Section_L_M-AG-82B1-S-10-0132-00001.pdf

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):

http://acquisition.gov/comp/far/index.html http://www.usda.gov/procurement/toolkit/referencetools.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.204-6 Data Universal Numbering System (DUNS) (OCT 2003) 52.236-28 Preparation of Proposals—Construction (OCT 1997)

L-2 – AGAR 452-204-70 (FEB 1988). Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Office. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

L-3 - FAR 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION

(JAN 2004) ALTERNATE II (OCT 1997)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the

Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages

(i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(9) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal.

If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

L-4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984). The Government contemplates award of a firm fixed price contract resulting from this solicitation.

L-5 - 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 are, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

3.0% 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 actions 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 Shoshone County, Idaho.

L-6 - FAR 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION

MATERIALS (MAY 2002)

(a) Definitions. "Construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act- -Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of 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 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of 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) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on 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 52.225-9, 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 price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 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 52.225-9 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-7 - FAR 52.233-2 SERVICE OF PROTEST (AUG 1996)

(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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, 3815 Schreiber Way, Coeur d’Alene ID 83815-8363

(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-8 - FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALT 1 (FEB 1995).

(a) 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-9 - INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS

PROPOSALS

(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 must 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; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) - Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

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

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

a. 1 copy of the completed, signed offer (Sections A through K of the solicitation package)

b. 1 copy of the technical proposal

c. 1 copy of the business/cost 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. Therefore, the technical proposal must 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.

As a minimum, the proposal must clearly provide the following:

(1) - PAST PERFORMANCE . The technical proposal must address past performance. Offerors shall submit the following information as part of their proposal for both the Offeror and proposed major subcontractors. Offerors should provide only the information listed below. General performance information will be received from references provided in “a” below.

a. A list of all major contracts and subcontracts completed during the past three (3) years and all contracts and subcontracts currently in process. The list should include, but is not limited to, contracts and subcontracts similar in nature and complexity to that required by this solicitation. Contracts listed should include those entered into by the Federal Government, agencies of state and local governments, and commercial customers. Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all key personnel. Include the following information for each contract and subcontract:

(A) Name of contracting activity

(B) Contract Number

(C) Contract Type

(D) Total contract value

(E) Completion date, or stage of completion if still in process

(F) Contract work

(G) Contracting Officer

(H) Program manager

(I) Second contact person

(J) Administrative Contracting Officer, if different from Contracting Officer

(K) List of major subcontractors

NOTE: For G, H, I and J provide Name, Address, Telephone and FAX number.

A “Technical Proposal—Past Performance Information Sheet” is included for your Optional use (see

Section J).

At the option of the Offeror, this listing of performance references may be provided prior to the offer due date (Reference Block 9 of the Solicitation, Offer and Award form). However, listings must be provided NO LATER than the offer due date/time.

b. The Offeror shall provide information on problems encountered on the contracts and subcontracts identified above and corrective actions taken to resolve those problems.

c. The Offeror may describe any quality awards or certifications that indicate the offeror possesses a high quality process for providing the products and services required. Describe when the award or certification was bestowed. If the award is over three years old, present evidence that the qualifications still apply.

d. Each offeror will be evaluated on their performance under existing and prior contracts of a similar nature, including: quality of service, customer satisfaction, business relations, and timeliness of performance. Performance information will be used as an evaluation factor against which offerors’ relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror, may be contacted by the Government, with the information received used in the responsibility determination and in evaluation of the offeror’s past performance.

e. The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMP clearance number 9000-0142. Both, this information provided in the proposal, and Government records will be used to evaluate the Offeror’s past performance; however, references other than those listed may also be contacted.

(2) TECHNICAL APPROACH/ORGANIZATIONAL STRUCTURE, which at a minimum contains explanations of the following:

a. Project Management: Describe how the project will be managed and staffed, addressing

Contractor’s proposed schedule of operations to explain the following in relation to the specifications:

1. A Plan of Operation, including a Proposed Schedule of Operations with a Project time flow chart showing understanding of project objectives and means to efficiently achieve them;

2. Method for obtaining experienced Subcontractors that can perform the work with quality workmanship; (i.e. Instream operations and Log Haul).

2. Description of Supervision and Communication, internally and with the Government;

b. Demonstrated Understanding of Project Scope of Work and Objectives: Explain your operations regarding the following:

1. Method of Performance

i. Minimize Stream Turbidity

ii. Stream Channel Restoration, including installation of log structures

iii. Coordination with supply/delivery of logs

2. Capacity to Perform

i. Resources dedicated to the project, including equipment descriptions

ii. Subcontractors – assurance of experience in specific work

iii. Suppliers

c. Project Quality Control (QC) Plan detailing how the contractor will provide Quality Control of all operations without depending upon Government oversight to meet the specifications. Relate this to how you will ensure that the specifications will be met in accordance with the Inspections clause at Section E without significant Government oversight.

1. Describe your planned method(s) to minimize soil erosion and release of silt into live streamflow

2. Describe your planned method(s) to work within the Requirements and Guidelines identified in the stream alteration permit.

d. Health and Safety Plan (project specific). Explain your plan on this project to meet the needs and requirements for:

1. Public

2. Contractor Employees and Subcontractors

3. Government Employees

e. Describe Experience of Firm and proposed Crew in similar size and scope of work:

1. Stream Channel Restoration, including installation of logs;

2. Skills, experience or other credentials within the firm to accomplish the work.

3. Log loading and haul operations

(3) KEY PERSONNEL (See Section H, AGAR 452.237-74 KEY PERSONNEL) identifying the specific individuals and providing the following:

1. Contractor On-site Project Superintendent qualifications.

- Site management experience in construction of stream rehabilitation.

2. Experience and qualifications of quality control personnel.

3 Experience and qualifications of Equipment Operator(s), specifically for in stream operations

(c) BUSINESS PROPOSAL INSTRUCTIONS. The Offeror must complete Section B, Schedule of

Items, which will be considered the Business Proposal.

SECTION M--EVALUATION FACTORS FOR AWARD

M-1 - EVALUATION, NEGOTATION, AND AWARD PROCESS

(a) Proposals will be evaluated and rated to determine those Offerors, which are within the competitive range, price and other factors considered. Proposal should be submitted initially on the most favorable terms, which the Offeror can make to the Government. The Government reserves the right to reject any or all proposals or to make award without conducting discussions/negotiations.

(b) Discussions/Exchanges/Negotiations (oral or written) may be conducted as appropriate with all

Offerors considered to be within the competitive range. For the purpose of this solicitation, discussions shall not be considered to have been initiated where the Government requests additional information supplementing or clarifying a proposal without materially changing it. Discussions shall be considered to be open negotiations with an Offeror for the purpose of revising or materially changing the proposal as submitted. Where discussions are held, they will be concluded by the Contracting Officer by a request for a Final Proposal Revision. The Final Proposal Revision must reflect the appropriate clarifications and revision in response to discussions. A firm date will be provided for submission of the Final Proposal Revision.

(c) Following final evaluation of proposals, the Contracting Officer will award a contract to that Offeror:

(1) whose proposal is technically acceptable and (2) whose technical/cost relationship is the most advantageous to the Government. The critical factor in making any cost/technical trade-offs is not the spread between the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the Government to take advantage of it. Award may not necessarily be made to that Offeror submitting the lowest offer. Also, award may not necessarily be made for technical capabilities that 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 to the advantage of the Government.

(d) Award may be made without further negotiations. Proposals should be submitted initially on the most favorable terms, from a price and technical standpoint, which the Offeror can submit to the Government. However, the Government may, after evaluation of proposals, conduct further oral or written discussions as appropriate, with all Offerors whose proposals are within a competitive range.

M-2 – EVALUATION OF BEST VALUE FOR AWARD. The Best Value determination will include consideration of all Technical and Price criteria, including the ability of the contractor to satisfactorily perform the work on schedule, in the most efficient manner, meeting resource objectives at the most reasonable overall cost to the Government, including administrative costs.

M-3 - EVALUATION CRITERIA. Proposals will be evaluated according to the criteria stated below.

Criteria (A)1 and (A)2 are essentially equal in importance. Proposals shall be prepared in accordance with instructions shown in Section L, Instructions for Preparation of Proposals.

(A) TECHNICAL EVALUATION CRITERIA

(1) PAST PERFORMANCE

Note: Reference Section L, regarding information to submit with the technical proposal for past performance evaluation. Past performance on contracts and subcontracts similar in nature and complexity to that required under this solicitation will receive the higher rating. Firms lacking a past performance record (e.g., new firms or those with no relevant experience within their organization) will be treated as an unknown performance risk, receiving a neutral score in this criteria. A neutral score will be established as the average of all other competing Offerors, or the average of the total score available, whichever is less.

i. Quality of services: Demonstrated ability to perform services in accordance with contract specifications. Conformance to good standards of workmanship.

ii. Customer Satisfaction: Satisfaction of end users with the contractor's completed services.

iii. Cost control: Ability to complete contracts within budget (at or below); reasonableness of price change proposals submitted; providing current, accurate, and complete billings.

iv. Business relations: Effective management, ability to manage projects involving subcontracts, working relationship with the contracting officer and technical representatives, reasonable/cooperative behavior, flexibility, effective contractor recommended solutions, businesslike concern for government's interests.

v. Timeliness of performance: compliance with delivery schedules; reliability; responsiveness to technical direction, no assessment of liquidated damages.

(2) TECHNICAL APPROACH/ORGANIZATIONAL STRUCTURE

a. Project Management,

b. Demonstrated Understanding of Project Scope of Work

c. Addressing and Understanding of Resource Concerns

d. Project Quality Control (QC) Plan

e. Health and Safety Plan (project specific)

f. Description of Firm’s and proposed Crew’s Experience in similar size and scope of work.

Experience performing work of similar type and same or greater size and scope will gain the higher rating on this criteria.

(3) KEY PERSONNEL (See Section H, AGAR 452.237-74 KEY PERSONNEL)

(B) COST/PRICE EVALUATION CRITERIA

This criterion will consider cost/price information entered in Section B, Schedule of Items. It is the

Government’s intent to determine (1) reasonableness and (2) Offeror’s understanding of the work and the ability to perform the contract.

Cost/price is approximately equal in weight to the combined technical evaluation criteria; however, as the differences between technical proposals decrease, the importance of cost/price may become greater. Therefore, where technical proposals are determined to be substantially equal, any cost/price advantage to the Government may control award. Where differences between technical proposals are determined to be substantive, the importance of cost/price may decrease. In making any cost/price/ technical trade off decision, the critical factor is not the spread between the technical ranking, but the significance of that difference.