Addendum to FAR 52.212-2 Final Rev.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

1. Basis for Contract Award

The evaluation of proposals submitted in response to this solicitation will be conducted in accordance with FAR 15.304(c)(1)(ii)(A) and 10 U.S.C. 3206(c). Proposals will be evaluated under three factors: (1) Technical Capability and (2) Past Performance. Price will not be a factor. The conditions noted within 10 U.S.C. 3206(c) and FAR 15.304(c)(1)(ii) allowing the contracting officer the option to not use price as an evaluation factor are applicable to this requirement as (1) the estimated value for this requirement exceeds the Simplified Acquisition Threshold (SAT), (2) the anticipated contract type is an IDIQ MAC with FFP LOE provisions, and (3) the Government intends to make an award to each and all qualifying offerors.

Under this IDIQ Contract, the government intends to award a contract to each and all qualifying Offerors. To be qualified, an offeror must receive ratings of Acceptable for Factor 1: Technical Capability and Factor 2: Past Performance.

1.2. Discussions

The Government intends to evaluate proposals and to award without discussions with Offerors; therefore, each Offeror's initial proposal should contain its best terms. The Government reserves the right to conduct discussions if later determined to be necessary.

2. Evaluation Factors and Elements for Award

The following evaluation Factors and Elements will be used to evaluate each proposal:

(i) Factor 1: Technical Capability

a. Element 1: Organization/ Management

b. Element 2: Manpower Resources and Capabilities

(ii) Factor 2: Past Performance

Since price will not be an evaluation factor at the IDIQ level, the contracting officer will consider price as one of the factors in the selection decision for each task order placed under the contract. Do not include pricing or cost information as part of your proposal. Price will not be a consideration for award. Failure to comply with this requirement may result in the Offeror being ineligible for award

2.1. The purpose of the proposal evaluation is to ensure impartial and comprehensive examination of competitive proposals. Statements and representations made in the Offeror’s proposal may be subject to verification by proposal evaluators. The Technical Capability and Past Performance factors will be evaluated utilizing an “Acceptable/ Unacceptable” rating system discussed in the sections below.

2.2. Factor 1: Technical Capability

The Government will evaluate Offerors Technical Capability for clarity, reasonableness and the degree to which it demonstrates an understanding of and the capability to perform the Government’s requirements as noted below:

The Government will evaluate the degree to which the Offerors’ methods and techniques used to plan, organize and perform can be expected to yield timely and quality results that comply with contractual requirements.

The Government will evaluate the offeror’s plan to provide qualified personnel and sufficient capabilities to perform the work as outlined in the PWS. All offerors must propose to provide personnel in all labor categories identified in Section 9.2-Labor Categories within the Performance Work Statement. Offerors who fail to meet this requirement are considered ineligible for award.

The Government will evaluate whether the offeror has identified sound methods to reduce personnel turnover and responsive timelines for hiring, training and replacing personnel during contract performance.

Table 1 – Technical Capability Elements

Element 1: Organization / Management

The offeror will be evaluated on demonstrating compliance with all requirements delineated within the PWS, as well as clearly addressing management organization, program structure, and oversight of the contract in order to meet the requirements of the PWS. The Offeror’s management Capability will be evaluated for level of detail with emphasis on quality with regard to the Offeror’s Capability in overall project management, project execution methodology, schedule, communication and subcontracting plans. The proposal will also be evaluated on the extent to which the proposal describes how the Offeror intends to manage and coordinate the task efforts of this contract, including planning, assigning responsibility, controlling personnel, minimizing employee turnover, controlling utilization of resources, tracking deliveries, and periodically monitoring performance and obtaining feedback.

The offeror’s Capability for subcontract management will be evaluated for level of detail with emphasis on quality, on-time, contractual arrangements, qualification requirements, selection process(es), contingency plans, subcontractor quality management plan and management interactions, including performance feedback.

Offeror's proposals shall clearly demonstrate their plan to manage the overall contract as a Firm Fixed Price (FFP) Level of Effort (LOE), the overall labor force, and the individual labor trades.

Element 2: Manpower Resources and Capabilities

The Government will evaluate whether the Offeror has proposed Key Personnel for all required positions who are properly qualified, as reflected in their resumes and any required letters of commitment, to perform and manage the contracted effort successfully;

The Government will evaluate the Offerors’ teaming and sub-contracting arrangements; and

The Government will evaluate Offerors’ Recruitment and Retention Plan, Formal Training Program, including its subordinate elements (Trade Training Plans, Training Management System, Training Records, Continuing Training Plans), for compliance with the Government’s requirements and the degree to which the training program ensures employees are capable of performing in all labor categories.

The Government will assess the offeror's ability to meet the solicitation's minimum requirements. Technical Capability proposals will be rated "Acceptable" or "Unacceptable".

Table 2 – Technical Acceptable / Unacceptable Rating Rating Description Acceptable Proposal meets the minimum requirements of the solicitation Unacceptable Proposal does not meet the minimum requirements of the solicitation

2.3. Factor 2: Past Performance

Past Performance proposals will be rated “Acceptable” or “Unacceptable” using the ratings and descriptions outlined in Table 3. The Past Performance evaluation will assess the Offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account recent and relevant information submitted by each Offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information.

Other sources of information for Past Performance may include, but are not limited to, SAM.GOV, Electronic Subcontract Report System (ESRS), other databases, questionnaires and interviews. The Government will make a reasonable effort to collect and evaluate Past Performance information from the point(s) of contact identified by the Offeror or, at the discretion of the Contracting Officer, other points of contact. The Offeror acknowledges that the Government is not responsible if the point of contact provided by the Offeror fails to respond to the Government’s Past Performance inquiry.

2.3.1 Recent Past Performance

The Government will assess whether the Offeror’s Past Performance is “Recent” or “Not Recent”. To be a “Recent Past Performance”, the effort must have been performed within the last three (3) years preceding the date of issuance of this solicitation.

2.3.2 Relevant Past Performance

The Government will evaluate whether the Offeror’s Past Performance is “Relevant” or “Not Relevant”.

“Relevant” means the past performance effort involved similar scope (range of operation covered) and magnitude (Dollar value) of effort and complexities (degree of difficulty) to the requirements of this solicitation. To be “Relevant Past Performance”, the service/effort must pertain to “work performed in a maritime environment”. The Government reserves the right to determine the relevancy of information provided and to verify statements and representations made in an Offeror’s proposal.

2.3.3 Overall Past Performance Acceptability

For contracts found to be “Recent” and “Relevant”, the Government may then review and evaluate the result of the Past performance questionnaires submitted with the proposal. The Government may determine how well the Offeror performed on past efforts that are both “Recent” and “Relevant”. The Government will evaluate the Offeror’s “Recent and Relevant Past Performance” in order to assess overall Past Performance acceptability.

2.3.4 In the case of an Offeror without a record of “Recent” and/or “Relevant” Past Performance or for whom information on Past Performance is not available or so sparse that no meaningful Past Performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on Past Performance.

Therefore, the Offeror shall be determined to have “Unknown Past Performance”. In the context of “Acceptability” / “Unacceptability”, “Unknown” shall be considered “Acceptable”.

Table 3 – Past Performance Rating Rating Description 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.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

3. Price

In accordance with 10 U.S.C. 3206(c) and FAR Subpart 15.304(c)(1)(ii), price or cost is not an evaluation factor for award. Offerors shall not include pricing or cost information as part of their proposal. Since price is not an evaluation factor for the contract award, the Contracting Officer will consider price as one of the factors in the selection decision for each task order placed under the anticipated IDIQ.

4. Award Information

Offerors are urged to ensure that their proposals are submitted on the most favorable terms. The contract(s) resulting from this solicitation will be awarded to the responsible Offeror(s) (in accordance with FAR 9.104) whose offers, conforming to the solicitation, are determined qualified as defined in section 1 above. Offerors are required to meet all solicitation requirements; failure to comply with the terms and conditions of the solicitation may result in the Offeror being ineligible for award.

5. Notice

A written notice of award or acceptance of an offer emailed or otherwise furnished to the successful Offeror(s) 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 whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

6. Contractor Responsibility

To be eligible for award of a contract hereunder, an Offeror must be determined by the Contracting Officer to be a responsible prospective contractor. To be determined responsible, a contract must:

(i) Have adequate financial resources to perform the contract, or the ability to obtain them.

(ii) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(iii) Have a satisfactory performance record.

(iv) Have a satisfactory record of integrity and business ethics.

(v) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(vi) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

(vii) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.