Atch 03 Addendum to FAR 52.212 (002).pdf

Attachment 03

SECTION L : ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

A General Instructions

1. The selection of a source for award purposes will be conducted utilizing FAR Part 12, “Acquisition of Commercial Items,” in conjunction with FAR 13, and supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS).

Offers will be evaluated using the criteria under Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award.”

2. Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal is judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, which will represent the Lowest Priced Technical Acceptable offer. Trade-offs between cost/price and non-cost/price factors are not permitted.

3. Noncompliance with the Request for Proposal (RFP) requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

4. The submission of the documentation specified will constitute the Offeror’s acceptance of the terms and conditions of the RFP and contract type.

5. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and price in their initial proposal submission. However, should discussions become necessary, the Government reserves the right to hold them.

6. Instructions outlined in paragraph C below, prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

7. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

8. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

9. Brief Explanations: The Contracting Officer will notify Offerors who are not selected for award. Upon such notification, unsuccessful offerors may request to receive a brief explanation in accordance with the requirements of FAR 52.212-1(1).

B. Proposal Preparation Instructions

1. The Offeror’s proposal shall be organized and submitted in four (4) parts:

Part I- General

Part II- Technical Capability

Part III: Past Performance

Part IV: Price

2. Proposal Format

a. Offerors shall submit an original electronic copy of their proposal via email.

b. Exceptions: Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in additional to those identified as evaluation factors found in Addendum to FAR Clause 52.212-2. Failure to meet any requirement in this solicitation may result in an offer being ineligible for award. Any assumption, exceptions, or deviations must be addressed and communicated to the Contracting Officer by NOT LATER THAN 12:00 P.M. (noon) CENTRAL DAYLIGHT TIME(CDT) ON 23 June 2023, which is the closing of the solicitation.

If the offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the offeror shall clearly identify the applicable exception(s) with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, price, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken.

It is recommended that the offeror contact the Contracting Officer immediately upon identifying an area that may result in an exception. The offeror must contact the Contracting Officer prior to the date for receipt of offers. Upon notification of an exception the Contracting Officer will gather facts and if facts warrant solicitation revision an amendment will be issued. All exception(s) shall be submitted electronically in the format below.

Table 1 – Solicitation Exceptions

Solicitation Document Page/ Paragraph Requirement/ Portion Rationale & Impact

Section B, PWS/SOO/SOW, Section L&M, etc.

Applicable Page and Paragraph Numbers

Identify the requirement or portion to which exception is taken.

Describe the rationale and impact of the exception.

c. All text shall be single spaced. Times New Roman or Arial font required. Text shall be a minimum font size 10 and be easily readable. All text pages shall be oriented in portrait. Landscape orientation is acceptable for tables and/or charts if required to properly present the information. Margins shall be at least 1 inch on the top and bottom and ¾ inch on the sides. The Offeror shall number each page. In the event the Offeror creates an ambiguity in their numbering, the Government may exercise its own discretion on counting pages.

d. Proposal Limitation. If the page limits are exceeded, the pages in excess of the limit shall not be evaluated.

e. The proposal shall not exceed the following page limits:

1. General: N/A

2. Technical Capability: 15 pages (excluding resumes)

3. Past Performance: N/A

4. Price: N/A

Note 1: Resume pages shall not be counted against the 15 pages allowed for Technical Capability.

Note 2: Page limits includes all appendices, charts, graphs, diagrams, tables, photographs, drawings, and other information provided in the proposal.

Note 4: Representation and Certifications shall be submitted within Part I-General (page limitation is non-applicable)

C. Proposal Content:

Part I: General: Offerors are required to complete the combined synopsis/solicitation W9124J-23-R- WWPO. Offeror shall provide pricing for all CLINs (including option periods) in Attachment 4 and submit the completed solicitation for commercial items. Failure to follow Contract Proposal preparation instructions may cause Offeror’s proposal to be deemed unacceptable by the Government.

a. Solicitation W9124J-23-R-WWPO shall be submitted fully completed and in accordance with FAR 52.215-1(b), Instruction to Offerors-Competitive Acquisition. The solicitation must contain an original signature. The Offeror shall acknowledge any amendments to the solicitation in accordance with the instructions at time of release. The Offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

b. Complete FAR Provision 52.212-3, Alt 1-Offeror Representation and Certification-Commercial Items;

52.219-1-Small Business Program Representations with Alternate I. The Offeror shall ensure that these provisions are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

Part II: Technical Capability: Technical proposal will be evaluated to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Performance Work Statement (PWS) and demonstrates a thorough knowledge and understanding of those requirements with minimum risk to the Government. The Offeror must provide the following:

i. Provide detailed narrative fully explaining how the Offeror intends to accomplish the tasks in the Performance Work Statement (PWS). This narrative should focus on how the work will be done and not on what is to be done. Offeror’s are not to merely restate the Performance Work Statement (PWS) instead Offeror’s are required to discuss/describe their individual approach to conducting the technical requirements of the PWS.

ii. Provide all proposed staffing resumes and outline plans to hire and retain personnel to meet the requirements of the PWS.

Part III Past Performance: The firm shall provide a maximum of three example projects performed by either the prime firm or key subcontractor (if utilized) demonstrating recent and relevant experience.

Relevant experience is defined as similar in size, scope and complexity to the services identified herein.

Recent experience is experience within the last three (3) years from the date of this announcement. More recent past performance shall be considered more advantageous. Past performance of the prime firm and any key subcontractor (if utilized) on any recent and relevant contracts will be determined from the Contractor Performance Assessment Reporting System (CPARS) and other sources as needed. CPARS will be queried for all prime firms to assess performance risk.

In the case of an Offeror without a record of relevant past performance or from 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. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

Part IV Price: The Offeror shall submit prices for each Contract Line Item (CLIN), and in format, as identified in Attachment 4, CLIN schedule, of this combined synopsis/solicitation. Evaluation of price will be performed utilizing one or more of the price analysis techniques in FAR 15.404-1(b). While competition is anticipated for the award of this contract the Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as deemed necessary to arrive at a fair and reasonable price.

(End of provision)

52.212-2 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:

Factor 1: Technical Capability Factor 2: Past Performance Factor 3: Price

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer.

Options. The Government will evaluate offers for award purposes by adding 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).

Evaluation of options shall not obligate the Government to exercise the option(s). As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror’s final option period price to the offeror’s total price. Thus, the offeror’s total price for the purposes of evaluation will include the phase-in, base period, 1st option, 2nd option, 3rd option, 4th option and ½ of the 4th option. Offerors are not required to enter a price for the six month period.

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)

Section M: ADDENDUM TO FAR CLAUSE 52.212-2, EVALUATION- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government will award a contract resulting from this solicitation to 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:

Factor 1-Technical Capability. The Technical Factor evaluation provides an assessment of the Offeror’s capability to fully satisfy the Government’s minimum requirements. To be acceptable, the offeror must demonstrate the following:

i. A clear and concise narrative that fully explains how the Offeror intends to accomplish the tasks in the Performance Work Statement (PWS). The narrative is focused on how the work will be done and not on what is to be done. The Offeror does not merely restate the Performance Work Statement (PWS) instead Offeror’s discusses/describes their individual approach to conducting the technical requirements of the

PWS.

ii. The offeror provides all proposed staffing resumes and outline plans to hire and retain personnel to meet the requirements of the PWS.

Technical Factors will receive one of the adjectival ratings defined below. The sub-factor ratings will be used to determine an overall rating for the factor. To receive a rating of Acceptable, all sub-factors must receive a rating of Acceptable.

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Factor 2-Past Performance: The Past Performance evaluation will assess the offeror’s probability of meeting the solicitation’s requirements as indicated by that offeror’s record of past performance. Past performance is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is recent and relevant to the services being procured under this solicitation. Offerors are advised the Government will utilize data in the offeror’s proposal and data obtained from other sources (i.e. Contractor Performance Assessment Reporting System (CPARS)) to determine the relevancy and regency of past performance.

In the case of an Offeror without a record of relevant past performance or from 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. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

The past performance factor will be assigned one of the rating defined below:

Table A-2. Past Performance Acceptable/Unacceptable Ratings Rating Description Acceptable Based upon the offeror’s performance record, the Government has a reasonable expectatio the offeror will successfully perform the required effort, or the offeror’s performance recor is unknown.

Unacceptable Based upon the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 3-Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques, the Government will determine whether prices are fair and reasonable. If the Government is unsure of the reasonableness, the Government reserves the right to request other than Cost or Pricing Data.

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer.

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). As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror’s final option period price to the offeror’s total price. Thus, the offeror’s total price for the purposes of evaluation will include the phase-in, base period, 1st option, 2nd option, 3rd option, 4th option and ½ of the 4th option. Offerors are not required to enter a price for the six month period.

(End of provision)