Drug Alcohol Commercial RFP.docx

DTFT60-10-R-00007

Drug & Alcohol Compliance Audit Program

SF 1449 - CONTINUATION SHEET

SECTION B

SPECIAL INSTRUCTIONS

1. The Government contemplates the award of a Hybrid, FAR Part 12 and FAR Part 15 Commercial type contract. The contract will be a Competitive, Small Business, Indefinite Delivery Indefinite Quantity (IDIQ), Labor Hour Type contract. It is the intent of the Government to negotiate a single award. The Government reserves the right to alter the number of awards as necessary. The period of performance shall be a One-Year Base Period and Four (4) one-year Option Periods. This Solicitation and resulting Contract(s) will be for the acquisition of personnel, supervision, and other items of non-personal services necessary to perform Drug & Alcohol Compliance Audit Support Services as defined in the Statement of Work (SOW) located at ATTACHMENT #1.

2. Task orders will be issued on a Labor Hour, Fixed Labor Rate basis. The Task Order submission format shall include, as a minimum, CLINS listed in Section B and the estimated number of hours required for Task Order completion. Funding shall be obligated on individual task order(s). The Period of performance for each Task Order shall be determined at the time of award.

3. The Estimated 2,920 labor hours, the envisioned skill mix in Section B and estimated Work Load Data Sheet located at ATTACHMENT # 2 are Government estimates only. These estimates are based upon an Independent Government Cost Estimate (IGCE) of workload and could be used in the preparation of your cost proposal. Offerors may alter the proposed hours in order to mirror its Technical Proposal. For evaluation purposes all Offerors are required to provide the specified labor categories and meet the standards as specified in the SOW. All Offerors will submit a separate and distinct Price Proposal by utilizing Section B, Items 00001 thru 400002.

4. The hours contained in this RFP are Government estimate only. The actual number of Labor Hours for each task will be defined at the time of each Task Order award. Hours awarded in individual task orders may vary from task order to task order and from one awarded contract to the next.

5. Travel and per diem, if authorized under this contract, shall be reimbursed in accordance with Section 6.5 of the SOW and the Government Travel Regulations currently in effect. Current per diem rates are listed at http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentId=17943&contentType=GSA_BASIC. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the request for payment voucher must be submitted with justification for use of higher class travel indicating dates, times, and fight numbers. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless otherwise authorized by the Contracting Officer.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Line Item Description EST Qty Unit Maximum Price

00001 BASE YEAR: Drug & Alcohol Compliance Audits Support Services. Period Performance: (12/10/2010 to 12/09/2011)

Contractor shall provide services in accordance with the Statement of Work in Section C. All services to be ordered under this contract shall be set forth in individual task orders.

Total Labor Price $___________

00002 BASE YEAR: Other Direct Costs (ODC’s) Period Performance: (12/10/2010 to 12/09/2011)

Other Direct Cost (ODC's). ODC's, to include travel and materials, shall be re-imbursed on an actual cost basis. Contractors shall provide for travel in accordance with the Section B. B-4, Section 6. 6.5 of the Governments SOW. Cost for this CLIN shall not exceed $21,700.00.

Total Maximum Base Year Price $___________

Line Item Description EST Qty Unit Maximum Price

10001 OPTION YEAR 1: Drug & Alcohol Compliance Audits Support Services. Period Performance: (12/10/2011 to 12/09/2012)

Contractor shall provide services in accordance with the Statement of Work in Section C. All services to be ordered under this contract shall be set forth in individual task orders.

Total Labor Price $___________

10002 OPTION YEAR 1: Other Direct Costs (ODC’s) Period Performance: (12/10/2011 to 12/09/2012)

Other Direct Cost (ODC's). ODC's, to include travel and materials, shall be re-imbursed on an actual cost basis. Contractors shall provide for travel in accordance with the Section B. B-4, Section 6. 6.5 of the Governments SOW. Cost for this CLIN shall not exceed $21,700.00

Total Maximum Base Year Price $___________

Line Item Description EST Qty Unit Maximum Price

20001 OPTION YEAR 2: Drug & Alcohol Compliance Audits Support Services. Period Performance: (12/10/2012 to 12/09/2013)

Contractor shall provide services in accordance with the Statement of Work in Section C. All services to be ordered under this contract shall be set forth in individual task orders.

Total Labor Price $___________

20002 OPTION YEAR 2: Other Direct Costs (ODC’s) Period Performance: (12/10/2012 to 12/09/2013)

Other Direct Cost (ODC's). ODC's, to include travel and materials, shall be re-imbursed on an actual cost basis. Contractors shall provide for travel in accordance with the Section B. B-4, Section 6. 6.5 of the Governments SOW. Cost for this CLIN shall not exceed $21,700.00

Total Maximum Base Year Price $___________

Line Item Description EST. Qty Unit Maximum Price

30001 OPTION YEAR 3: Drug & Alcohol Compliance Audits Support Services. Period Performance: (12/10/2013 to 12/09/2014)

Contractor shall provide services in accordance with the Statement of Work in Section C. All services to be ordered under this contract shall be set forth in individual task orders.

Total Labor Price $___________

30002 OPTION YEAR 3: Other Direct Costs (ODC’s) Period Performance: (12/10/2013 to 12/09/2014)

Other Direct Cost (ODC's). ODC's, to include travel and materials, shall be re-imbursed on an actual cost basis. Contractors shall provide for travel in accordance with the Section B. B-4, Section 6. 6.5 of the Governments SOW. Cost for this CLIN shall not exceed $21,700.0

Total Maximum Base Year Price $___________

Line Item Description EST. Qty Unit Maximum Price

40001 OPTION YEAR 4: Drug & Alcohol Compliance Audits Support Services. Period Performance: (12/10/2014 to 12/09/2015)

Contractor shall provide services in accordance with the Statement of Work in Section C. All services to be ordered under this contract shall be set forth in individual task orders.

Total Labor Price $___________

40002 OPTION YEAR 1: Other Direct Costs (ODC’s) Period Performance: (12/10/2014 to 12/09/2015)

Other Direct Cost (ODC's). ODC's, to include travel and materials, shall be re-imbursed on an actual cost basis. Contractors shall provide for travel in accordance with the Section B. B-4, Section 6. 6.5 of the Governments SOW. Cost for this CLIN shall not exceed $21,700.00

Total Maximum Base Year Price $___________

PACKAGING AND MARKING

a. All packing, packaging and mailing of reports or submittals shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices.

b. All information submitted to the Contracting Officer and the Contracting Officer's Technical Representative shall be clearly marked with the name of the organization/contractor, the contract, task order and/or modification number as appropriate and the identification of the submission.

c. Additional packaging and marking requirements will be specified, as necessary, in individual task orders issued under this contract.

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

(00001 thru 40001)

DELIVERY INFORMATION

All Contractors shall provide all deliverables in accordance with the specifications (para 6.7) as stated in the Statement of Work (SOW).

00001 thru 40002

Associate Administrator for Budget & Policy 1200 New Jersey Ave., S.E.

Forth Floor East Washington D.C.20590 FOB: Destination

Contract Administration Data

1. CONTRACTING OFFICER

The Contracting Officer (CO) has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and requirements. The CO may delegate certain other responsibilities to the Contracting Officer’s Technical Representative (COTR). The CO is the only individual who can legally commit or obligate the Government or authorize any changes that affect the contract price, delivery schedule, period of performance or other terms and conditions.

In accordance with TAR 1252.242-73 (b) Dissemination of Contract Information, the Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, appointments, conflict resolutions, etc.) that require the signature of the Contracting Officer.

The Government Contracting Officer and Contracting Specialist for this contract are:

Contracting Officer, Carlene R. Jackson 1200 New Jersey Avenue, SE Office of Administration - Office of Procurement Washington DC 20590 Phone 202-366-0432

FAX 202-366-3808

Email: carlene.jackson@dot.gov

Sr. Contract Specialist, Gregory E. Young Department of Transportation, Federal Transit Admin.

Office of Administration - Office of Procurement 1200 New Jersey Avenue, SE Washington DC 20590 Phone 202-366-8090

FAX 202-366-3808

Email: gregory.young@dot.gov

2. TAR 1252.242-73 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

(OCT 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

3. COTR ASSIGNMENT

TBD is hereby designated as the Contracting Officer’s Technical Representative (COTR) for this contract. The COTR can be reached by telephone at TBD.

The COTR has the authority to monitor the technical progress of the services that are required under the contract. This includes visits to the contractor’s place of performance, meetings, and telephone conversations with the contractor’s personnel, inspection, acceptance, or rejection of the contracted items and other duties that may be authorized by the contracting officer. The COTR cannot authorize or order the cessation of contract work nor delete, change, or waive any of the technical requirements or other terms and conditions of the contract. If a change (monetary or otherwise) to the contract is desired, the contractor must submit a written request to the contracting officer for consideration. If appropriate, the change will be effected by a contract modification, after discussions and/or negotiations.

Whenever a difference of opinion between the contractor and the COTR occurs, the contracting officer or contract specialist should be contacted immediately for resolution. The contractor should also contact the contracting officer or contract specialist when the COTR cannot be contacted on a technical matter and for assistance on all other matters pertaining to this contract.

4. 1252.242-73 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(OCT 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature.

The Contracting Officer shall provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter shall set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

SPECIAL CONTRACT REQUIREMENTS

1. DISCLOSURE OF CONFLICTS OF INTEREST AFFECTING AWARD

1.1 It is the Department of Transportation’s (DOT) policy to award contracts to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities, based on this policy:

1.2 The offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) which do or may result in any real or potential bias on its part in performing its obligations under any contract which may result from this solicitation. The interest(s) described shall include those of the offeror, its affiliates, proposed consultants, proposed subcontractors and key personnel of technical proposal. Key personnel shall include any person owning more than 20% interest in the offeror, and the offeror’s corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on such contract where the decision or action can have an economic or other impact on the interests of an affected organization or individual.

1.3 The offeror shall describe in detail why it believes, in light of the interest(s) identified in paragraph (1.1) of this section, that performance of the proposed contract can be accomplished in an impartial and objective manner.

1.4 In the absence of any relevant interest identified in paragraph (1.1) of this section, the offeror shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The offeror must obtain the same information from potential subcontractors prior to award of a subcontract.

1.5 The Contracting Officer shall review the statement submitted and may require additional relevant information from the offeror. All such information, and any other relevant information known by the Contracting Officer, will be used to determine whether an award to the offeror may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include appropriate provisions to mitigate or avoid such conflict in the contract award.

1.6 The refusal to provide the disclosure or representation, or any additional information required may result in disqualification of the offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If, after award, the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which such conflict could not reasonably have been known prior to award, an immediate and full disclosure shall be made in writing to the Contracting Officer. The disclosure shall include a full description of the conflict, a description of the action the contractor has taken, or proposes to take, to avoid or mitigate such conflict. The Contracting Officer may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the Government.

2. NOTIFICATION OF CONFLICT OF INTEREST REGARDING PERSONNEL

2.1. In addition to the requirements of the contract clause entitled “Organizational Conflicts of Interests,” the following provisions with regard to employee personnel performing under this contract shall apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the contract.

2.2. The Contractor agrees to notify immediately the Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract

2.3. The Contractor agrees to notify the Contracting Officer prior to performance under this contract when that employee may have a personal conflict of interest does not become known until after performance of the contract begins, the Contractor shall immediately notify the Contracting Officer of the personal conflict of interest. The Contractor shall continue performance of this contract until notified by the Contracting Officer of the appropriated action to be taken.

2.4. The Contractor agrees to insert, in any subcontract or consultant agreement placed hereunder, provisions, which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

3. TAR 1252.237-73 - KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

(c) The Key Personnel under this Contract are: Please Insert the staff Names Associated with the Labor Categories Below

1. Sr. Project Manager

2. Project Technician

3. Administrative Support

4. ACCEPTANCE OF KEY PERSONNEL SUBSTITUTIONS/REPLACEMENTS

In evaluating the justification and proposed substitution(s) of key personnel throughout the period of performance of this contract, the Contracting Officer reserves the right to make an assessment on the technical and/or professional qualifications of the proposed substituting individual(s). The Contracting Officer further reserves the right to disallow the utilization of the proposed substituting individual(s) for performance on the subject contract, when the technical and/or professional qualifications of the proposed individuals are determined, by the Contracting Officer, (1) not to be substantially equivalent to the technical and/or professional qualifications of the key personnel they are to substitute, or (2) not sufficient to reasonably insure successful performance or otherwise endanger project performance, progression, or completion.

5. EXCLUDED FUNCTIONS AND RESPONSIBILITIES

(a) Functions and responsibilities directly involved or associated with the management of any FTA Office are expressly excluded from this contract or order issued hereunder. The parties hereby agree that any instructions, directives, or orders issued under this contract involving such management functions and responsibilities shall be null and void. The following activities are representative of the excluded functions and responsibilities that cannot be provided by the contractor under this contract or order issued hereunder:

(5) Direction or supervision of other Government contracts or Government

6. REPRODUCTION OF REPORTS

Federal printing and binding regulations require that printing or reproduction of reports, data, or other written materials produced under contracts or grants which exceed 5,000 production units of any page, or 25,000 production units in the aggregate, must be processed through the U.S. Government Printing Office (GPO). Accordingly, unless otherwise specifically approved in advance by the Contracting Officer, any project report or other written materials produced under an order on this contract that is expected to exceed these limits must be submitted to the COTR in one camera-ready original. The Government will reproduce copies exceeding the above limits. Any use of color in the final report that would result in color printing (black plus one or more colors) must have prior approval of the Contracting Officer. All printing funded by this contract or order hereunder must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, U.S.C., and Section 308 of Public Law 101-163, and all applicable Government Printing Office and Department of Transportation regulations.

Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

A BASIS FOR AWARD

The award will be made based on the best overall (i.e., best value) proposals that are determined to be the most beneficial to the Government, with appropriate consideration given to four (4) evaluation factors on a trade-off basis: (1) Technical Approach, (2) Experience; (3) Past Performance, and (4) Price. All proposals shall be subject to evaluation by a Source Selection Evaluation Board (SSEB). Proposals will be evaluated according to the evaluation criteria stated below. In conducting its evaluation, the Government intends to determine which offer proposes the best value. Accordingly, the Government may award any resulting contract to other than the offer proposing the lowest price or other than the offer achieving the highest rating. In accordance with 52.215-1(f)(4), it is the Government’s intent to award without discussion; therefore it is incumbent upon all offers to submit their best proposal.

Award may not necessarily be made to the lowest price(s) offered. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical Approach Factor. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve slightly superior technical or management features. No proposal shall be considered for award that fails to reflect the offer’s clear intent to provide the full amount of work described in this solicitation.

Relative Importance of Factors. The Experience Factor is slightly more important than the Past Performance Factor. All sub-Factors are equally rated. The Past Performance Factor is slightly more important than the Technical Approach. All sub-Factors are equally rated. The non-Price Factors, when combined, are significantly more important than Price. Price is not an adjectivally rated Factor, however, the Price Factor will become the more dominant factor as technical proposals reach technical equality. In such cases, where all non-priced factors being evaluated are virtually the same, best value may be represented by the lowest-priced proposal.

B Evaluation Criteria

(1) EVALUATION FACTORS AND APPROACH

All proposals shall be subject to evaluation by a team of Government personnel.

1. The Source Selection Authority (SSA) may request a Price/Technical Trade-off Analysis be conducted using the best value approach to determine the value of the differences between proposals which may be beneficial to the contract objectives;

1. The steps outlined below form the foundation of the best value approach for this acquisition—

0. Identify Discriminators. Identify the significant areas of differences among proposals by comparing their strengths, weaknesses, and risks. These discriminators must be relevant to the requirements of the solicitation;

0. Identify Impacted Areas. Identify the organizations, mission objectives, procedures, or processes that will be impacted, positively or negatively, by these discriminators. This must be consistent with the solicitation and final analysis. Conduct a detailed analysis, showing the differences in technical merit and value to the Government, of each proposal by factoring the positive and negative impact of each proposal’s discriminators.

(2) FACTORS AND SUB-FACTORS TO BE EVALUATED

Each offer will submit a four-volume written proposal. Volume 1 is Technical Approach, Volume 2 is Experience, Volume 3 is Past Performance and Volume 4 is Price.

Evaluation factors include the following:

Factor 1 – Experience

(Sub-Factors 1.1, 1.2, are weighted equally).

Factor 2 – Past Performance

Factor 3 - Technical Approach.

(Sub-Factors 3.1, 3.2, are weighted equally)

Factor 4 – Price

(a) FACTOR 1 – TECHNICAL APPROACH

The Government assesses the offeror's capability to perform the work under the contract by evaluating the four areas below:

i) Sub-factor 2.1 – Understanding of Requirement. -

(a) Degree to which the offerors proposal demonstrates a complete understanding of the Drug & Alcohol Audit (D&A) program requirements and provides a comprehensive approach to meeting the requirements of the Request for Proposal (RFP). The approach to achieving the CLINs should include innovative, creative ways to achieve the best possible performance in investigating and improving transit employer D&A programs. The investigatory approach should include techniques and expertise in information technology, statistical and operations research analysis, as well as FTA/DOT D&A regulatory compliance, FTA oversight framework, training, technical assistance, occupational health, and human factors. The work plan must demonstrate the ability to manage and execute this effort in the timeframe necessary.

(b) The extent to which risks are identified and appropriate mitigation strategies are proposed. Areas of focus for the evaluation of this sub-factor include: prior experience with the various D&A Program elements and processes; the degrees of sensitivity needed to work with clients and the ability to provide obtainable solutions to resolving program review related issues in support of Federal regulatory requirements, FTA oversight, and compliance.

ii) Sub-factor 2.2 – Program Management.

(a) Degree to which the offer proposes to organize, plan, report, prioritize, schedule work, and exercise program control.

(b) Degree to which proposed processes are effective and flexible in planning, organizing, scheduling, reporting and sufficient for exercising program control.

(c) Degree to which the roles and functions within the team are sufficiently and suitably defined, allocated and managed within the team to satisfy the full range of effort contained in the SOW.

(d) The contractor’s approach to managing subcontractors, if any are employed.

(b) FACTOR 2 – EXPERIENCE

i) Sub-Factor 1, Corporate Experience

(b) Extent to which the offeror’s cited experience has been performed within the past 3 years and

ii) Sub-Factor 2, Key Personnel –

(a) The degree to which the qualifications of the proposed key personnel are relevant to and demonstrate the potential for successfully performing the work required in the SOW.

(b) The degree to which the proposed key personnel have specific experience as stated in the SOW, relative to the SOW task areas, and are available and committed to the D&A program. If teaming arrangements are proposed, the offerors are required to demonstrate appropriate qualifications and capabilities of recommended subcontractor staff.

(c) The degree to which the qualifications of the proposed key personnel are relevant to and demonstrate the potential for successfully performing the work required in the SOW including expertise in information technology, statistical and operations research analysis, as well as FTA/DOT D&A regulatory compliance, FTA oversight framework, training, technical assistance, occupational health, and human factors. .

(c) FACTOR 3 - PAST PERFORMANCE

a. The evaluators rate past performance by assessing the offeror’s recent performance on projects similar in scope to this solicitation. The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Proposals will be evaluated based on the contractor’s relevant past performance record on similar federal, state, local and commercial contracts. When assessing performance risk, the Government will focus its inquiry on past performance of the offeror under existing and prior contracts over the past three (3) years as it relates to all solicitation requirements. Relevancy is defined as the scope, magnitude, complexity, and similarity of offeror’s past performance as it relates to this acquisition. Quality of performance is defined as the level of past performance provided which will be used as an indicator of the offeror’s likelihood of success. Offerors that would be eliminated from the competitive range solely based on negative findings in past performance shall be given an opportunity to address such findings.

b. The offeror’s past performance will be evaluated to determine, (1) Compliance of Products, Services, Documents, and Related Deliverables to Specification Requirements and Standards of Good Workmanship; (2) Maintain Program Execution within reasonable Costs; (3) Timeliness of Performance for Services and Product Deliverables, including the Administrative Aspects of Performance; (4) Ability to Resolve Technical and Manufacturing Problems Quickly and Effectively; and (5) Commitment to Customer Satisfaction and Business-like Concern for its Customers’

(d) FACTOR 4 - PRICE

The Offeror will be evaluated based on completeness, reasonableness and balance. The determination that the total price is fair and reasonable will be based on information submitted with the offeror’s proposal (See Instruction to Offerors) , the comparison of other competitive offers, and the Independent Government Estimate (IGCE).

a. Reasonableness. An assessment of the Offeror’s estimating methodology to determine whether the proposed prices are reasonable based upon a comparison with the Independent Government Cost Estimate (IGCE) and prices proposed by other Offerors.

b. Completeness. This includes responsiveness in addressing all RFP requirements. The proposal will be reviewed to ensure data provided is sufficient to allow a complete analysis and evaluation of the s delineated in the CLIN’s and includes all information required in Instructions, Conditions and Notices to Offerors.

c. Options. The Government will evaluate offers for award purposes by adding the total for all options to the total for the basic requirement. The Government may determine that an offer is unacceptable if the options are significantly unbalanced. Evaluation of options will not obligate the Government to exercise the option(s).

The following definitions apply to the evaluation:

· Unbalanced Pricing - Unrealistically low or high proposed prices may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or has made an unrealistic proposal. Proposals shall be sufficiently detailed to demonstrate their credibility. The burden of proof for credibility rests with the offeror.

· Errors in Pricing - Any variance between total prices and unit prices will be corrected on the basis of the unit price provided in Section B. The Army reserves the right to adjust any and all totals on that basis. The overall price evaluation will be based on corrected total prices. If adjustments are made, the affected offerors will be notified.

(C) Rating Procedures:

The following adjectival rating scale will be used to assess the offers Non-Priced Factors, Factor 1, Experience, Factor 2, Past Performance, and Factor 3, Technical Approach

ADJECTIVE

DEFINITION AND CRITERIA

Risk Level: Low

Risk Level: Moderate

Risk Level: Moderate

Risk Level: Very High

Adjectival Ratings and Definitions for Factor 3, Past Performance

3. Past Performance Risk Factor Rating Definitions. A rating of Low Risk, Moderate Risk, High Risk or Unknown Risk (as defined below) will be assigned to these Factors.

4. Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

5. Strength. Any aspect of a proposal when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract. A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

6. Significant Strength. A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

7. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. A significant weakness in a proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

8. Significant Weakness. A flaw that appreciably increases the risk of unsuccessful contract performance.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

_X_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (4) [Removed].

_X__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X__ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

_ __ (8)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2006) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9

___(iii) Alternate II (OCT 2001) of 52.219-9.

_X__ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (U.S.C. 657 f).

___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

___ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

___ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126).

___ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

___ (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

___ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

___ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

___ (24)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).

___ (25) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (26)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (27) 52.225-5, Trade Agreements (NOV 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (28) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

___ (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

___ (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

___ (31) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (32) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (33) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (34) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (35) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (36) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (37)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

____ (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of…