DOL131RP21703-0001.pdf

5. PROJECT NO.

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC-

KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

0001 05-30-2013 266-139N-1446

OASAM Office of Procurement Services

U. S. Department of Labor

RM S4307

200 Constitution Ave., NW

Washington DC 20210

OASAM Office of Procurement Services

U. S. Department of Labor

RM S4307

200 Constitution Ave., NW

Washington DC 20210

To all Offerors/Bidders DOL131RP21703

X 05-28-2013

X X

X 1

The purpose of Amendment 0001 is to add the closing dates for Q&A and Past Performance, add Past Performance Questionnaire form

(Attach 5), DOL Small Business Subcontracting Goals (Attach 4) form, and DOL Subcontracting Plan Summary Sheet (Attach 3), and revised Addendum to 52.212-1 under Section L and Section M to add the technical evaluation rating scheme, the past performance evaluation rating scheme, and Evaluation Rating Scheme of the overall proposal’s risk.

Submission of Questions to the RFP DOL131RP21703 must be emailed to lariba.carmelita.c@dol.gov.

Closing date of Q&A: June 7, 2013, 4:00 PM EST. Telephonic questions will not be entertained.

Complete Past performance Questionnaire/Information must be emailed to lariba.carmelita.c@dol.gov.

Closing date of Past Performance: July 3, 2013, 4:00 PM EST.

The proposal closing date remains unchanged at July 3, 2013, 4:00 PM EST.

CARMELITA C. LARIBA

Contracting Officer mailto:lariba.carmelita.c@dol.gov

DOL131RP21703-0001

CONTINUATION PAGE

A.2 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

0001 - 4004 See Schedule See schedule

SHIP TO : SOL, MALS

US Department of Labor

200 Constitution Avenue, NW, N2427

Washington, DC 20210

MARK FOR: Kimberly Stallings

Addendum to 52.212-1 GENERAL OFFER SUBMISSION INSTRUCTIONS

Offers are due to the government at the date and time identified in block 8 on page 1 of this solicitation. Offers are to be delivered to the email address shown in block 7a on page 1 of this solicitation. It is contemplated that one Firm Fixed Price single award will be awarded as a result of this solicitation. Electronic submission of offers is permitted for this RFP. Offers shall be submitted via email to the email address in block 7.a of the SF1449. It is the responsibility of the submitter to ensure that the offer is received at that email address by the date and time identified in block 8 on page 1 of this solicitation.

Formatting

The submission shall be clearly indexed and logically assembled in either Adobe Acrobat PDF files or Microsoft Excel files, as applicable. Each volume shall be appropriately numbered and clearly identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page. A Table of Contents should be provided. Adobe Acrobat PDF files shall use the following page setup parameters.

Margins – Top, Bottom, Left, Right – 1”

Gutter – 0”

From Edge – Header, Footer – 0.5”

Page Size, Width – 8.5”, Height – 11”

The following additional instructions apply: Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. New Times Roman fonts are required. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

Offerors must submit four separate files (volumes). The files are:

I. Technical Proposal

II. Past Performance

III. Subcontracting Plan

IV. Price

The page limitations for each are as follows:

Proposal Part Page Count

Volume I Technical

Proposal

The text of the technical narrative is Not To Exceed (NTE)

60 pages. Excluding from this 60 page limit are covers, title pages, executive summaries, table of contents, the resumes, letters of intent, certifications, licenses, and charts.

Volume II Past Performance NTE 15 pages with same exclusions of the page limit as

Volume 1 Technical Proposal.

Volume III Subcontracting

Plan

NTE 10 pages with same exclusions of the page limit as

Volume 1 Technical Proposal.

Volume IV Price Unlimited

Those pages that exceed the page counts for each Volume will not be evaluated and will be determined non-responsive. Non-responsive proposals will no longer be considered for further evaluation for award under Non-price and Price factors, All information shall be confined to the appropriate volume. The Offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. Volumes I and II of the proposal shall include a Table of Contents, Summary Section and the Narrative discussion. The

Summary Section shall contain a brief abstract of the volume. Proprietary information shall be clearly marked.

Questions concerning this RFP must be submitted via e-mail, referencing RFP Number

DOL131RP21703 in the Subject Line of the email, to the email address in block 7.a no later than the date and time listed in Block 7.b of the SF1449. Questions will not be answered verbally.

All responses will be posted via FBO. Questions received less than three days before the closing date of the solicitation may not receive a response before the closing date.

The proposal submitted in response to this request may contain data (trade secrets; business data

(e.g., commercial information, financial information, cost and pricing data); and technical data) which the Offeror does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted; provided, that the

Government determines that the data is not required to be disclosed under the Freedom of

Information Act, 5 U.S.C. 552, as amended, and the offeror or offeror marks the cover sheet of the proposal with the following statements, specifying the particular portions of the proposal which are to be restricted:

"Unless disclosure is required by the Freedom of Information Act, 5 U.S.C. 552, as amended, (the Act) as determined by officials of the Department of Labor (DOL), data contained in the portions of this proposal which the offeror or offeror has specifically identified by page number, paragraph, etc. as containing restricted information shall not be used or disclosed except for evaluation purposes. The offeror or offeror acknowledges that DOL may not be able to withhold a record (e.g. data, document, etc.) nor deny access to a record requested pursuant to the Act. The offeror or offeror hereby agrees that the

Government is not liable for disclosure if DOL has determined that disclosure is required by the Act. If an award is made to the offeror or offeror as a result of, or in connection with, the submission of this proposal, the Government shall have right to use or disclose the data to the extent provided in the contract or order. Proposals not resulting in an award remain subject to the Act. The offeror also agrees that the Government is not liable for disclosure or use of unmarked data and may use or disclose the data for any purpose, including the release of the information pursuant to requests under the Act. The data subject to this restriction are contained in pages (insert page numbers, paragraph designations, etc. or other identification)."

(2) In addition, the offeror must mark each page of data it wishes to restrict with the following statement:

"Use or disclosure of data contained on this page is subject to the restriction on the cover sheet of this proposal or quotation."

(3) Offeror or offerors are cautioned that proposals submitted with restrictive statements or statements differing in substance from those cited above may not be considered for award. The

Government reserves the right to reject any proposal submitted with a nonconforming statement(s).

Proposals must be submitted with all required documents stated in this solicitation to be considered responsive for further evaluation for award under the non-price factors.

Non-responsive proposals, without all the required documents stated in the solicitation or lack of required documents stated in the solicitation will not be considered for further evaluation under the non-price factors.

Proposals must be evaluated technically acceptable to be considered for further evaluation for award under the factor, Price.

Proposals that are evaluated technically unacceptable will not be further considered for further evaluation for award under the factor, Price.

L.2 TECHNICAL PROPOSAL INSTRUCTIONS

VOLUME 1. TECHNICAL shall contain the Offeror’s Technical Proposal. The proposal shall provide a detailed description of the offeror’s planned approach for training. The approach must address the following elements:

Subfactor (a) Corporate Experience and Technical Capability Plan - The Offeror shall submit with its technical proposal its Corporate Experience and Technical Capability Plan.

i. The Offeror shall describe proposed key personnel; identification of trainers

(permanent and non-permanent); and submit a staffing plan addressing how it will meet the Government’s requirements in different places of performance nationwide.

ii. The Offeror shall submit resumes for each proposed staff (permanent or non-permanent) that includes a description of legal, teaching or other experience and current certifications relevant to the performance of the services in the SOO.

Resumes or other supporting documentation shall describe the staff’s analytical skills, interpersonal skills, problem-solving skills, research skills, speaking skills, and writing skills. It is recognized that individual staff may have strengths in some but not all of the skills referenced above. In addition to the resume, for each staff the Offeror shall provide information regarding awards and recognition of the staff as recognized experts and trainers with multiple years of experience. If Offerors intend to provide services in the SOO by using non-permanent staff, letters of intent must be submitted showing the proposed non-permanent staff are willing to work for the Offeror with respect to this

Solicitation. The Government retains the right to approve the selection of the non-permanent staff identified by the Offeror.

iii. The Government’s minimum requirement for trial advocacy training staff -permanent and non-permanent - is a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA), admission in one or more state bars, and minimum experience of 10 years, of which 5 years are in a teaching capacity environment. The teaching experience required of staff providing the services in the SOO need not be based on full-time teaching but must be based in a teaching capacity environment performing comparable training.

iv. The Offeror shall describe its litigation training programs and methods of advocacy training, which describe topics from initial case planning through trial and the results of advocacy training. The Offeror shall also describe consulting experience, publications or distance learning programs, if applicable. The

Offeror shall define its technical capability in meeting the Government’s requirements, providing examples of current experience performing similar services in a similar environment. Trial advocacy training includes, but is not limited to pre-trial preparation such as case analysis; written discover taking and defending depositions; motions practice; courtroom presentation; including opening statements; direct/cross examination of lay and expert witnesses;

making and meeting evidentiary objections; handling documentary evidence, and closing arguments; writing persuasive motions and briefs; preparing and conducting settlement negotiations/mediation and/or alternative dispute resolution; handling appeals, including appellate brief writing and oral argument; use of technology for management of evidence and for presentation of evidence at trial; investigatory techniques; and coaching/mentoring techniques for supervisors providing performance feedback to attorneys.

Subfactor (b) Contractor training facilities and resources - The Offeror shall describe its proposed training facility and resources that will be utilized to deliver services defined in the

SOO with place of performance nation-wide.

Volume 1 will be evaluated per the instructions set forth in Section M.1(a).

The Government will evaluate responsive proposals that submitted all required documents stated in the solicitation using below Technical Evaluation Rating Scheme.

ADJECTIVAL DEFINITION

Outstanding The proposal meets all solicitation requirements and exceeds a significant number of requirements in ways that are expected to benefit the Government. There are no deficiencies or significant weaknesses. Any other weaknesses are outweighed by strengths.

Good The proposal meets all solicitation requirements and exceeds a few requirements in ways that could be expected to benefit the Government. There are no deficiencies, but there may be one or more weaknesses that are outweighed by strengths.

Acceptable The proposal meets all solicitation requirements.

Unacceptable

The proposal fails to meet one or more material solicitation requirements.

VOLUME 2. PAST PERFORMANCE VOLUME INSTRUCTIONS

Volume II shall contain the Offeror’s Past Performance. This Volume shall be organized into the following sections:

1. Contract Descriptions.

This section shall include the following information in the following format:

a. Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization

(name, and current address, e-mail address, and telephone and fax numbers);

b. Government contracting activity, and current address, Procuring Contracting Officer's name, e-mail address, telephone and fax numbers;

c. Government’s technical representative/COR, and current e-mail address, telephone and fax numbers.

d. Government contract administration activity and the Administrative Contracting

Officer's name, and current e-mail address, telephone and fax numbers;

e. Government contract administration activity's Pre-Award Monitor's name, and current e-mail address, telephone and fax numbers;

f. Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers also;

g. Contract Type (specific type such as Fixed Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.) In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc));

h. Awarded price;

i. Final or projected final price;

j. Original delivery schedule, including dates of start and completion of work; and

k. Final or projected final delivery schedule, including dates of start and completion of work.

2. Performance.

Offerors shall provide a specific narrative explanation of each contract listed in Section 1 describing the objectives achieved and detailing how the effort is relevant to the requirements of this solicitation.

For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. Offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All

Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. Offerors shall also provide a copy of any Cure Notices or Show Cause

Letters received on each contract listed and a description of any corrective action implemented by the Offeror or proposed subcontractor. Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

3. New Corporate Entities.

New corporate entities may submit data on prior contracts involving its officers and employees.

However, in addition to the other requirements in this section, the Offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in Section L.3.

4. Past Performance Questionnaire.

Offerors shall complete Part I of the Past Performance Questionnaire and e-mail the questionnaire to the Government and private sector technical representative responsible for the past/current contract. The POCs shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contract Specialist, at lariba.carmelita.c@dol.gov. Offerors shall also e-mail to the Contract Specialist a list of all the

POCs who were sent a questionnaire. The Government must receive this list no later than the date stated under paragraph 8, page 1 of this solicitation. The POC List shall be submitted in

Word for Windows Table Format to include the following fields: Solicitation Number; Company

Name; Contract Number; Government Agency; POC Last Name, First Name; POC Title; POC

Telephone Number; POC E-Mail Address; Date E-Mailed to POC (month/day). Please note, that the Past Performance Questionnaire will not be a part of the resultant contract.

As provided in FAR 15.608(a)(2), past performance information may also be obtained from other sources known to the Government.

The Offeror may provide information on problems encountered on the identified contracts and offeror’s corrective actions.

PAST PERFORMANCE EVALUATION RATING SCHEME.

The Government will evaluate past performance using the ratings and definitions provided in the table below, based on the past performance information provided by the Offeror’s customers.

Each Offeror will receive one of the ratings described below for the Factor 2 Past Performance.

For each performance element identified below, references should evaluate performance of the firm or individual identified in Part 1 of this form. Where the reference lacks sufficient information to provide an evaluation for a particular performance element, this should be noted.

Where any deficiency or unfavorable information is identified, the reference should identify any mitigating factors that may weigh in favor for the person/firm on whose behalf the reference is provided (i.e., problems due to causes outside the contractor’s control). An individual within your organization that is knowledgeable of the contractor’s day-to-day operations and overall performance should complete this questionnaire. However, that individual is encouraged to supplement their own knowledge of the contractor’s performance with the judgment of others within their organization, as applicable.

The following chart depicts the ratings that are to be used to evaluate the contractor’s Past

Performance:

Rating Definition

E EXCEPTIONAL. Performance meets contractual requirements and exceeds many

.requirements. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

VG VERY GOOD Performance meets contractual requirements and exceeds some

(requirements). The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

S SATISFACTORY Performance meets contractual requirements. The performance of the element being assessed contains some minor problems for which corrective actions taken by the contractor appear or was satisfactory.

M MARGINAL Performance does not meet some contractual requirements.

The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.

U UNSATISFACTORY Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element being assessed contains serious problems(s) for which the contractor’s corrective actions appear or were ineffective.

N NOT APPLICABLE Unable to provide a score. Performance in this area is not applicable to effort assessed.

VOLUME 3. SUBCONTRACTING PLAN INSTRUCTIONS

The Small Business Subcontracting Plan is only applicable to large businesses submitting proposals for this solicitation.

The large business offeror shall complete a Small Business Subcontracting Plan in accordance with FAR part 52.219-9, Alternate II and the attached Subcontracting Plan Summary Sheet. Per the Summary Sheet, goals shall include percentage and dollar goals to be subcontracted for overall small business and sub-categories of small business with a separate part for the basic contract and separate parts for each option. The Plan should provide detailed explanation/documentation supporting the proposed participation percentages. The minimum subcontracting goals for this procurement are a percentage of the large Offeror’s total acquisition value listed in its proposal for the following categories of small businesses:

1. Small Business (SB):

2. Small Disadvantaged Business (SDB):

3. Women-Owned Small Business (WOSB):

4. Historically Underutilized Business Zone Small Business (HUBZone):

5. Veterans-Owned Small Business (VOSB):

6. Service Disabled Veterans owned small business (SDVOSB):

*NOTE: Total acquisition value equals the cumulative dollars obligated on the contract.

Progress will be assessed by the contracting officer at the end of the base period, each option period, and at the completion of the contract. Because SDB, WOSB, HUBZone, SDVOSB are sub-categories of small business, a firm can be counted in more than one category. For example, if a participation plan reflects 9% of the contract value for a Woman-Owned Small

Business, the WOSB would also count towards the overall goal of “Small Business”.

For large business Offerors that are having difficulty with getting their subcontractors (such as individual trainers) acknowledged by the U.S. Small Business Administration certified as a

“small business” or some other subcategory of “small business,” please go to the System for

Award Management (SAM) to get the subcontractor certified as “small” at www.sam.gov. In addition, for large business Offeror to confirm that their subcontracting party is a small business, they can go to the Dynamic Small Business Search

(http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) to confirm their subcontracting entities’ status.

Volume 3 will be evaluated per the instructions set forth in Section M.1(c).

Subcontractors identified in the Subcontracting plan shall not be changed or replaced without prior acceptance from the Contracting Officer, after award.

VOLUME 4. PRICE VOLUME INSTRUCTIONS

Volume 4 shall contain the signed and dated SF 1449, Offeror’s Price Proposal and must include the following Price Breakdown under Section J. attachments 1 and 2, completed with the

Offeror’s pricing for training at the Offeror’s proposed facility and for training at a DOL

Regional or National location where DOL would absorb the cost of the training space:

Recommended Spreadsheet for Breakdown of Price is under Section J.

“Template for Pricing for Trial Advocacy Procurement”

Volume 4 will be evaluated per the instructions set forth in Section M.1(d).

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a Firm Fixed Price 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 using the Trade Off procedures. The following factors shall be used to evaluate offers:

EVALUATION CRITERIA

a. Volume I - Technical

The proposed approach submitted in response to the instructions in Section L.2 shall be evaluated according to the following subfactors.

Subfactor (a) Corporate Experience and Technical Capability Plan - The Offeror’s

Corporate Experience and Technical Capability Plan shall be evaluated in the following manner:

Submission of required documents identified in Section L.2 Technical proposal instructions.

i. Subfactor (a)(i) will be evaluated to ensure that the Offeror’s key personnel and trainers (permanent and non-permanent) are identified and to see whether the proposal addresses how it will meet the Government’s requirements in different places of performance nationwide.

ii. Subfactor (a)(ii) will evaluate the Offeror’s identified staff (permanent and non-permanent) resumes and other submitted information to determine the quality of the proposed staff.

iii. Subfactor (a)(iii) will evaluate the Offeror’s proposed trial advocacy training staff to determine whether each proposed staff (permanent and non-permanent) member has a Juris Doctor (J.D.) degree from a law school accredited by the

American Bar Association (ABA); admission in one or more state bars; and minimum experience of 10 years, of which 5 years are in a teaching environment.

iv. Subfactor (a)(iv) will evaluate the Offeror’s Proposal as it relates to its litigation training programs based on the breadth and depth of the various programs that the vendor can provide under this Solicitation and the amount of experience the vendor has with this particular type of training.

Subfactor (b) Contractor training facilities and resources – This subfactor will be evaluated based on the quality of the Offeror’s proposed training facility and resources that will be utilized to deliver services defined in the SOO in accordance with industry standards with place of performance nation-wide.

The Government will evaluate responsive proposals that submitted all required documents stated in the solicitation using below Technical Evaluation Rating Scheme.

ADJECTIVAL DEFINITION

Outstanding The proposal meets all solicitation requirements and exceeds a significant number of requirements in ways that are expected to benefit the Government. There are no deficiencies or significant weaknesses. Any other weaknesses are outweighed by strengths.

Good The proposal meets all solicitation requirements and exceeds a few requirements in ways that could be expected to benefit the Government. There are no deficiencies, but there may be one or more weaknesses that are outweighed by strengths.

Acceptable The proposal meets all solicitation requirements.

Unacceptable

The proposal fails to meet one or more material solicitation requirements.

b. Volume II - Past Performance

The Government will evaluate the Past Performance Elements noted in Section L.3 via the Past

Performance Questionnaire, Attachment 1 and the other information requested in Section L.3.

The Government will assess the Offeror’s ability to perform the effort described in this solicitation, based on the Offeror’s demonstrated present and past performance. The

Government is seeking to determine whether the Offeror has experience; demonstrated performance; and the proven current technical expertise that will enable the Offeror to consistently deliver high quality services. In evaluating past performance, the Government will take into consideration the relevance of experience and past performance quality. The

Government will make reasonable effort to contact references provided.

The Government will evaluate past performance of three (3) previous contracts for current relevancy (3 years), with at least one (1) previous or current contract with relevancy within the past 12 months based on how well the contractor performed on projects of similar dollar value, scope, and complexity.

Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the Offeror and the information obtained may be used for both the responsibility determination and the best value decision. The absence of past performance data will be rated neither favorably nor unfavorably.

Contracts listed may include those entered into with Government agencies or private sectors.

For Offerors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies and key personnel with relevant past performance.

PAST PERFORMANCE EVALUATION RATING SCHEME.

The Government will evaluate past performance using the ratings and definitions provided in the table below, based on the past performance information provided by the Offeror’s customers.

Each Offeror will receive one of the ratings described below for the Factor 2 Past Performance.

For each performance element identified below, references should evaluate performance of the firm or individual identified in Part 1 of this form. Where the reference lacks sufficient information to provide an evaluation for a particular performance element, this should be noted.

Where any deficiency or unfavorable information is identified, the reference should identify any mitigating factors that may weigh in favor for the person/firm on whose behalf the reference is provided (i.e., problems due to causes outside the contractor’s control). An individual within your organization that is knowledgeable of the contractor’s day-to-day operations and overall performance should complete this questionnaire. However, that individual is encouraged to supplement their own knowledge of the contractor’s performance with the judgment of others within their organization, as applicable.

The following chart depicts the ratings that are to be used to evaluate the contractor’s Past

Performance:

E EXCEPTIONAL. Performance meets contractual requirements and exceeds many requirements. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

VG VERY GOOD Performance meets contractual requirements and exceeds some

(requirements). The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

S SATISFACTORY Performance meets contractual requirements. The performance of the element being assessed contains some minor problems for which corrective actions taken by the contractor appear or was satisfactory.

M MARGINAL Performance does not meet some contractual requirements. The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.

U UNSATISFACTORY Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element being assessed contains serious problems(s) for which the contractor’s corrective actions appear or were ineffective.

N NOT APPLICABLE Unable to provide a score. Performance in this area is not applicable to effort assessed.

c. Volume III - Subcontracting Plan

The Small Business Subcontracting Plan (Plan) evaluation criteria are only applicable to large businesses submitting proposals for this solicitation. The submission of a Plan is a mandatory requirement for award to a large business. The Plan shall be included in and made a part of the resultant contract.

Subcontractors identified in the Subcontracting plan shall not be changed or replaced without prior acceptance from the Contracting Officer, after award.

d. Volume IV - Price

The price proposal will be evaluated separately from the technical proposal. Price will not be adjectivally rated.

The Government will evaluate each Offeror's total proposed price, inclusive of all options. Any information included in the Offeror's price proposal may be evaluated. This will include an evaluation of the extent to which proposed prices indicate a clear understanding of solicitation requirements and reflect a sound approach to satisfying those requirements. All Offeror's proposed worksheets, tables, prices, rates, categories, basis of estimates (BOEs), and descriptions will be evaluated for reasonableness using one or more of the following techniques:

1. Comparison of proposed prices received in response to the solicitation;

2. Comparison of proposed prices to prices in the market;

3. Analysis of pricing information provided by the Offeror;

4. Comparison of proposed prices with independent Government cost estimates;

5. Review for responsiveness and accuracy in providing all price information outlined in

Section L of the solicitation

An evaluation of each Offeror’s price proposal will be made to determine if it is reasonable for the work to be performed; reflects a clear understanding of the requirements and is consistent with the technical proposal.

M.2 BASIS FOR AWARD

The Government intends to award a contract based on a best value determination, utilizing the

Trade-off procedures, Technical and Past Performance combined with Price, which is not necessarily the lowest price. The price must represent a cost to the Government that is equitable and provides the best total value when consideration is given to prices in the market. The price shall be evaluated to ensure it is consistent with the unique methods of performance described in the Offeror's technical proposal, in accordance with the industry standard.

Technical Approach is significantly more important than all other non-price evaluation factors.

The remaining non-price evaluation factors are of equal importance. Technical subfactors are of equal importance. All technical subfactors must be technically acceptable to be evaluated technically acceptable under the Technical Approach. When combined, the non-price evaluation factors are more important than Price; however, price will become significantly more important as non-price factors approach equality.

The Government intends to evaluate offers and make award without discussions. Therefore, the

Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions, if necessary. The

Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in Offers received.

Offerors are cautioned that the award may not necessarily be made to the lowest price offered.

The Government is more concerned with obtaining high quality work than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve only slightly superior technical features.

Proposals must be submitted with all required documents stated in this solicitation to be considered responsive for further evaluation for award under the non-price factors.

Non-responsive proposals, without all the required documents stated in the solicitation or lack of required documents stated in the solicitation will not be considered for further evaluation under the non-price factors.

Proposals must be evaluated technically acceptable to be considered for further evaluation for award under the factor, Price.

Proposals that are evaluated technically unacceptable will not be further considered for further evaluation for award under the factor, Price.

EVALUATION OF OVERALL PROPOSAL’S RISK.

The Government will consider risk in the evaluation of proposals. The following risk definitions will be used as general guidance in assessing the level of risk presented by each proposal. Evaluation results of

Volume 1-Technical Approach and its significant subfactors; Volume II-Past Performance;

III-Subcontracting Plan, and Volume IV-Price will be evaluated for its overall risk to the Government using the Rating Scheme below.

LR LOW RISK The Offeror’s proposed solution presents little or no risk and is anticipated to have a minimal adverse impact on scope, schedule, cost, and/or contract performance. Normal Contractor effort and

Government monitoring will mitigate potential difficulties. Minimum doubt exists that the Offeror can satisfactorily perform the proposed effort.

MR MODERATE

RISK

The Offeror’s proposed solution presents some risk and is anticipated to have a moderate adverse impact on scope, schedule, cost, and/or contract performance. Special Contractor emphasis and close

Government monitoring will mitigate potential difficulties. Some doubt exists that the Offeror can satisfactorily perform the proposed effort.

HR HIGH RISK The Offeror’s proposed solution presents significant risk and is anticipated to have significant adverse impact on scope, schedule, cost, and/or contract performance. Special Contractor emphasis and close

Government monitoring will not mitigate potential difficulties.

Significant doubt exists that the Offeror can satisfactorily perform the proposed effort.

(b) Options. The Government will evaluate 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).

(c) 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.