Attach 5 - Section M.pdf
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- Attached to
- HADES (Hybrid Architecture and Development for Experimental Systems) Draft Request for Proposal
- Solicitation number
- FA8809-26-R-B002
- Issued by
-
Department of the Air Force
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This document is Section M (Evaluation Factors for Award) from the Hybrid Architecture and Development for Experimental Systems (HADES) Program solicitation issued by Space Systems Command (SSC), System Delta 89, Innovation and Prototyping Division Ground (SDG) at Kirtland AFB, New Mexico. This is a best value FAR 16 Indefinite Delivery Indefinite Quantity (IDIQ) acquisition conducted under FAR 15.3 Source Selection procedures. The Government intends to award one contract but reserves the right to make no award. The solicitation requests a single IDIQ contract proposal and three Task Orders (TOs), with all proposed efforts evaluated collectively to establish competitively influenced contractual rates for future TOs. Award will be made upon evaluation of initial proposals without discussions, though discussions may occur if deemed in the Government's best interest.
Proposals will be evaluated on three primary factors: Technical (Subfactor 1: Systems Engineering and Subfactor 2: Program Management) and Cost/Price, with Technical factors determined to be significantly more important than cost. Technical evaluation employs both Technical Capability Rating (Blue/Outstanding, Purple/Good, Green/Acceptable, Yellow/Marginal, Red/Unacceptable) and Technical Risk Rating (Low, Moderate, High, Unacceptable) methodologies. Cost/Price evaluation includes reasonableness assessment, cost realism analysis for cost-reimbursable and cost-plus award fee CLINs, and unbalanced pricing review. The Government will calculate a Total Evaluated Price (TEP) incorporating the Government's Most Probable Cost adjustments to the offeror's Total Proposed Price. Additional evaluation areas include past performance, compliance with solicitation requirements and terms, organizational conflicts of interest, and the Professional Employee Compensation Plan. Small business participation is required at 25 percent overall contract level, calculated at the first-tier subcontract level, with no strengths awarded for this criterion.
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Hybrid Architecture and Development for Experimental Systems (HADES) Program
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION M – EVALUATION FACTORS FOR AWARD
Space Systems Command (SSC) System Delta 89
InnovaƟon and Prototyping Delta (SD) InnovaƟon and Prototyping Division Ground (SDG)
Kirtland AFB, New Mexico
REVISION CONTROL
Revision Number Date Remarks
1 Source Selection
1.2 Number of Contracts to be Awarded
1.3 Discussions
2 Solicitation Requirements, Terms and Conditions
3 Evaluation Factors and Subfactors
4 Technical Evaluation
4.1 Technical Capability Rating Methodology
4.2 Technical Risk Rating Methodology
4.3 Technical Subfactors Criteria
5 Cost/Price
5.1 General Government Cost/Price Volume Instructions
5.2 Total Proposed Price (TPP)
5.3 Total Evaluated Price (TEP)
5.4 Evaluation Area Details
5.5 Data Rights
5.6 Insufficient Details
5.7 Consistency
6 Past Performance
7 Contract Documentation
7.1 Solicitation Requirements, Terms and Conditions
7.2 Professional Employee Compensation Plan
Section M, Evaluation Factors for Award
1 Source Selection
1.1 Basis for Award
This is a best value FAR 16 Indefinite Delivery Indefinite Quantity (IDIQ) acquisition that will be conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, Source Selection, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS). These regulations are available electronically at ACQUISITION.GOV, https://www.acquisition.gov/. The Government will select the best overall offer, based upon an integrated assessment of Technical/Technical Risk, and Cost/ Price. A contract may be awarded to the Offeror who is deemed responsible in accordance with the FAR, as supplemented, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information requested by Section L of this solicitation) and is judged, based on the evaluation factors and subfactors to represent the best value to the Government. The Government seeks to award to the Offeror who gives the Air Force the greatest confidence that it will best meet, or exceed, the requirements. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors, and the Source Selection Authority (SSA) reasonably determines that the technical and/or overall business approach of the higher price offeror outweighs the cost difference.
The SSA will base the source selection decision on an integrated assessment of proposals against all source selection criteria in the solicitation (described below). While the Government source selection team and the SSA will strive for maximum objectivity, the source selection process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process.
This solicitation requests a single proposal for the IDIQ contract, and for 3 Task Orders (TO). The proposed efforts for all 3 TOs included in the proposal will be evaluated by the Government. The contract award decision will be made based on the consideration of the proposed effort for the IDIQ contract and for all 3 TOs collectively. The effort spanned in the 3 TOs is considered to be representative of the types of work for future TOs; and will provide a basis for establishing competitively influenced contractual rates for fair and reasonable pricing of future TOs under the anticipated contract.
1.2 Number of Contracts to be Awarded
The Government intends to award one contract for the HADES acquisition; however, the Government reserves the right to make no award at all.
1.3 Discussions
The Government intends to make award upon evaluation of initial proposals without discussions.
Therefore, offerors are highly encouraged to use their best efforts in proposal preparation and to include their very best terms in their offer.
If it is determined to be in the Government’s best interests, a competitive range may be established, and discussions may be held. In that case, to promote effectiveness in the competition and efficiency in the evaluation, the Government will initially set, and may potentially make any later adjustments to, the competitive range of only the most highly rated proposals considering: (1) whether the number of proposals received exceeds the amount at which the competition can be effectively managed to warrant a reduction in the number of proposals selected for further evaluation or discussion, (2) a proposal’s potential to achieve complete correction through efficient, equitable use of discussions, or
(3) any particular advantage or benefit that a proposal presents which is worthy, in the Government’s judgment, to pursue through discussions, based on the evaluation criteria described in Section 3 of this document.
If included in the competitive range, the Offeror shall provide Evaluation Notices (EN) responses and submit change pages that update all affected volumes of the Offeror’s proposal. Additional instructions will be provided with ENs. If the Government enters into discussions, the Government reserves the right to not go into discussions on the scenario response to the Subfactor 2 Program Management, Section 4.3.2.3 – Emerging Requirements Criteria. Therefore, technical acceptability and technical risk of the scenario response may be based on the initial submission. As such, the Offeror shall ensure that each component of the scenario is thoroughly addressed.
2 Solicitation Requirements, Terms and Conditions
Offerors are required to meet all solicitation requirements, such as terms and conditions, small business subcontracting plan, OCI analysis results, other information required, representations and certifications, and technical requirements, in addition to those identified as factors or subfactors. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being ineligible for award.
3 Evaluation Factors and Subfactors
The following evaluation factors and subfactors will be used to evaluate each proposal:
Factor 1: Technical Subfactor 1: Systems Engineering Subfactor 2: Program Management
Factor 2: Cost/Price
The relative importance of each factor and subfactor is as follows: Factor 1 (Technical) is most important, and Factor 2 (Cost/Price) is least important. Within the Technical Factor, Subfactor 1, Systems Engineering, is less important than Subfactor 2, Program Management. In accordance with FAR 15.304(e), the Government has determined that all evaluation factors and subfactors other than Cost/Price, when combined, are significantly more important than cost or price.
An “unacceptable” as defined in paragraphs 4.1 and 4.2 will deem the proposal unawardable.
4 Technical Evaluation
The Technical Evaluation provides for two distinct but related assessments: The Technical Capability Rating and the Technical Risk Rating. Technical Capability and Technical Risk ratings are applied at the subfactor level and will not be rolled up to any overall factor ratings.
4.1 Technical Capability Rating Methodology
The Technical Capability rating provides an assessment of the quality of the Offeror’s approach and the extent to which it demonstrates an understanding of the Government’s requirements.
Each technical subfactor will receive one of the color ratings described in DoD Source Selection Procedures, Table 4.1, Technical Rating Method, excerpted below:
Table 4.1, Technical Rating Method
The color rating is based on the strengths of the Offeror's proposal, as well as the extent to which the proposal approach meets or does not meet the evaluation criteria and associated requirements of the RFP. The color rating depicts how well the Offeror’s proposal meets the technical subfactor requirements.
In arriving at a best value decision, the Government reserves the right to give positive consideration, i.e., assign a “strength,” for performance exceeding criteria in a way that is advantageous, or provides a valued benefit, to the Government. The DoD Source Selection Procedures define a “strength” as stated in the text box below. Note, the benefits of the proposed aspect or feature must be expected to be realized during actual contract execution. Offerors may consult the HADES Award Fee Plan and relevant Performance Work Statements to determine the types of qualities and features the Government values, including cost-effectiveness, mission success, and support of overarching organizational goals for ground system evolution.
IAW DAFFARS MP5315.3.3.12, the awarded contract document will reflect all beneficial aspects of the awardee’s proposal and all above threshold (minimum) attributes, performance levels, or capabilities for which evaluation credit was given in the source selection process (e.g., purple or blue technical rating).
4.2 Technical Risk Rating Methodology
Assessment of Technical Risk, which is manifested by the identification of weakness(es), considers potential for disruption of schedule, increased costs, or degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful contract performance. Each technical subfactor will receive one of the Technical Risk ratings described in DoD Source Selection Procedures, Table 4.2, Technical Risk Ratings, excerpted below.
Table 4.2, Technical Risk Ratings
The risk rating considers the risk associated with the Offeror’s overall proposed approach in meeting the requirement.
Strength is an aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.
Deficiency is a material failure of an offeror’s proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contractor performance to an unacceptable level. See FAR 15.001.
4.3 Technical Subfactors Criteria
The technical subfactor criteria were chosen as illustrative examples of the key challenges associated with executing the HADES basic IDIQ PWS (Section J Attachment 1) and TO PWSs within the HADES environment. The HADES environment is characterized in Section J Attachment 1.
The Government will evaluate the extent to which the Offeror’s proposal meets, does not meet, or exceeds the criteria under each subfactor below. The criteria may be considered to be exceeded when the proposal meets the definition of a strength as described in paragraph 4.1 above. Failure to meet any one of the individual criteria in paragraphs 4.3.1 and 4.3.2 below will result in an “unawardable” rating at the subfactor level.
4.3.1 Subfactor 1, Systems Engineering Criteria
4.3.1.1 The Offeror demonstrates the ability to apply their system engineering approach for the HADES environment as described in the Section J Attachment 1, section 1.3.1.
during execution of the attached 3 TO PWSs as identified in Section L, Appendices D through H.
4.3.1.2 The Offeror demonstrates experience and expertise applying their systems engineering approach to National Space enterprise software intensive systems and low-cost Research and Development systems in both cloud and local implementations. The identified experience and expertise illustrate cost/schedule/performance trade-offs, a focus on system up-time, cost reduction, and rapid response to requirements.
4.3.1.3 The Offeror demonstrates their ability to perform Configuration Management across the ground system infrastructure, operational floors, and missions.
4.3.2 Subfactor 2, Program Management Criteria
In order for this subfactor to be considered technically acceptable all criteria must be acceptable.
4.3.2.1 Staffing/Labor Profile. The Offeror proposes sufficient and appropriately time-phased labor and expertise to perform the workload as defined by the attached 3 TO PWSs.
4.3.2.2 Personnel Security Requirements – The Offeror provides a viable plan to recruit and retain employees that can obtain and maintain applicable clearances.
4.3.2.3 Emerging Requirements. The Offeror demonstrates the ability to apply their management processes and labor/skill mix to respond to emerging requirements. The Offeror demonstrates experience and expertise applying their management process to address emerging requirements.
4.3.2.4 Transition. The Offeror demonstrates an effective approach to assume contract responsibilities at the end of the transition period. This criterion is either met or not met.
4.3.2.5 Small Business. The Offeror demonstrates the use of small business participation. Small business offerors will meet the 25% requirement for small business participation. For other than small business offerors their Small Business Participation Commitment Document will comply with the small business percentage requirement of 25% and the Small Business Participation Commitment Document ensures small businesses will be afforded opportunities for meaningful work with complexity and variety during contract execution. The percentage requirement will be assessed at the overall contract level.
Small business participation will be calculated at the first-tier subcontract level. No strengths will be awarded for this criterion. This criterion is either met or not met.
5 Cost/Price
5.1 General Government Cost/Price Volume Instructions
The Offeror’s cost/price proposal will be evaluated for reasonableness, cost realism, and unbalanced pricing. In the evaluation, the Government may use data that is external to the Offeror’s proposal, such as, but not limited to, field pricing reports, industry information, Government estimates, same or similar DoD contracts, and commercial data. For all TOs, the evaluation of TOs and TO options will not obligate the Government to award and/or exercise such options. The Government-calculated TEP, in Table 5.1, will be presented to the Source Selection Authority only for the purpose of making the best value trade-off decision.
Table 5.1, Cost/Price Evaluation
Proposed Total Price – Cost CLINS (CR and CPAF) $
Proposed Total Price – Firm Fixed Price $
Most Probable Cost Adjustment (Total of Column G in Table 5.2, below) $
Data Rights Total (Sum of Data Rights Total) Values from Table 1a and Table 3 in Section J, Attachment 9, Data Rights
Total Evaluated Price $
Reasonable (All CLINs and Appendix B Rates) Yes / No / TBD /
NA
Realism (Applies only to Cost-Reimbursement and Cost Plus Award Fee CLINs)
Presence of Unbalanced Pricing (All CLINs)
TBD = To Be Determined NA = Not Applicable = Not Assessed = No Final Determination
5.2 Total Proposed Price (TPP)
The Offeror’s proposal will be assessed for accuracy in calculating the TPP and for compliance with the instructions for calculating the TPP.
5.3 Total Evaluated Price (TEP)
The Government will adjust the TPP to incorporate the Government’s Most Probable Cost (MPC).
The Table 5.2 below shows the breakdown by CLIN for the values that will be used in Table 5.1:
Note: “(Basic CLIN 00XX)” in the CLIN Title Column refers to the basic CLIN structure in Section B of the overall Basic HADES IDIQ contract
Table 5.2, TEP Computation Table Task
Order (A)
Title (B)
CLIN
(C)
CLIN
Title (D)
Contra ct Type
(E)
Contractor Proposed Cost $ (F)
Government MPC (Upward)
Adjustments $ (G)
Proposed Profit/Fee $
(H)
Total CLIN Amount (I
(Sum of F+G+H))
01 Transition 0008 Transition (Basic CLIN 0008)
FFP N/A N/A N/A Offeror’s FFP
Task Order
(A)
Title (B)
CLIN
(C)
CLIN
Title (D)
Contra ct Type
(E)
Contractor Proposed Cost $ (F)
Government MPC (Upward)
Adjustments $ (G)
Proposed Profit/Fee $
(H)
Total CLIN Amount (I
(Sum of F+G+H))
02 Ground Control
0001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
0002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
0003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 1)
Ground Control
1001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 2)
Ground Control
2001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
2002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
2003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 3)
Ground Control
3001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
3002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
3003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 4)
Ground Control
4001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
4002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
4003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 5)
Ground Control
5001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
5002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
5003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC
(Option 6)
Ground Control
6001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
6002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
6003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
03 Jaguar 0001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
0002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
0003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option
1)
Jaguar 1001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
Task Order
(A)
Title (B)
CLIN
(C)
CLIN
Title (D)
Contra ct Type
(E)
Contractor Proposed Cost $ (F)
Government MPC (Upward)
Adjustments $ (G)
Proposed Profit/Fee $
(H)
Total CLIN Amount (I
(Sum of F+G+H))
(Option 2)
Jaguar 2001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
2002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
2003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
04 Ground Support
0001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
0002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC
0003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
1003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 1)
Ground Support
2001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
2002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
2003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
(Option 2)
Ground Support
3001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
3002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
3003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
Task Order
(A)
Title (B)
CLIN
(C)
CLIN
Title (D)
Contra ct Type
(E)
Contractor Proposed Cost $ (F)
Government MPC (Upward)
Adjustments $ (G)
Proposed Profit/Fee $
(H)
Total CLIN Amount (I
(Sum of F+G+H))
(Option 3)
Ground Support
4001 Mission Support (Basic CLIN 0001)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
4002 Travel (Basic
CLIN 0004)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
4003 ODCs (Basic
CLIN 0006)
CR Proposed Cost
Government MPC Adjustment
N/A (F+G)
Data Rights Total (Sum of the “Data Rights Total” values from Table 1a and Table 3 in
Section J, Attachment 9, Data Rights)
FFP N/A N/A N/A Offeror’s FFP
Total Evaluated Price (TEP) Sum of Column I
5.4 Evaluation Area Details
The proposal must contain sufficient details for the Government Evaluation of the following areas:
5.4.1 Reasonableness (Applies to all CLINs and Attachment 3 Rate Schedule)
The Offeror’s proposal will be assessed for price reasonableness, which is an assessment of whether the evaluated price is too high. The price is reasonable if, in its nature and amount, it does not exceed that amount which would be paid by a prudent person in the conduct of competitive business (FAR 31.201-3).In conducting the reasonableness analysis, the Government will use one or more price analysis techniques including, but not limited to, those described in FAR 15.404-1.
A determination of an “unreasonable” price will render the proposal unawardable. In addition, proposals that have been assessed to be “unacceptable” in Technical Capability or Technical Risk are ineligible for award, and as a result, a reasonableness determination will not be made.
5.4.2 Cost Realism (Applies to Cost-Reimbursable/Cost Plus Award Fee Task Order CLINs)
The Offeror’s proposal will be assessed for cost realism; the assessment will analyze whether the proposed price is too low. Cost realism analysis is the process of independently reviewing and evaluating specific elements of each offeror’s proposed cost estimate to determine whether the estimated proposed cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the unique methods of performance and materials described in the Offeror’s technical proposal.
(FAR 15.404-1(d)(1)
The Offeror’s proposed costs as provided in the Cost/Price Volume will be evaluated using a cost analysis approach, which involves the Government’s review and evaluation of specific cost elements of the Offeror’s cost/price. The cost analysis will consider the Offeror’s proposed approach. Any proposed cost element may be adjusted upward, based upon the Governments analysis of each proposed cost element. The upward cost adjustments will result in the Government’s Most Probable Cost that will become part of the TEP calculation for best value consideration. Cost adjustments will consider instances such as, but not limited to:
o Weaknesses in the technical proposal that impact the costs.
o Missing costs that will likely be incurred for the contract with the proposed solution.
o Offeror-initiated unsubstantiated decrements to historical hours/costs.
It is the intent that all Most Probably Cost (MPC) adjustments will be upward; there will not be any downward adjustments. Excessive proposing of unwanted tasks and associated costs will NOT result in a probable cost adjustment, but may result in an unreasonableness determination.
A cost realism determination will not be made for proposals that have been assessed to be “unacceptable” in Technical Capability or Technical Risk.
5.4.3 Unbalanced Pricing (Applies to all contract line items) –
The Offeror’s proposal will be assessed for the presence of unbalanced pricing. Per FAR 15.404-1(g), unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques.
In addition, an unbalanced pricing determination will not be made for proposal that have been assessed to be “unacceptable” in Technical Capability or Technical Risk.
An offeror may be rejected if the SSA determines that the lack of balance presents an unacceptable risk to the Government.
5.5 Data Rights
The Government will verify the calculations as instructed in Section L and the verified total amount for data rights will be inserted into Table 5.2 for the Cost/Price Evaluation.
5.6 Insufficient Details
Insufficient details to support the determination of reasonableness, cost realism, or non-presence of unbalanced pricing, initially or subsequently, may be a consideration for excluding the Offeror’s proposal from the competitive range and further consideration for award. The burden of proof rests with the Offeror.
5.7 Consistency
The Government will compare the information the Offeror provides in the Model Contract to the information the Offeror provides in the Cost/Price volume to ensure the information in the former is identical to that in the latter. The Government reserves the right to determine that, if any inconsistency exists between the Model Contract and the Cost/Price volume, the Model Contract will take precedence. In the event there is inconsistency, the value in the Model Contract will be used in the TEP calculation.
6 Past Performance More information forthcoming in subsequent iteration of the draft RFP on Past Performance evaluation.
7 Contract Documentation
The proposal documentation contained in Volume IV of Section L will be reviewed to ensure all required documentation was provided in response to the solicitation, and the provided documentation will be relied upon to facilitate the CO’s determination of contractor responsibility, and to determine eligibility for award. This will include the review of actual or potential OCIs and other information required in Section L.
Prior to award, a determination will be made regarding whether any possible Organizational Conflicts of Interest (OCI) exist with respect to the apparent successful offeror or whether there is little or no likelihood that such conflict exists. In making this determination, the Contracting Officer will consider the representations required by Section K of this solicitation. An award will be made if there is no OCI or if any potential OCI can be appropriately avoided and mitigated.
7.1 Solicitation Requirements, Terms and Conditions
Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or subfactors. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being ineligible for award.
7.2 Professional Employee Compensation Plan
The Professional Employee Compensation Plan submitted in response to the solicitation will be evaluated in accordance with FAR clause 52.222-46. The Compensation Plan will be relied upon as one of the elements in determining if an offeror is responsible (IAW FAR 9.1) and will subsequently factor into the Contracting Officer’s determination of the apparent successful offeror’s eligibility for award.
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