Attachment_3_Addendum_to_52.212-2_Evaluation.pdf

Attachment 3 - FAR 52.212-2 – Evaluation – Commercial Products and Commercial Services Addendum

ADDENDUM TO 52.212-2 Evaluation Criteria – Commercial Items

(a) The following is added to: 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:

1. The US Government (USG) intends to award one (1) firm-fixed-price (FFP), service-based contract resulting from this solicitation to the responsible Offeror whose offer conforming to the Request for Proposals (RFP) is the most advantageous to the USG, price and other factors considered. To receive a contract award, the Offeror must be deemed responsible per FAR Part 9, conform to all required terms and conditions, and represent the best value subjective tradeoff to the USG, price, and other factors considered.

2. Evaluation Methodology: Best value subjective tradeoff will be determined per the parameters established within the Military Cargo Preference Act of 1904 and per FAR Part 12, FAR Part 15, and FAR Part 47 as supplemented. The USG intends to award one (1) contract to the Offeror in the highest Voluntary Intermodal Sealift Agreement (VISA) participation priority of Department of Defense Instruction (DODI) 4500.57, Transportation and Traffic Management, paragraph 6.4 that demonstrates the best value subjective tradeoff to the USG within these parameters, fully conforms to the solicitation requirements, is technically acceptable, represents a complete, reasonable, and not unbalanced price;

and has been determined responsible.

3. The USG intends on utilizing a tiered or gated approach as described in Appendix D of the DoD Source Selection Procedures. All offers will be evaluated first for Factor 1, Flag Vessel Designation and VISA Participation Priority.

The government will sort all offers by ratings set forth in the DoDI 4500.57, Transportation and Traffic Management, paragraph 6.4, from highest participation priority (priority A) to lowest participation priority (priority G). The government will then evaluate the highest rated Offerors for Factor 1 – Flag Vessel Designation and VISA Participation Priority for Factor 2 –Technical (including subfactors) and Factor 3 – Price. After reviewing all offerors in the most highly rated priority category for Factor 1 – Flag Vessel Designation and VISA Participation Priority, if there is an Offeror that is rated technically acceptable and found to be reasonably priced, the Government reserves the right to eliminate any offerors with a lower Factor 1 rating from further consideration and notify them in accordance with FAR 15.503(a) (1).

4. The USG shall make an award using best value subjective tradeoff approach as follows:

1) FACTOR 1 – Flag Vessel Designation and VISA Participation Priority

2) FACTOR 2 - Pituffik Sealift Technical, with three (3) subfactors:

Subfactor 1 – Vessel Profile Subfactor 2 – Polar Code Compliance Subfactor 3 – Cargo Security and Protection

3) FACTOR 3 – Price

5. The USG seeks to award to the Offeror, who, in the USG’s estimation, provides the best value subjective tradeoff in response to the requirement. By submission of its offer, the Offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet any requirement may make an offer technically Unacceptable.

6. Offerors must identify any exception to the solicitation terms and conditions and provide a complete accompanying rationale. Offerors are reminded that the USG shall only evaluate one proposal from each Offeror.

7. The USG intends to award without discussions but reserves the right to enter into discussions with Offerors after receipt of proposals if required.

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8. The USG shall treat all pricing information as confidential and used only by evaluation team members for purposes required to award a contract. This information shall be used only for the intended purpose, and under no circumstances shall the information be given to any other contractor without the owner's written consent or as required by the Freedom of information Act.

9. The USG reserves the right to make an award based on the offeror’s initial proposal. Therefore, the Offeror's initial proposal should contain their best terms from a price, and technical standpoint.

10. 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 USG 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 the award.

1. VOLUME 1: Contract Documents All contract documents requested in Addendum to 52.212-1 will be assessed for completeness to ensure they 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.

2. VOLUME 2: Pituffik Sealift Self-Scoring Worksheet.

EVALUATION FACTORS. The evaluation process shall proceed as follows:

1. Evaluation Process Description.

The USG will review the Pituffik Sealift Self-Scoring Worksheet (PSSSW) to ensure all offerors complied with the instructions contained therein and filled in all relevant inputs on the Offerors Input tab; and did not otherwise alter the document. Any Offeror who’s PSSSW submission includes significant errors in data entry and/or altered content other than blue colored cells designated for Offeror’s Input may not be evaluated and may be removed from further consideration.

All offers will be evaluated first for Factor 1, Flag Vessel Designation and VISA Participation Commercial Priority. The government will sort all offers by ratings set forth in the DoDI 4500.57, Transportation and Traffic Management, paragraph 6.4, from highest participation commercial priority (priority A) to lowest participation commercial priority (priority G). The government will then evaluate the highest rated offerors for Factor 1 – Flag Vessel Designation and VISA Participation Commercial Priority for Factor 2 – Technical (including subfactors) and Factor 3 – Price. After reviewing all Offerors in the most highly rated priority category for Factor 1 – Flag Vessel Designation and VISA Participation Commercial Priority, if there is an Offeror that is rated technically acceptable and found to be reasonably priced, the Government reserves the right to eliminate any offerors with a lower Factor 1 rating from further consideration and notify them in accordance with FAR 15.503(a)(1).

Factor 1, Vessel Profile and VISA Participation Priority Eligibility. Offerors shall be evaluated and must fulfill all the criteria in the Addendum to 52.212-1, Factor 1 – Flag Vessel Designation and VISA Participation Commercial Priority Eligibility. If an Offeror is deemed ineligible, then the Technical and Price Volumes will not be evaluated, and the proposal will be considered unawardable. If an Offeror is deemed eligible, then further evaluation may be conducted for the Technical and Price Volumes consistent with the tiered approach described above.

For all offerors most highly rated in Factor 1, Proposals will be evaluated on the remaining two (2) factors: Factor 2 - Technical, and Factor 3 - Price.

Factor 2, Technical, consists of three (3) Subfactors. Each Subfactor will be evaluated and assigned a rating of either “Acceptable” or “Unacceptable” as described in the Table below.

Factor 2 - Technical Ratings

Factor 3, Price, will be evaluated for completeness and reasonableness, and not unbalanced.

1. Factor 1 – Flag Vessel Designation and VISA Participation Commercial Priority Eligibility.

The USG will evaluate the Offeror’s submitted responses in the PSSSW to determine how well it meets the Pituffik Sealift PWS requirements and ensure that the proposed documentation demonstrates the Offeror’s proposed vessel is a U.S.-flag vessel organized under the laws of a State of the United States or the District of Columbia; or documentation that demonstrates the Offeror’s proposed vessel is foreign-owned or foreign-operated flag vessel.

The USG will evaluate the Offeror’s proposed documentation to determine how well it meets the Pituffik Sealift PWS requirements and ensure that the documentation indicates the current Voluntary Intermodal Sealift Agreement (VISA) participation commercial priority. United States Transportation Command (USTRANSCOM) shall verify the VISA participant status of the Offerors by validating enrollment with the Maritime Administration (MARAD) as applicable.

USTRANSCOM will validate the proposed VISA enrollment with MARAD and is current at the time of proposal submission if the Offeror is a VISA participant. For VISA affiliate and subsidiary companies, USTRANSCOM will similarly verify the VISA participant status of the parent company.

For those Offerors deemed eligible, they shall then be ranked in order of precedence by VISA participation Commercial Priorities per DoDI 4500.57, paragraph 6.4:

a. U.S.-flag vessel capacity operated by a VISA participant and U.S.-flag Vessel Sharing Agreement (VSA) capacity of a VISA participant.

b. U.S.-flag vessel capacity operated by a VISA non-participant.

c. Combination of U.S.-flag and foreign-flag vessel capacity operated by a VISA participant and combination U.S.-flag and foreign-flag VSA capacity of a VISA participant.

d. Combination of U.S.-flag and foreign-flag vessel capacity operated by a VISA non-participant.

e. U.S.-owned or -operated foreign-flag vessel capacity and Vessel Sharing Agreement (VSA) capacity of a VISA participant.

f. U.S.-owned or -operated foreign-flag vessel capacity and VSA capacity of a VISA non-participant.

g. Foreign-owned or -operated foreign-flag vessel capacity of a VISA non-participant.

In order to be deemed eligible for Factor 1, the Offeror must meet the requirements of one (1) of the VISA participation Commercial Priorities. The government will utilize a tiered, or gated approach as described in Appendix D of the DoD Source Selection Procedures. All offerors will be evaluated first for Factor 1, Flag Vessel Designation and VISA Participation Commercial Priority. The government will sort all offers by ratings set forth in the DoDI 4500.57, Transportation and Traffic Management, paragraph 6.4, from highest participation commercial priority (priority A) to lowest participation commercial priority (priority G). The government will then evaluate the highest rated offerors for Factor 1 – Flag Vessel Designation and VISA Participation Priority for Factor 2 – Technical (including subfactors) and Factor 3 – Price. After reviewing all offerors in the most highly rated priority category for Factor 1 – Flag Vessel Designation and VISA Participation Commercial Priority, if there is an offeror that is rated technically acceptable and found to be reasonably priced, the Government reserves the right to eliminate any Offerors with a lower Factor 1 rating from further consideration and notify them in accordance with FAR 15.503(a) (1). The lowest price will receive the highest ranking in each priority. Price will be evaluated in Factor 3.

Rating Description Acceptable Proposal meets the requirements of the solicitation

Unacceptable Proposal does not meet the requirements of the solicitation.

In the event there are no awardable offers in a higher priority category for Factor 1, preference within Commercial Priority category “g” “Foreign-owned or -operated foreign-flag vessel capacity of a VISA non-participant” will be given to Danish and Greenlandic owned or operated vessels.

The USG reserves the right to request waivers to the Military Cargo Preference Act of 1904 if they cannot determine the Offeror's prices to be complete, reasonable, and not unbalanced. If a waiver or waivers are approved, the government shall select Offerors from the next highest VISA category per the order of precedence.

2. Factor 2 – Technical. Technical will be rated either Acceptable or Unacceptable based upon ratings in three (3) subfactors. In order to be rated Technically Acceptable, all subfactors must be rated “Acceptable”. Any Unacceptable rating in any Subfactor will result in an overall rating of Unacceptable for Factor 2 – Technical.

(a). Subfactor 1 – Vessel Profile.

1) The USG will evaluate the offeror’s responses in the PSSSW and supporting documentation will be evaluated to ensure;

a) The Offeror will promptly advise the Contracting Officer in the event of any changes or updates to the FACTOR 1 nominated vessel profile, ownership and/or control, and certification status that take place within the period of performance; and

b) The offeror intends to maintain the same flag registry and VISA participation status as indicated in FACTOR 1 for the entire period of performance, and that any changes to either flag registry or VISA participation status will be promptly communicated to the Contracting Officer; and

c) The offeror’s vessel nominated in FACTOR 1 is capable of independently onloading and offloading cargo at Pituffik SB for all cargo types described in the Performance Work Statement (PWS) paragraph 6.1.2.; and that the requested evidence provided onboard cranes specifications that are suitable to accomplish onloading and offloading operations; and

d) The offeror’s vessel nominated in FACTOR 1 is capable of shipping/transporting all cargo types listed in PWS paragraph 6.1.2.; and that the offeror’s ship pocket plan or evidence of cargo capacity for the proposed voyages are suitable to accomplish sealift cargo transportation for the Pituffik SB requirement.

(b). Subfactor 2 - Polar Code Compliance:

1) The USG will evaluate the offeror’s responses in the PSSSW and supporting documentation will be evaluated to ensure;

a) The Offeror’s proposed vessel nominated in Factor 1 is compliant with the Polar Code in adherence to the International Code for Ships Operating in Polar Waters (Polar Code). Reference Marine Environment Protection Committee (MEPC), 68th Session, 21, Add.1, Annex 10. (MEPC 68/21/Add.1, Annex 10); and that the assertion is supported by evidence of issuance of a Polar Code Certificate.

(c) Subfactor 3 - Cargo Security and Protection.

1) The USG will evaluate the offeror’s responses in the PSSSW and supporting narrative descriptions will be evaluated to ensure;

a) The offeror has an acceptable approach to protect and secure cargo from loss, theft, and/or any other damage, and includes adequate cargo protection against inclement or unusually severe weather; and

b) The offeror has an acceptable approach to provide security and protection of cargo at the origin storage, port(s) in Denmark

3. Factor 3 - Price

To be evaluated for Factor 3, Price, the Offerors must be eligible in Factor 1 and technically acceptable in Factor 2 (to include all subfactors). For Factor 3, Offerors will be rated as their total evaluated price (TEP). Factor 3, Price, shall use a TEP methodology to determine the best value Offeror for the contract award. The TEP will be calculated as the sum of all CLINS 0001 through 20004 (12 Total CLINS) as indicated in the SF1449 and PSSSW Offeror Input tab. The USG shall evaluate the proposal prices for completeness, reasonableness, and balanced pricing. To ensure complete and reasonable pricing, the USG shall evaluate all proposed rates using price analysis by one (1) or more of the techniques outlined in FAR Part 15.404-1. Reasonableness may be determined by comparing prices submitted by the competition, current market conditions, comparison to the Government estimate, or utilization of any other price analysis technique identified in FAR 15.404-1(b).

Any rates which appear to be not available at a complete and reasonable rate for commercial vessels of the United States will undergo further evaluation per the Secretary of Defense Delegation memorandum entitled, Delegation of Authority under the Cargo Preference Act and the Tanker Security Fleet Program, dated 25 Aug 21.

The USG reserves the right to request waivers to the Military Cargo Preference Act of 1904 if they cannot determine the Offeror's prices to be complete, reasonable, and not unbalanced. If a waiver or waivers are approved, the government shall select Offerors from the next highest VISA category per the order of precedence.

The USG shall use the procedures at FAR provision 52.225-17, Evaluation of Foreign Offerors, when evaluating an Offeror that contains a foreign currency.

(End of provision)