mechanism to incentivize a high level of performance by rewarding the most highly performing contractors with an opportunity to expand their geographic service area and provide a disincentive for non-performance of contract requirements by reducing the geographic service area of contractors who fail to meet contract expectations.

Changed to: The Government intends to utilize this clause as a mechanism to incentivize a high level of performance by rewarding the satisfactory performing contractors with an opportunity to expand their geographic service area and provide a disincentive for non-performance of contract requirements by reducing the geographic service area of contractors who fail to meet contract expectations. While performance shall be the primary reason for utilization of this clause, other examples which might give rise to such a determination include insufficient contract funding or available ceiling. The Government will not be limited to the specified examples provided, and reserves the right to realign for any reason, not only the reasons listed or similar reasons. Under such circumstances, the Government could either invite one or more contractors to assume responsibility for the performance of increased geographic scope activities in accordance with the terms and conditions of a then existing contract for similar services in another area, or the Government could elect to allow two or more contractors for similar services to submit contract modification proposals for the provisions of such services upon such terms and conditions as are mutually agreeable to the parties, either outcome to be effected through a resulting bilateral modification to this contract.

Pg.137 section 2452.209-71 LIMITATION ON FUTURE CONTRACTS added “Additional potential conflict of interests listed in H.9 Potential Conflict of Interest and section L.1 HUDAR 2452.209- 70(b) Potential Organizational Conflicts of Interest” to the last sentence.

Pg. 156 Added the following statement at the end of paragraph L.1 section b:

“All pre-conveyance activities performed directly or indirectly on behalf of the mortgagee in performing activities pertaining to Claims Without Conveyance of Title(CWCOT) delineated in 12 U.S.C. §1710(a)(1)(C), 24 CFR §203.371 and HUD Handbook 4000.1 are deemed to not be a conflict of intertest (COI) for purposes of this Asset Manager(AM) contract”.

L.3 52.233-2 SERVICE OF PROTEST. (SEP 2006)

Pg.157 – Changed name to Sharon L. Washington and added her email address.

L.4 HUDAR 2452.233-70 REVIEW OF CONTRACTING OFFICER PROTEST

DECISIONS. (FEB 2006)

Pg.157 – added sentence “The protestor must submit a written request for an appeal to be emailed to Ronald C. Flom at

Ronald.C.Flom@hud.gov, Chief Procurement Officer”.

L.6 INSTRUCTIONS TO OFFERORS

Pg. 159 Changed to

The government will not accept FAX or mailed copies of your proposal: Offerors must email their proposals to

Tyshanah.S.Holloway@hud.gov.

Due to HUD's email limitations, the email and attachments may not be larger than 60 megabytes”. If applicable, you may need to submit your proposal in more than one email. To verify your response please request a Request for Delivery receipt.

Please include the title 3.9 ASSET MANAGEMENT SOLICITATION-

86544A19R00003 Amendment 0009 in the subject line of the email.

Offerors must submit Volume I, Volume II, and Price as separate attachments.

Prior to evaluation, all proposals received will be subjected to an initial conformance review conducted by the Contracting

Officer to determine whether the proposals are complete in accordance with Section L of the solicitation, thereby warranting further consideration. Offerors are cautioned that failure to comply with the terms and conditions of the RFP may cause their proposal to be determined to be non-conforming, which may result in the proposal being removed from the competition without further consideration.

Vendors are advised that hand-carried proposals will not be accepted.

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J- LIST OF ATTACHMENTS (Pg.142)

Attachment A15 - 3.9 AM Pricing Spreadsheet (Revised)

Attachment A17 Historical Data (Revised)

L.7 LIMITATION ON NUMBER OF CONTRACT AWARDS WITHIN HOC

JURISDICTION

Pg.161 Priority of Awards chart changed from:

Santa Ana HOC Phil HOC Denver HOC Atlanta HOC

1. 3S/5S 1P/4P 1D 3A/4A

2. 4S/6S 3P 4D/5D 5A/8A

3. 5P 2D 6A/7A

Changed to:

Priority of Awards

HOC

Maximum No. of Awards an Offeror can receive within a HOC *

Priority Order of Awards*

Philadelphia 2

1. 1P/4P

2. 3P

3. 5P

Denver 2

1. 1D

2. 4D/5D

3. 2D

Atlanta 2

1. 3A/4A

2. 5A/8A

3. 6A/7A

Santa Ana 1

1. 3S/5S

2. 4S/6S

Pg.162 Set Aside Information Changed from:

100% Small Business Set-Asides:

3A/4A- Illinois, Indiana, Kentucky 5A/8A- North Carolina, South Carolina, Florida, Puerto Rico, Virgin Islands 6A/7A- Tennessee, Alabama, Mississippi, Georgia 1P/4P- Michigan, Ohio 3P- Maine, Vermont, New York, New Hampshire, Rhode Island, New Jersey, Massachusetts and Connecticut 5P- Pennsylvania, Virginia, West Virginia, Delaware, Maryland and District of Columbia 1D- New Mexico, North Texas, Colorado, Utah

4D/5D- Wisconsin, Iowa, Nebraska and South Dakota, North Dakota, Wyoming, Montana and Minnesota 3S/5S- Arizona, California, Hawaii and Guam 4S/6S– Nevada and Idaho, Alaska, Washington and Oregon Unrestricted 2D - Kansas, Oklahoma, Arkansas, Louisiana, Missouri and South

Texas

Changed to:

100% Small Business Set-Asides:

3A/4A- Illinois, Indiana, Kentucky

5A/8A- North Carolina, South Carolina, Florida, Puerto Rico, Virgin

Islands

6A/7A- Tennessee, Alabama, Mississippi, Georgia

1P/4P- Michigan, Ohio

3P- Maine, Vermont, New York, New Hampshire, Rhode Island, New Jersey, Massachusetts and Connecticut

5P- Pennsylvania, Virginia, West Virginia, Delaware, Maryland and

District of Columbia

1D- New Mexico, North Texas, Colorado, Utah

2D - Kansas, Oklahoma, Arkansas, Louisiana, Missouri and South Texas

4D/5D- Wisconsin, Iowa, Nebraska and South Dakota, North Dakota, Wyoming, Montana and Minnesota

3S/5S- Arizona, California, Hawaii and Guam

4S/6S– Nevada and Idaho, Alaska, Washington and Oregon

VOLUME II PAST PERFORMANCE

Pg. 168 changed paragraph from:

The following numbers of monthly property inventory will be used to evaluate the magnitude portion of relevancy for each identified reference in an Offeror’s Volume II of its proposal.

Offerors shall provide the information for each reference in monthly average over the life of the reference.

Changed to:

The following numbers reflect the monthly inventory (which includes new inventory assigned during that month as well as inventory carried over from previous months) that will be used to evaluate the magnitude portion of relevancy for each identified reference in an Offeror’s Volume II of its proposal.

Offerors shall provide the information for each reference in monthly average over the life of the reference.

Pg.169 Relevancy Chart Changed to:

Area

Number of Properties

Very Relevant Number of Properties

Relevant

Number of Properties

Somewhat Relevant

Number of Properties

Not relevant

3A/4A >897 604-897 302-603 <302

5A/8A >1,037 749-1,037 374-748 <374

6A/7A >806 688-806 344-687 <344

4D/5D >503 242-503 121-241 <121

1D >542 378-542 189-377 <189

2D >1,309 965-1,309 482-964 <482

1P/4P >639 467-639 233-466 <233

3P >1,463 950-1,463 475-949 <475

5P >1,169 895-1,169 447-894 <447

3S/5S >285 216-285 108-216 <108

4S/6S >246 219-246 109-219 <109

L.9 QUESTIONS

Pg.172 Question Due Date Changed to:

May 5, 2020 at 2:00pm EST

Pg. 172 Title Changed from:

3.9 ASSET MANAGER SOLICITATION- 86544A19R00003 Amendment 00009

Changed to: 3.9 ASSET MANAGEMENT SOLICITATION- 86544A19R00003

Amendment 0009

L.1 HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF

INTEREST (FEB 2000)

Pg.155-158 Revised Clause from:

L.1 HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF

INTEREST

(FEB 2000)

(a) The Contracting Officer has determined that the proposed contract contains a potential organizational conflict of interest. Offerors are directed to FAR Subpart 9.5 for detailed information concerning organizational conflicts of interest.

(b) The nature of the potential conflict of interest is any firm who provides Asset Management (AM) services for HUD cannot provide Field Service Management (FSM services for any area in the cognizant Homeownership Center. Additionally, contractors currently performing Lead Based Paint Abatement, Mortgagee Compliance Management (MCM), Oversight Monitor (OM), Best Execution or pre-conveyance of HUD REO inventory also have a potential conflict of interest, in accordance with the terms identified in the PWS. Pre-conveyance activities are stipulated as all work performed for a HUD REO property or its designee prior to HUD accepting conveyance of a property (i.e. property being assigned to the FSM contractor or successor contractor).

The prime contractor(awardee), subcontractors, team partners, and their subsidiaries, affiliates and any entity that they exercise significant influence cannot be involved in preconveyance activities. Preconveyance activities include but are not limited to originating or servicing the FHA note and /or mortgage associated with the REO property, serving as an MCM, BSP/P260 contractor, appraiser, auction services, CWCOT contractor, inspector, valuation services, P&P services for the mortgagee or its designee etc., in the M&M Area under the cognizant HOC.

Changed to:

L.1 HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF

INTEREST (FEB 2000)

(a) The Contracting Officer has determined that the proposed contract contains a potential organizational conflict of interest. Offerors are directed to FAR Subpart 9.5 for detailed information concerning organizational conflicts of interest.

(b) The nature of the potential conflict of interest is any firm who provides Asset Management (AM) services for HUD cannot provide Field Service Management (FSM services for any area in the cognizant Homeownership Center. Additionally, contractors currently performing Lead Based Paint, Mortgagee Compliance Management (MCM), Oversight Monitor (OM), Best Execution or pre-conveyance of HUD REO inventory also have a conflict of interest, in accordance with the terms identified in the PWS.

With the exception of CWCOT activities, pre-conveyance activities are stipulated as all work performed for a HUD REO property or its designee prior to HUD accepting conveyance of a property (i.e. property being assigned to the FSM contractor or successor contractor). The prime contractor(awardee), subcontractors, team partners, and their subsidiaries, affiliates and any entity that they exercise significant influence cannot be involved in preconveyance activities. Preconveyance activities include but are not limited to originating or servicing the FHA note and /or mortgage associated with the REO property, serving as an MCM, BSP/P260 contractor, appraiser, inspector, valuation services, P&P services for the mortgagee or its designee etc., in the M&M Area under the cognizant HOC. All conflict of interest provisions for the prime contractor apply to the entities referenced. Within 30 days of award, the Asset Manager and entities referenced must divest of all conflict of interest activities in the cognizant HOC.

All pre-conveyance activities performed directly or indirectly, including but not limited to auction services and valuation services on behalf of the mortgagee in performing activities pertaining to Claims Without Conveyance of Title(CWCOT) delineated in 12 U.S.C. §1710(a)(1)(C), 24 CFR §203.371 and HUD Handbook 4000.1 are deemed to not be a conflict of intertest (COI) for purposes of this Asset Manager(AM) contract. An activity that is not a COI for purposes of this Asset Manager contract may be a COI for other HUD contracts, regulations, etc.

All conflict of interest provisions for the prime contractor apply to the entities referenced. Within 30 days of award, the Asset Manager and entities referenced must divest of all conflict of interest activities in the cognizant HOC.

Real-estate Brokers and their agents cannot perform any pre or post conveyance activities with the exception of activities associated with listing a property. In addition, with the exception of the broker commission, brokers and their agents are prohibited from receiving any type of compensation associated with pre or post conveyance activities unless explicitly stipulated in HUDs Asset Manager contract as allowable fees. All conflict of interest provisions for the prime contractor apply to the listing broker.

(c) Offerors shall provide a statement which describes concisely all relevant facts concerning any past, present or planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed under the proposed contract and bearing on whether the offeror has a possible organizational conflict of interest with respect to:

(1) Being able to render impartial, technically sound, and objective assistance or advice, or

(2) Being given an unfair competitive advantage. The offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict.

(d) No award shall be made until any conflict of interest has been neutralized or mitigated to the satisfaction of the Contracting Officer.

(e) Refusal to provide the requested information or the willful misrepresentation of any relevant information by an offeror shall disqualify the offeror from further consideration for award of a contract under this solicitation.

(f) If the Contracting Officer determines that a potential conflict can be avoided, effectively mitigated, or otherwise resolved through the inclusion of a special contract clause, the terms of the clause will be subject to negotiation.

Page 178 Performance Confidence Assessment, Rating Chart:

Changed the Neutral/Unknown Risk/Neutral Confidence definition chart by adding “met the recency or relevancy test”.

Pg. 173-181 SECTION M - EVALUATION FACTORS FOR AWARD

Changed from: The Government will evaluate proposals in accordance with the following evaluation process to determine the best value to the Government under a Past Performance/Price Trade-Off evaluation methodology. The Government will evaluate the Technical proposals for minimal technical acceptability. All minimally technically acceptable proposals will be evaluated for price reasonableness, then rank by total evaluated price. Past Performance for all technically acceptable proposals determined to have reasonable pricing will be evaluated.

The government has no intention of evaluating technically unacceptable proposals on price and Past Performance. The government has no intention of evaluating technically acceptable proposals determined to have unreasonable pricing for past performance.

Changed to:

BEST VALUE AWARD

It is the Government's intent to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror's initial proposal should be their best effort and contain the offeror's best terms from a price standpoint. If award is made without discussions, proposal revisions will not be permitted. However, the Government reserves the right to conduct discussions if the Contracting Officer (CO) determines them to be necessary.

The government will use a best value past performance/price trade off process; thus, the Government may award to other than the lowest priced offeror or other than the offeror with the highest rated past performance.

The Government will evaluate proposals in accordance with the following evaluation process to determine the best value to the Government under a Past Performance/Price Trade-Off evaluation methodology. The Government will:

1. Rank all received proposals by price;

2. Evaluate the lowest priced proposal for minimal technical acceptability and past performance. Proposals that are determined unacceptable under technical acceptability will not be evaluated for past performance.

3. Continue to evaluate proposals in ranked order until a) at least 2 proposals are found to be minimally technically acceptable and b) at least one of the proposals determined to be minimally technically acceptable achieves the highest rating for past performance. When criteria a) and b) have been met, no further proposals will be evaluated. All proposals determined minimally technically acceptable will move to the next step.

4. Evaluate price for all proposals evaluated as minimally technically acceptable as set forth above. Proposals evaluated under this step and found to have unreasonable pricing will not be considered in the trade-off analysis.

5. Perform a trade-off analysis and make a source selection decision based upon the offeror representing the overall best value to the Government.

6. If one or more offer is deemed minimally technically acceptable and no offer reaches the highest level of past performance, the CO will determine if award without discussions is in the government’s best interest, or the CO may elect to establish a competitive range and hold discussions.

7. If discussions are held, all offerors’ Final Proposal Revisions must be re-evaluated for technical acceptability and past performance. The Government’s trade-off recommendation will only consider offerors ultimately determined to be minimally technically acceptable.

All evaluation factors other than past performance when combined are equal to price. However, as the offerors become more equal in merit for non-price factors, the importance of price to the evaluation decision will increase.

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J- LIST OF ATTACHMENTS (Pg.142)

Added Attachment A18 Non-Disclosure Agreement