Sol_89303020RLP000005_Amd_0001.pdf

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89303020RLP000005

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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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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Washington DC 20585 1000 Independence Ave., S.W.

00112

MA-64

Office of Headquarters Procurement Services U.S. Department of Energy Office of HQ PS (HQ)

Washington DC 20585 1000 Independence Avenue, SW

893030

Forrestal Building

MA-64

U.S. Department of Energy Headquarters Procurement Services

12/17/20200001

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

12/08/2020

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 data, 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.)

See attached Combined Synopsis/Solicitation RFP 89303020RLP000005 Amendment 0001.

Response due date/time remains unchanged.

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)

Katharine N. Lindner

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

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 .

12/17/2020

U.S. Department of Energy Solicitation 89303020RLP000005 Amendment 0001

Legal and Advisory Services for the U.S. Department of Energy’s (DOE) Loan Programs Office (LPO)

The purpose of this amendment is to 1) provide responses to questions received and 2) revise provision E.4, Addendum to FAR 52.212-2 Evaluation - Commercial Items.

Accordingly:

1) The following questions were received in accordance with the solicitation. Answers are provided, as indicated in red:

a) Is there a limitation on the percentage of work that must be performed by the Prime? At least 51% of the effort must be performed by the Prime Contractor.

b) Understanding that subcontractors much be approved, is one of the criteria that they must be registered in SAMS and have an active CAGE code? Yes

c) If the Contractor (Prime) has an approved purchasing system and intends to subcontract a percentage of the work, are there any requirements specific to the Department of Energy for getting those subcontractors approved by the Contracting Officer? There is no defined process for approving subcontractors provided in the solicitation.

d) Can you direct me as to applying to this solicitation and materials required? Instructions on proposal submission are provided in Section E of the solicitation.

2) E.4 Addendum to FAR 52.212-2 Evaluation - Commercial Items is deleted in its entirety and replaced with the following:

E.4 ADDENDUM to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

The following is incorporated into 52.212-2 as an addendum to this solicitation:

(d) Basis for Contract Award.

This is a competitive source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 15, Contracting by Negotiation,, as supplemented by the Department of Energy Acquisition Regulations (DEARS). By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors – Commercial Items and its addendum, the Offeror accedes to the terms and conditions of this solicitation and resulting contract. Failure to meet a requirement may result in an offer being determined unacceptable.

The Government intends to make award(s) to the responsible Offeror(s) whose proposal(s) is/are responsive to the solicitation and determined to represent the best value to the Government. Selection of the best value to the Government will be achieved by assignment of adjectival ratings through a process of evaluating the strengths and weaknesses of each Offeror’s proposal for Factor 2 – Key Personnel and by assignment of acceptability ratings for Factor 1 – Technical Qualifications and Factor 3 – Past Performance, in accordance with the evaluation factors described below.

The source selection process for this procurement will neither be based on the Lowest Price Technically Acceptable (LPTA) nor Technical/Price Tradeoffs. Within the best value continuum, FAR 15.101 specifies that best value may be obtained using any one or a combination of source selection approaches. For this procurement, the best value basis for awards will be determined by the Highest Technically Rated Offerors with a Fair and Reasonable Price. In determining the Highest Technically Rated with a Fair and Reasonable Price, Non-Price factors are more important than Price. The Government is more concerned with obtaining superior technical capabilities than making an award at the lowest evaluated price.

The Government intends to award without discussions with Offerors. The Government reserves the right to seek proposal clarifications (e.g., capability issues as described in FAR 15.306(a) or minor or clerical errors as described in FAR 14.407); and hold communications as described in FAR 15.306(b)). The Government reserves the right to establish a competitive range and conduct discussions if the Contracting Officer later determines them to be necessary.

In accordance with FAR Subpart 9.1, Responsible Prospective Contractors, and DEAR Subpart 909.1, Responsible Prospective Contractors, the Contracting Officer is required to make an affirmative determination of whether a prospective contractor is responsible. The Contracting Officer may, if necessary, conduct a preaward survey of the prospective contractor as part of the considerations in determining responsibility. In the absence of information clearly indicating that the otherwise successful Offeror is responsible, the Contracting Officer shall make a determination of nonresponsibility and no award will be made to that Offeror; unless, the apparent successful Offeror is a small business and the Small Business Administration issues a Certificate of Competency in accordance with FAR Part 19.6, Certificates of Competency and Determinations of Responsibility.

(e) Technical Evaluation Factors

The Government shall evaluate the Technical Evaluation Factors addressed in each Offeror’s Volume II – Technical and Management Proposal as follows:

1) Technical Qualifications

The Government shall evaluate the Offeror’s Technical Qualifications determine the Offeror’s understanding of the required services and potential for accomplishing the services described in Addendum to 52.212-1 and the Performance Work Statement. Technical acceptability is based on successfully meeting the requirement. Offerors must receive an “Acceptable” rating for each of the six (6) Criteria to receive an overall “Acceptable” rating for Technical Qualifications. Offers that are rated “Unacceptable” will not be further evaluated and will be eliminated from consideration for award.

TECHNICAL QUALIFICATION RATINGS

Rating Description

Acceptable Proposal clearly addresses all required elements as outlined in the Addendum to 52.212-1.

Unacceptable Proposal did not clearly address all required elements as outlined in the Addendum to 52.212-1.

2) Key Personnel

The Government will consider each proposed Key Personnel’s Letter of Commitment and resume and evaluate the education, experience, and accomplishments of the designated Key Personnel to determine the degree to which they possess the qualifications to successfully perform the PWS. The Government will evaluate the Offeror’s key personnel, including its explanation and rationale for the Key Personnel positions designated by the Offeror.

Strength Any aspect of a proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance. (FAR 15.001)

Significant Weakness A flaw that appreciably increases the risk of unsuccessful contract performance. (FAR 15.001)

Deficiency A 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.

(FAR 15.001)

The subjective quality and nature of each strength and weakness will be weighed to determine an adjectival rating for Technical Evaluation Factor 2. Each adjectival rating corresponds to the assessed level of probability of successful contract performance. The adjectival rating descriptions are shown in the following table.

KEY PERSONNEL RATINGS

Excellent The Offeror’s proposal demonstrates excellent understanding of requirements and approach that significantly exceeds performance or capability standards outlined in the Addendum to 52.212-1 and the Performance Work Statement. The Offeror has several strengths that will significantly benefit the Government, and the strengths identified significantly outweigh any weaknesses/significant weaknesses.

Good The Offeror’s proposal demonstrates good understanding of requirements and approach that exceeds performance or capability standards outlined in the Addendum to 52.212-1 and the Performance Work Statement. The Offeror has one or more strengths that will benefit the Government and the strengths identified outweigh any weaknesses/significant weaknesses identified.

Satisfactory The Offeror’s proposal demonstrates acceptable understanding of requirements and approach that meets performance or capability standards outlined in the Addendum to 52.212-1 and the Performance Work Statement. Acceptable solution. Few or no strengths, or the combination of strengths or weaknesses/significant weaknesses are offsetting in nature.

Marginal The Offeror’s proposal demonstrates shallow understanding of requirements and approach that only marginally meets performance or capability standards outlined in the Addendum to 52.212-1 and the Performance Work Statement necessary for minimal but acceptable contract performance. The weaknesses/significant weaknesses identified outweigh any strengths identified.

Unsatisfactory The Offeror’s proposal fails to meet performance or capability standards outlined in the Addendum to 52.212-1 and the Performance Work Statement. The weaknesses/significant weaknesses identified significantly outweigh any strengths identified, or one or more deficiencies were identified.

(f) Past Performance

The Government will evaluate the Offeror’s past performance and assign a rating based on the degree to which it demonstrates the likelihood it can successfully perform the PWS. The Government shall use information available through the Contractor Performance Assessment Reports (CPARS) and other performance databases (if necessary) in evaluating an Offeror’s performance and to assign a Past Performance rating in accordance with the following chart:

PAST PERFORMANCE RATINGS

Acceptable Based on the Offeror's performance record, the government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown (see note below)

Neutral The Offeror’s performance record is either not available or is so sparse that the Government is unable to form an opinion as to whether the Offeror is likely to successfully perform the required effort.

Unacceptable Based on the Offeror's performance record, the government has no reasonable expectation that the Offeror will successfully perform the required effort.

(g) Price

The price proposal will not be adjectivally rated, but will be evaluated for price reasonableness and mathematical accuracy; whether an Offeror’s price is fair and reasonable will be considered in the overall evaluation of the proposals in determining selection for award. The Government may use any or all price analysis techniques described in FAR 15.404-1(b) to determine price reasonableness. The price evaluation will be based upon the Offeror’s “Total Evaluated Price”, which will be calculated by DOE using the sum of all proposed labor category prices plus ODCs for the entire period of performance. For labor categories, the proposed labor rate for each labor category will be multiplied by the estimated quantity of DPLH to determine the total proposed price for each labor category. In the event of a conflict between the proposed labor category price and the extended price specified by the Offeror, the labor rate will be used to determine the total proposed price for that labor category.

The Government will evaluate vendors proposed price for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

End of Amendment 0001 All other terms and conditions remain unchanged.