Attachment 8-E.5 ADDENDUM TO FAR 52.212-2 EVALUATION _ COMMERCIAL PRODUCTS AND SERVICES.pdf

E.5 ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS

AND SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-2 as an addendum to this solicitation:

(a) The Government anticipates awarding a Single Labor Hour (LH) with Cost Reimbursement for Other Direct Costs (ODC’s) type contract resulting from this solicitation. FERC has the option to award contract to one responsible offeror whose quotation conforming to this solicitation and SOW, provides the best-value solution and will be most advantageous to the Government, price and other factors considered.

(b) The following factors shall be used to review offers:

E.5.1 EVALUATION FACTORS FOR AWARD

Quotes will be considered consistent with FAR 13.106.

FERC will identify strengths and weaknesses for each quotation. The Government intends to award a single task order resulting from this solicitation to one responsible offeror whose quote, conforming to the solicitation, provides the best-value solution to the Government. The best value determination will be based on a trade-off analysis of technical/non-price factors and price with technical/non-price evaluation factors being more important than price alone. The technical/non-price criteria, price criteria and best value determination approach are as follows:

E.5.2 EVALUATION CRITERIA

The Government intends to review quotes consistent with FAR 13.106. FERC will review quotes as a complete solution considering the benefits, risks and best value of the entire solution including exceptions.

For this RFQ, all non-price factors, when combined, are significantly more important than price. As non- price factors, when combined, become more equal, the reviewed price rises in importance and may become the determining factor. The Contracting Officer will determine what trade-off between the non- price factors and price provides the best value to the Government.

After the technical quotes are evaluated, the government will consider the respective offerors’ total price (base and options inclusive) in making a best-value determination. Consequently, an offer with a higher technical rating and a higher price may be selected for award if the government determines that the higher rated, more expensive offer is the best value. Conversely, an offer with a lower technical rating and lower price may be selected for award if the government determines that the less expensive offer represents the best value.

The review of the non-price factors will be based on the criteria identified as “Non-Price Factors”.

FERC will use the following three (3) factors to review quotes and make a best value trade-off determination (Factors are listed in descending order of importance):

• Factor 1: Evaluation of Organizational Conflict of Interest Mitigation Plan (Non-Price Factor)

• Factor 2: Technical (Non-Price Factor)

• Factor 3: Price (Price Factor)

Factor 1: Evaluation of Organizational Conflict of Interest Mitigation Plan/Non-Price Factors

The offeror’s Organizational Conflict of Interest (OCI) Mitigation Plan will be evaluated on whether the offeror has the appropriate procedures in place to avoid, mitigate, or neutralize an OCI. The offeror’s OCI mitigation plan will be evaluated on a pass/fail basis. An offeror that submits a plan that is unacceptable at the time of award will not be eligible for a contract award. (See Attachment 1-SOW Section 8.0)

Factor 2: Technical/Non-Price Factors

Technical Factors include the following factors:

• Understanding of the Need

• Technical /Management Approach

• Corporate Capability and Experience

• Past Performance

• Personnel Qualifications and Experience

• Non-Price Related Exceptions and Assumptions

• OCI Questionnaire, CEII NDA, FERC NDAs

Technical Capability: The Offeror’s technical capability will be evaluated on the demonstrated technical expertise, experience, and approach for accomplishing the requirements of the relevant SOW. The Offeror’s technical capability will be evaluated on the following subfactors:

• Technical/Management Approach - The Offeror’s technical/management approach will be evaluated on the demonstrated strategy for:

1) managing personnel and resources necessary to perform site inspections;

2) Managing personnel and resources necessary to perform site inspections, 2) managing and coordinating inspection schedules, and;

3) the management approach for quality assurance and quality control of all deliverables.

• Corporate Experience - The Offeror’s corporate experience will be evaluated on organizational capability, resources, recent and relevant corporate experience related to providing services similar to the requirements in the SOW. Offerors should provide three (3) examples of services similar to the requirements in the SOW within the last thirty-six (36) months.

• Personnel Qualifications and Experience - The Offeror’s key personnel and inspectors will be evaluated on the demonstrated technical knowledge, experience, and education necessary to accomplish the requirements set forth in the SOW.

Quotes with exceptions to the solicitation requirements may be determined to be non-responsive. The Government reserves the right to determine that an offer is non-responsive and no longer considered for award if the offer includes any exception that is unacceptable to the Government.

Factor 3: Price (Price Factor)

This refers to the total expected price of performing the requirements in the SOW. Price will be reviewed separately from the Technical Quotation. The Government will review offers for award purposes by adding the CLIN price to ensure that pricing is not unbalanced. The Government may reject any offer that is evaluated to be unrealistically high or low in price or reflects a failure to comprehend the complexity and risks of the work to be performed. The Government will review the offeror’s total proposed price to determine if the price is fair and reasonable.

Price quotes will be evaluated for completeness, accuracy, compliance with the instructions, consistency with the offeror’s technical approach demonstrating an understanding of the work to be accomplished.

Quotes with exceptions to the solicitation requirements may be determined to be non-responsive. The Government reserves the right to determine that an offer is non-responsive and no longer considered for award if the offer includes any exception that is unacceptable to the Government.

Minor Irregularities

The government reserves the right to waive minor irregularities in quotes.

Exchanges with Offerors

The Government intends to make an award based on initial submissions. However, after receipt of quotes, the Government reserves the right to request clarification or amplification of any aspects of quotes through an exchange process consistent with ordering procedures under FAR Subpart 8.405. These exchanges may also occur after initial evaluation, consistent with ordering procedures under FAR Subpart 8.405.

Price Discounts

Price discounts may be requested at any time even if the initial quotation included them. A price reduction does not constitute a revision in accordance with FAR 8.405-4.

Additional information

The Government may reject any offer that is evaluated to be significantly not compliant with the solicitation requirements or reflects a failure to comprehend the complexity and risks of the work to be performed.

(c) Options. The Government will review 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).

(d) 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 Addendum to 52.212-2)