b. bidders_packet0005.doc

AG-04KK-S-10-0005

Sumpter Valley Interpretive Trail Construction

AG-04KK-S-10-0005

Sumpter Valley Interpretive Trail Construction

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04KK-S-10-0005

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

07/20/2010

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

419518

6. PROJECT NO.

7. ISSUED BY

CODE

Malheur National Forest

431 Patterson Bridge Road

P.O. Box 909

John Day, OR 97845

9. FOR INFORMATION

CALL:

A. NAME

Sarah Ackerman—Contract Specialist Chris Wall—Technical Specialist B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-575-3155

541-575-3036

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Price Range

AG-04KK-S-10-0005

Sumpter Valley Interpretive Trail Construction Harney County, Oregon

Malheur National Forest Supervisor’s Office

The Government's estimate is:

between $25,000 and $100,000.

11. The Contractor shall begin performance within 14 calendar days and complete it within 30 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See F-1.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

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YES

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NO (IF OFFER IS GREATER THAN $100,000.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:30 pm local time 08/18/2010. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required. (IF OFFER IS GREATER THAN $100,000.)

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e) OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

AG-04KK-S-10-0005

Page

Name of Offeror or Contractor:

SCHEDULE OF ITEMS

TOTAL ALL ITEMS

Contractor is required to offer on all items.

NOTE: Payment for bond premiums in accordance with FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

TIN: __________________________

DUNS: ________________________

SECTION K

PART IV--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K-1 FAR 52.204-8 Annual Representations and Certifications (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

K-2 AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All Items

- NAICS Code 237990

- Size Standard $33.5 million K-3

GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

The offeror/quoter represents and certifies that--

(a) It FORMCHECKBOX is, FORMCHECKBOX is not a current Federal Government employee.

(b) It FORMCHECKBOX is, FORMCHECKBOX is not a former USDA EMPLOYEE.

(c) It FORMCHECKBOX is, FORMCHECKBOX is not a retired USDA employee. If retired, give date of retirement ______________.

(d) It FORMCHECKBOX is, FORMCHECKBOX is not related to a current Forest Service employee on the Malheur National Forest. If so, list employee's name and location. ____________________________________

(e) The firm FORMCHECKBOX is, FORMCHECKBOX is not substantially owned or controlled by a former USDA employee or retiree.

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L-1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.html FAR 52.204-6 Data Universal Numbering System (DUNS) Number (APR 2008)

FAR 52.215-1 Instructions to Offerors - Competitive Acquisition (JAN 2004)

FAR 52.236-28 Preparation of Proposals - Construction (OCT 1997)

AGAR 452.204-70 Inquiries (FEB 1988)

L-2 FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

L-3 FAR 52.222-5 Davis-Bacon Act--Secondary Site of the Work (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

L-4 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

4.4%

Goals for Female Participation for Each Trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is OREGON, GRANT HARNEY COUNTY, NEAR PRAIRIE CITY

L-5 FAR 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

L-6 FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Sarah Ackerman; 431 Patterson Bridge Road; John Day, OR 97845.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L-7

SITE VISIT

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

L-8 AGAR 452.215-71 Instructions for the Preparation of Technical and Business Proposals (SEP 1999)

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The proposal shall include a technical proposal and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost.

(2) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

(3) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(a) 1 original of the completed, signed offer (Sections A (SF-1442), B, and K of the solicitation package)

(b) 1 original and 2 copies of the technical proposal

(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. At a minimum, the proposal must clearly provide the following:

(1) Technical Capability and Understanding:

The offeror shall present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further.

(2) Relevant Past Performance:

The offeror shall provide specific information about recent and relevant contracts which support Contractor’s performance over the past three years and shall provide references (current names and phone numbers) of people who can confirm Contractor’s past performance. The Experience Questionnaire, (see attachment), may be used as the submittal form. For those contracts with less than positive performance, Contractor is encouraged to provide a description of the problems and any efforts made to correct and to prevent future occurrences. For each relevant contract of reference, the offeror is requested to provide:

Agency/Company and Point of Contact

Period of Performance Dollar Value of Contract

Contract Number

Brief Description of Work

(c) Evaluation of the Proposed Price.

Price Proposals will be evaluated after evaluations of the technical proposals. Price will be compared to the government estimate, and other offeror’s pricing to determine reasonableness for the existing market conditions. The Government does not assume any risk for the offeror’s profit or loss margin from performance under this contract. This evaluation is to determine price reasonableness only. Results of the price proposal evaluation, along with the results of the technical proposal evaluation will be the basis for the award decisions.

CONTRACTOR’S RELEVANT PAST PERFORMANCE HISTORY

Provide a listing of your projects for the past three-year period which most closely relate to this type of work. Include the dates of performance, the agency or company name, the name and phone number of the contact person, the dollar value of the contract, the contract number, and the type of work performed. These firms may be contacted for references.

If you have failed to complete any project in the last three-year period, provide any information regarding the cause or remedy of that particular situation.

Note: Other forms and/or formats may be used which provide the required information.

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Section M—Evaluation Factors for Award

M-1 Award Decision

This procurement utilizes full and open competition. By submission of your offer in accordance with the instructions provided in Section L, the offeror accepts the terms of this contract.

The Government reserves the right to make a single award as a result of this solicitation. Award will be made to that offeror whose proposal is the most advantageous to the Government, price, technical capability and understanding, and relevant past performance considered. All evaluation factors, other than price, when combined, are approximately equal in importance to price in the award decision. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

(a) Basis of Award and Evaluation of Offers: Price is approximately equal to all technical factors combined and all technical factors are approximately equal to each other. The Government will also look at Cost and Price which includes considering cost/price information entered in Section B. It is the Government’s intent to determine reasonableness and the offer(s) understanding of the work and the ability to perform the contract. Award will be made to that offeror (1) whose proposal meets the technical requirements of the solicitation and (2) whose technical/cost relationship is the most advantageous to the Government. The critical factor in making any cost/technical trade-off is not the spread between the ratings, but, rather, the significance of that difference. The significance of the spread of the ratings will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities what would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and advantageous to the Government. The Government may reject any or all offer(s), issue orders to other than the lowest offer, and waive minor informalities or irregularities in offers received, or elect to not award at all. If necessary, the Government may conduct discussions with any or all offeror’s. The Government may award contract on the basis of offers as received, without entering into discussions with any offeror(s). Therefore, each initial offer should contain the offeror’s best terms and must speak directly to the evaluation factors listed.

(b) Unbalanced Offer: An offer is materially unbalanced when it is based on prices significantly less than the cost of some work and prices which are significantly overstated in relation to cost for other work, and if there is reasonable doubt that the offer will result in the lowest overall cost to the Government even though it may be the lowest evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance payment. An offer that has been determined to be unbalanced shall be less favorable to the Government than a balanced offer.

M-2 Technical Evaluation Factors

Evaluation Method

1. Technical Factors:

Technical proposals will be evaluated and rated by a Technical Evaluation Board (TEB). Proposals shall be prepared in accordance with the technical proposal preparation instructions. The two technical factors; technical capability and understanding and relevant past performance are of equal importance.

The following factors will be used in the technical evaluation process:

(a) Technical Capability and Understanding: This factor provides an assessment of the Government’s confidence in the offeror’s ability to fulfill the contract requirements based on the offeror’s technical submittal. This submittal shall demonstrate the offeror’s thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work.

(b) Relevant Past Performance: This factor provides an assessment of the Government’s confidence in an offeror’s ability to fulfill the solicitation based on the offeror’s demonstrated record of past performance. The offeror will be evaluated on performance over the past three years relative to experience on similar projects and types of work. In accordance with FAR 15.305, in the case of an offeror without a record of relevant past performance, the offeror will not be evaluated either favorably or unfavorably in this area, but instead will receive a neutral rating in the area of past performance. Offeror may provide information on any problems encountered on the contracts and subcontracts listed and the corrective action taken to resolve the problems. The Government may obtain information from existing contract files. The offeror may refute any past contractual problems, and should do so in their original offer because discussions might not be held. The three sub-factors of relevant past performance are approximately equal in value to support an overall rating for Relevant Past Performance:

· Quality of Workmanship

· Customer Satisfaction

· Timeliness of Performance 2.

Technical Factors Evaluation:

Each offeror’s technical proposal will be evaluated and assigned an adjective rating for each factor and subfactor. Each factor and subfactor will be given an adjective rating as described below for each of the required evaluation areas:

EXCEPTIONAL: The proposal complies with all instructions for submission and includes additional information that indicates consistent high quality performance can be expected from the contractor. One or more items of service or evidence of past experience in this criterion exceeds the acceptable or minimum requirement.

ACCEPTABLE: The proposal complies with all instructions for submission and meets all minimum requirements of service under the proposed contract.

NEUTRAL: Use this rating for past performance factor only. Offeror does not have a record of relevant past performance or information regarding past performance is not available.

MARGINAL: The proposal complies with most instructions for submission and/or fails to meet all minimum requirements of services under the contract so as to appear weak in regards to meeting the stated minimum.

UNACCEPTABLE: The proposal does not provide minimum requirements of service and/or fails to comply with instructions regarding submission of the proposal. Proposal is extremely weak in regards to meeting the stated minimum requirements of service so as to have major weakness.