Attachment 4 - Addendum to FAR 52.212-2.pdf

ATTACHMENT 4

Addenda to FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021)

The following is inserted as supplemental information to paragraph (a) of the provision:

“IAW FAR 12.301(c)(2) and the procedures stated in FAR 13.106-2, the Government will award a contract resulting from this solicitation to the responsible quoter whose quote meets or exceeds the requirements outlined in this solicitation and is most advantageous to the Government, price and other factors considered.

Evaluation Procedures: This will be a Best Value evaluation. Award will be made to the responder who provides the best overall value to the Government, considering both price and non-price factors. To be eligible for award, a responder must be deemed responsible in accordance with FAR 9.1, and their quote must meet or exceed the requirements outlined in the solicitation's requirements (to include all stated terms, conditions, representations, certifications, and all other information required under the Addendum to FAR 52.212-1, Instruction to Offerors, of this solicitation). The Government will evaluate quotes based on the evaluation factors/subfactors and will select the quote that represents the best balance of price, technical capability, and other factors, and provides the greatest overall benefit to the Government. Pursuant to FAR 13.106-1(a)(2)(iii), when using Simplified Acquisition Procedures, solicitations are not required to state the relative importance assigned to each evaluation factor;

however, the Government will consider all evaluation factors/subfactors in making the best value determination. The following factors shall be used in a comparative evaluation:

1) Price: At a minimum the CLIN structure outlined in this solicitation shall be completed. The proposed price shall be submitted in U.S. Dollars / EURO . The Unit Price must be rounded to the second decimal.

2) Technical Capability (Prior Experience and Technical & Management Approach): The Government’s technical evaluation team shall evaluate the proposal for technical acceptability on an acceptable or unacceptable basis, assigning one of the ratings described below for each technical sub-factor. Any sub-factor evaluated as “Unacceptable” will render the entire proposal unacceptable, and therefore will be unawardable. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

Although past performance may not be used as an evaluation factor, the projects submitted by the contractor to meet technical acceptability and information obtained from other sources available to the Government such as Contractor Performance Assessment Reporting System (CPARS) will be used as part of the responsibility determination made IAW FAR 9.104-1. The Government reserves the right to obtain information relative to present and past performance on its own.

Only those quotations that fully meet all submission and eligibility requirements as outlined in the RFQ will be considered responsive. Non-responsive offerors may be eliminated from consideration for award.

The Government intends to award a without discussions pursuant to FAR 13.106-2(b)(3) and FAR CLAUSE 52.212-1(g). Consequently, contractors are highly encouraged to provide their best technical and pricing quotes in their initial submissions. However, the Government reserves the right to communicate and/or conduct exchanges with any or all contractors submitting a technical and price quote, if it is determined advantageous to the Government to do so. This statement is not to be construed to mean that the Government is obligated to communicate with every Contractor. A contractor may be eliminated from consideration without further communication if its technical and/or pricing quotes are not among those contractors considered most advantageous to the Government based on a best value determination.”

EVALUATION FACTORS:

(A) Price.

a. The quote’s Total Evaluated Price (TEP) will be determined by the sum of all separately priced CLINs (see para “(d) Basis for Contract Award” below).

b. The offeror’s separately priced line items shall be analyzed to determine if prices are unbalanced.

c. The government reserves the right to perform a price realism analysis to determine whether quotes are so low/high they reflect a lack of technical understanding by the offeror. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its price realism analysis. If the Government elects to perform a price realism analysis and finds a proposal unrealistic, the Government may withhold award to that offeror.

d. The Government anticipates the award of a Single Firm Fixed Priced Contract, accordingly, the Contractor must submit firm-fixed prices and extended prices (i.e. Unit Price x Estimated Quantity) for every line item listed. The offeror must also provide a Total Evaluated Price for the overall performance period. All prices quoted should be inclusive of all labor, materials, and equipment necessary to successfully perform the services identified in this solicitation.

TABLE 1 – TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

(B) Technical Capability

Sub-factor 1 – Technical & Management Approach: The Government will evaluate the degree to which the technical and management approach demonstrates a thorough understanding of the requirements and provides a viable plan and means for successful completion, including Transition-in Plan, Overseas Staffing Plan, Overseas Personnel Placement and Retention Plan, Training (if applicable), Safety/Security protocols, and Quality Assurance Procedures.

Further, the Government will assess the offeror’s understanding of the work, including creativity and thoroughness shown in understanding the objectives of the Performance Work Statement (PWS) [ATTACHMENT 2] and specific tasks to include; A training syllabus,Course management, Training Facilities including rural and urban environments, and Realistic opposition forces.

The Government will gauge the offeror’s proposed ability to address anticipated potential problem areas and feasibility of solutions to problems. Accordingly, the quote’s demonstration and understanding of logistics, schedule, and any other miscellaneous issues in which the Government should be aware will also be assessed. Finally, the Government will evaluate the Contractor’s quality and effectiveness of the allocation of personnel and resources in an overseas operational location.

Sub-factor 2 – Relevant Prior Experience: The Government will evaluate the extent to which the Contractor’s previous experience with projects of a similar size, scope, and complexity demonstrate its capability to successfully perform the requirements of this solicitation. Moreover, the Government will assess the offeror’s relevant prior experience in ability to perform and/or appropriately Staff the requirements of this solicitation. [For the purposes of this solicitation, “relevancy” is defined as present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.]

The following is inserted as new paragraph (d) of the provision:

“(d) Basis for Contract Award: This procurement will be awarded to the offer that provides the best value to the Government, as determined by the Total Evaluated Price (TEP). In submitting their proposal, offerors acknowledge that they have reviewed and agree to comply with all requirements outlined in the solicitation, including terms and conditions, representations, and certifications, as well as the evaluation factors. While price is an important consideration, it is not the only factor; proposals will be evaluated on their overall value, and failure to meet any solicitation requirement may render an offer non-compliant and ineligible for award. The evaluation process will include the following:

(1) Price Evaluation Factor. The government will evaluate the offeror by price. The price evaluation will document the fairness and reasonableness of the TEP. In addition, the offeror’s separately priced line items shall be analyzed to determine if the prices are unbalanced in accordance with FAR 15.404-1(g). The government reserves the right to perform price realism analysis. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its price realism analysis. If the Government elects to perform a price realism analysis and finds a proposal unrealistic, the Government may withhold award to that offeror.

The Government intends to award a contract without discussions with respective offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost and price standpoint. The Government: however, reserves the right to conduct discussions if deemed in its best interest.”

(End of provision)