Attachment 3 FAR 52.212-2.pdf

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) Basis for Contract Award. The Government intends to award one Firm Fixed Price contract for this competitive acquisition. Award will be made to the technically acceptable offeror with the lowest evaluated price who is deemed responsible in accordance with FAR 9.104 and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. Unless specifically identified in your proposal, by submission of its offer, the Offeror accedes 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 a requirement may result in a proposal being determined ineligible for award. It is the Government’s intent to evaluate proposals and award a contract IAW FAR 13.106. FAR Part 15 based evaluations will NOT be used for this acquisition.

The initial proposal should contain your best terms; however; the Government reserves the right to conduct exchanges if determined necessary by the Contracting Officer to resolve issues such as technical, price, etc., or deal with contract documentation including any other matter in the evaluation process. The contracting officer reserves the right to award a contract without the opportunity to revise proposals.

1.0 Evaluation Process. The Government may consider, throughout the evaluation, the “correction potential” of any proposal. The judgment of such “correctional potential” is within the sole discretion of the Government. If any aspect of an offeror’s proposal does not meet the Government’s requirements and is not considered correctable, the offer may be ineligible for award. The Government may determine one or a few offerors have the highest potential to provide the best value to the Government. All technically acceptable proposals shall be treated equally except for their cost/price record. Only proposals rated technically acceptable are eligible to receive an award.

1.1 Proposals. The Government will rank proposals based on an initial assessment of offeror’s total evaluated prices, followed by a full evaluation of Technical Acceptability, and Price Reasonableness as follows:

1.2 Technical Evaluation. If the Government receives three (3) or fewer proposals all proposals will be evaluated for Technical Acceptability. If the Government receives three (3) or more proposals the

Government will only select the three (3) lowest priced proposals and then evaluate them for Technical

Acceptability. The Government reserves the right to evaluate additional proposals for technical acceptability if in the Government’s best interest. If additional proposals are evaluated for technical acceptability they will be selected in the order of total evaluated price.

1.3 Acceptability Ratings. The evaluation factors listed below will be evaluated and receive one of the following ratings:

(i) Acceptable – The proposal clearly meets the minimum requirements of the solicitation.

(ii) Unacceptable – The proposal does not clearly meet the minimum requirements of the solicitation.

1.4 Evaluation of Factors. Only technically acceptable proposals are eligible for award. The Government will evaluate the proposals, selected in paragraph 1.2, for technical acceptability on an

Acceptable/Unacceptable basis. For the technical proposal to be rated as “Acceptable”, all technical sub factors must be rated acceptable. If anytechnical sub factor is rated “Unacceptable”, the overall proposal will be rated as “Unacceptable”. Each proposal will be evaluated under two evaluation factors:

a. Factor 1: Technical

1. Sub Factor 1: Technical Approach/Capability

b. Factor 2: Price

2. Factor 1 - Technical Factor Evaluation will assess the offeror’s capability to satisfy the

Government’s minimum requirements. Each offeror’s ability to perform the work set forth in the SOW will be evaluated on the basis of their knowledge and understanding of the work.

a. Sub Factor 1—Technical Approach/Capability: will be evaluated based on the offeror’s meaningful description of how the offeror plans to fulfill the requirement.

3. Factor 2 – Price. Rank by Total Evaluated Price, as submitted. The Government will rank all proposals by the initially proposed total evaluated price, from lowest to highest, including all options. An offeror’s proposed estimated price will be determined by multiplying the estimated quantities by the proposed unit price for each CLIN. The extended amount for each CLIN will be totaled to obtain the estimated total for each performance period. The Total Evaluated Price consists of the base and all options. The Government may determine that an offer is unacceptable if the “option period” prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

The Government will conduct a complete price analysis of the technically “Acceptable” offer with the lowest evaluated price, to determine if proposed prices are reasonable and balanced. All proposed prices for all contract periods will be evaluated for reasonableness, which may be determined based on prices submitted by the competition, historical pricing, current market conditions, comparison to the

Independent Government Estimate, and/or other proposal analysis techniques. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

Award will be made to the lowest price technically acceptable offer unless the price is so low as to be unreasonable. The Government may determine that a proposal is unacceptable if the price offered is so low that it is determined that the offeror cannot accomplish the level of services promised in the technical proposal for the prices offered in the cost proposal. Offerors offering unique cost saving initiatives should fully explain their cost methodology to substantiate their ability to perform at the prices offered.

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)