52.212-2_Custodial.docx

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

52.212-2 EVALUATION--COMMERCIAL ITEMS

(a) The Government will award a 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. The following factors shall be used to evaluate offers:

(1) PAST PERFORMANCE

(2) PRICE

Past Performance is approximately equal to Price when being evaluated.

(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.

Addendum to FAR 52.212-2:

BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors past performance history will be evaluated on a basis of approximately equal to price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors –Commercial Items, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

A. Price Evaluation Factor: Initially, offers shall be ranked according to price, including option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. Copies of the Pricing Schedule will be necessary in order to submit a proposal for each Option Year.

1. For award purposes, the total evaluated price for each offeror will be evaluated base on the total offered price for CLINs XXXX through XXXX in accordance with FAR 52.217-9. The total of all CLINs is the total evaluated price and will be used to rank offers. An offeror must therefore propose on all line items including Options. In order to meet the requirements of FAR Part 6 and FAR Part 17, the price equivalent to the 6 months extension of services authorized by FAR 52.217-8 will be evaluated separately for every performance period, and will be factored as part of the total evaluated price for award. The Government will multiply the offeror’s proposed Price by a quantity equivalent to 6 months for CLINs XXXX through XXXX including Options under FAR 52.217-9, in order to evaluate the extension of services authorized by FAR 52.217-8.

2. Offerors whose total evaluated price is unreasonable (in accordance with FAR 15.404 and FAR 31.201-3), unbalanced (in accordance with FAR 15.404-1), or unaffordable (not within any budgetary information included in the solicitation) may not be considered for award.

B. Past Performance Factor: The Government will seek performance information on all offerors based on (1) the references provided by the offerors and (2) data independently obtained from governmental and commercial sources. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s performance risk (i.e., the Government’s judgment of the probability of an offeror successfully performing the effort described in this solicitation), based on the offeror’s demonstrated present and past performance on relevant contracts. Relevancy definitions are those similar in scope, magnitude and complexity to the services described in the PWS. The performance confidence assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined below. Present/Past performance regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement will be evaluated as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history shall receive the rating “unknown confidence,” meaning the rating is treated neither favorably nor unfavorably (neutral).

1. Present/Past performance evaluation will be performed based on the following criteria:

(a) Recency: Each contract shall be confirmed whether the contract has been completed during the past three (3) years from this solicitation release date, or is currently in progress.

(b) Relevancy: A relevant contract is prescribed in the provision FAR 52.212-1, Instructions to Offerors--Commercial Items. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that Contractor is being proposed, and may contribute to an overall higher relevancy score. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

Rating

Description

(c) Quality: Quality assessment is assigned based on all the criteria in the Present/Past Performance Survey (Solicitation Attachment X)

2. The following integrated performance confidence assessment rating shall be assigned to the past performance evaluated offerors.

3. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

C. Offerors are cautioned to submit sufficient information and in the format specified in paragraph ADDENDA TO 52.212-1, Instructions to Offerors--Commercial Items, paragraph C. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserve the right to award a contract without the opportunity for proposal revision.

D. The Government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

E. Integrated Assessment. The Government reserves the right to award contract to other than the lowest price offer if the lowest priced offeror is assessed to have a performance rating of “Satisfactory” or lower. In that event, the Source Selection Authority will make an integrated assessment best value award decision using the Total Evaluated Price and the Past Performance Confidence Rating.

(End of Provision)