A40 Att 12 52.212-2, Evaluation Criteria.pdf

HS0021-23-R-0016 Credit Reporting Services

Attachment 12 – Evaluation Criteria

52.212-2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers: Contracting

Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304);

and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers 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 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 within the time for acceptance specified in the offer, shall 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), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Addendum to 52.212-2 Evaluation-Commercial Items.

Paragraph (a), in its entirety, is hereby replaced with the following:

(a) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically

Acceptable evaluation conducted in accordance with Federal Acquisition Regulation (FAR) part

15.101-2, in which competing offerors' technically acceptable proposal with the lowest evaluated price will be evaluated in accordance with the terms below. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors. Failure to meet any or all solicitation requirement(s) may result in an offer being determined Unacceptable. The evaluation process will include the following factors:

1. Price Evaluation Factor (Volume II). The Government will rank all offers by Total https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-15#FAR_15_304 https://www.acquisition.gov/far/part-15#FAR_15_304

Evaluated Price (TEP), which includes all line items in the RFP. Price will not be assigned an adjectival rating nor be scored. Price analysis will be performed on the proposals in accordance with

FAR 15.404-1(b). The price evaluation will document the fairness and reasonableness of the TEP. In addition, each offeror’s separately priced line items shall be analyzed to determine if the prices are unbalanced. The Government reserves the right to perform price realism analysis. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its analysis. If the Government elects to perform a price realism analysis and finds a proposal unrealistic, the Government may withhold award to that offeror.

2. Technical Evaluation Factor (Volume I). The proposals will be evaluated to determine whether the solution meets all the requirements by assigning each Non-Price Factor an Acceptable or Unacceptable rating.

Non-Price Factors 1 Written agreements with each of the three credit bureaus Acceptable / Unacceptable

2 Provide Sample Reports Acceptable / Unacceptable 3 Connectivity Plan (for Test and Production

Environments) Acceptable / Unacceptable

4 Quality Plan Acceptable / Unacceptable 5 Management Plan Acceptable / Unacceptable 6 Data Breach Risk Mititgation Plan Acceptable / Unacceptable

Sub-Factor 1: Submit signed documentation confirming the offeror has agreements with each of the three bureaus; TransUnion, Equifax, and Experian –therefore confirming the ability to provide both single and tri-merge credit reports as described herein.

Sub-Factor 2: Provide sample reports in the preferred DCSA format as listed in Attachments 4-5 of the PWS.

Sub-Factor 3: Submit a Connectivity Plan for the Test and Production environments on how the offeror plans to obtain connection to the Mirador, PIPS, and National Background Investigation

Services (NBIS) systems. This is done by completing attachment 3, PWS ISA.

Sub-Factor 4: Submit a Quality Plan including the following:

The offerors approach for performing work on single and multiple orders;

pursuant to the contemplated IDIQs, The offerors process and procedures for handling connection issues, PII data errors, formatting errors, incomplete reports, and other issues commonly encountered.

The offerors sample summary invoice and detailed invoice.

Sub-Factor 5: Submit a Management Plan which explains the offerors capacity to fill multiple orders with varying quantities (i.e. 66k per day, 90k per day, or any amount under or over these examples) with a short suspense; i.e. on demand.

Sub-Factor 6: Submit a Data Breach Risk Mitigation Plan that explains the offerors plan to effectively operate in the instance data is breached.

Each Non-Price Factor will be given either an Acceptable or Unacceptable Rating. If any Non-Price

Factor is rated Unacceptable the overall Technical Rating must be Unacceptable. If all Non-Price

Factors are rated Acceptable the overall Technical Rating will be Acceptable. Technical evaluation will be rated per the ratings in the table below. The offeror’s proposal must meet all technical criteria to be considered.

Technical Evaluation Factor – Technical Ratings Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

3. Past Performance. Past performance will not be evaluated in accordance with FAR

15.304(c)3(iii), due to the possibility of an emerging offeror with little or no past performance, but who has the capability to meet the credit report requirements, is more important than obtaining or requiring past performance on an offeror. Past performance is not an appropriate evaluation factor for the acquisition. Past Performance, however, will be reviewed as part of a responsibility determination but will not impact the technical evaluation.

All offerors are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government intends to evaluate the proposal of the lowest priced offerors (3) only. The Government will rank the Total Evaluated

Price from least to most expensive. Volume I of the lowest priced offeror will be reviewed first for acceptability. If this offeror is determined to have both fair and reasonable price as well as an overall acceptable technical rating (which does not allow for any Non-Price Factor to be anything other than

Acceptable), the offeror will receive an IDIQ award. Next, the Government will review Volume I of the next lowest priced offeror. The same determination will be made regarding price reasonableness and acceptability for this offeror. If the second lowest priced offeror is fair and reasonable and technically acceptable, the offeror will receive an IDIQ award. Then, the Government will review

Volume I of the next lowest priced offeror. The same determination will be made regarding price reasonableness and acceptability for this offeror. If the third lowest priced offeror is fair and reasonable and technically acceptable, no further reviews of any other offeror is required. In this instance the three LPTA offerors will receive awards.

The Government has no further obligation to review the fourth lowest priced offeror if the first 3 have been found to be the LPTA awardees. If the second lowest priced offeror was determined unacceptable, the Government would then review Volume I of the third lowest priced offeror and so

on. This would take place until up to 3 awardees have been found to be the LPTA offers, if 3 are not able to be found the Government reserves the right to issue awards to the offerors who were found to be LPTA even if it is only 2 or 1 awardee found.

(b) No change.

(c) Paragraph (c) addended to include the following:

Award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government intends to award up to 3

IDIQ contracts to the offerors providing the LPTA proposal.