SF_30_GS00Q-13-DR-0001-P1P3P4_Amd_0004.pdf

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:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

D. OTHER (Specify type of modification and authority)

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

TBD

Samantha Davis

The purpose of amendment 0004 to Solicitation GS00Q-13-DR-0001-P1P3P4 is to:

1. Upload an editable SF 33 to FBO.

2. Provide clarification for changing Section L.5.4.1 to "reserved" via amendment 0003 (see continutation pages).

3. Advise that there is no change to the solicitation closing date or the requirements as of this amendment (0004)

GSA - Office of Contract Administration 1800 F Street Washington, D.C. 20405

TBD

GS00Q-13-DR-0001-P1P3P4

OASIS ON-Ramp P1P3P4

1 3

10/3/2019

7/11/2019

Block 14 – Continuation Pages: SOLICITATION NO. GS00Q-13-DR-0001-P1P3P4 – Amendment 0004

The General Services Administration (GSA) understands and appreciates industry's questions regarding the removal of "Total Small Business Past Performance" as an evaluation factor under the One Acquisition Solution for Integrated Services (OASIS) Unrestricted open season On-Ramping solicitation (GS00Q-13-DR-0001-P1P3P4).

GSA would like to take the opportunity to provide an explanation for this necessary change.

One of the requirements governing open season On-Ramping pursuant to Section H.15.3 of the solicitation is that the award decision under the open season solicitation is based upon substantially the same evaluation factors/sub- factors as the original solicitation. However, another condition governing open season On-Ramping is that the open season solicitation is issued under current Federal procurement law.

Specifically, both 41 U.S.C. 253 and 41 U.S.C. 3301, as implemented in FAR 11.002(a)(1)(i)and (ii), require contracting officers to promote and provide for full and open competition to the maximum extent practicable; accordingly, the Government may include restrictive requirements only to the extent necessary to satisfy its legitimate needs.

Upon careful consideration, the following language in Section M.5.2.5 of the solicitation was determined to be unduly restrictive of competition: "For any of the relevant experience (primary) projects that do not have an ISR or SSR report associated to it (either specific to the project itself or a project under an umbrella contract); or, for any of the ISR or SSR reports that are not current; or, for any of the projects that are Non-U.S.

Federal Government projects; meeting or exceeding small business goals will not be considered." Maintaining this evaluation criteria would be unfairly prejudicial to offerors whose relevant experience projects did not require incorporation of a subcontracting plan.

For example, per FAR 19.702(b), subcontracting plans are not required for contracts awarded to small business concerns or performed outside of the United States. Small business concerns would be unfairly disadvantaged by 1,000 points (or 10%) solely because of their status as a small business concern, which also conflicts with the policy of the Government to provide maximum practicable opportunities to small business concerns per FAR 19.201(a). Similarly, an offeror whose experience was primarily performed outside of the United States would suffer the same 10% disadvantage from a scoring perspective, despite the fact that OCONUS experience represents a significant and mission critical Government need for OASIS customers as detailed in solicitation Section M.5.1.8.

Adherence to the original evaluation factors/sub-factors does not permit GSA to disregard current Federal procurement law, especially where the original evaluation factors present an unfair barrier to competition that is not reasonably necessary to meet the Agency's needs.

Block 14 – Continuation Pages: SOLICITATION NO. GS00Q-13-DR-0001-P1P3P4 – Amendment 0004

It was determined that the best approach was to remove Section L.5.4.1 and consolidate the subfactor for evaluating past performance of subcontracting goals via L.5.4(f)(1)(a)(iv), as published in Amendment 3 to Solicitation No. GS00Q-13-DR-0001- P1P3P4 on September 19, 2019. This approach satisfies all the current procurement laws that are applicable while meeting the contract terms and conditions, as it is not a substantial change. The award factors of the solicitation still consider past performance with respect to small business utilization. By moving this subfactor into the overall past performance evaluation at Section L.5.4(f)(1)(a)(vi), the solicitation takes into account compliance with subcontracting goals and it reduces redundancy for evaluating this subfactor. Also in keeping with the requirement to base the award on substantially the same factors and subfactors, this approach remains in alignment with the original solicitation of rating offerors more favorably if the project meets or exceeds the total small business percentage goals while keeping the past performance criteria neutral for those Offerors who were not required to have this experience.

There have been some concerns as to whether or not this revised approach to evaluating past performance is in compliance with 48 CFR § 15.304(c)(3)(ii). GSA conducted an analysis of the requirement at 48 CFR § 15.304(c)(3)(ii) and determined this regulation does not apply. This regulation is specific to bundled requirements;

OASIS is not a bundled requirement.

GSA would like to assure interested parties that it did consider any potential negative correlations between consolidating the requirements of Section L.5.4.1 to Section L.5.4(f)(1)(a)(vi) and the requirement at Section L.5.1.8 - Subcontracting Plan. GSA determined there was no impact on the probability that GSA will achieve its small business subcontracting goals for the on-ramped contractors, as there were no changes made to the solicitation regarding the requirement to submit and perform to an acceptable subcontracting plan, if required.