HQ0034-12-R-3087 Amendment 0002.pdf

WHS - ACQUISITION DIRECTORATE

1155 DEFENSE PENTAGON

WASHINGTON DC 20301-1155

EEA290520121039

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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 (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

-Add Section H-2 Compliance w ith Pentagon Regulations-Contractor and Subcontractor Conduct -Revise Section L(D) Factor 1:Management Plan -Revise Section M(C) Volume III:Factor 5: Price -Update J-C1 Performance Work Statement Attachment 4

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 23-Jul-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HQ0034-12-R-3087

X 9B. DATED (SEE ITEM 11)

06-Jul-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 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 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 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, 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)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Jul-2012

CODE

WHS - ACQUISITION DIRECTORATE

1155 DEFENSE PENTAGON

WASHINGTON DC 20301-1155

HQ0034 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

FACILITY CODECODE

EMAIL:TEL:

HQ0034-12-R-3087

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

PENTAGON REGULATION COMPLIANCE

H-6 COMPLIANCE WITH PENTAGON REGULATIONS-Contractor and Subcontractor Conduct

The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities.

All contractor personnel must adhere to highest standards of personal conduct including, but not limited to, the standards of conduct for the Pentagon Reservation in 32 CFR Part 234. The contractor is responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance and the highest standards of personal conduct. In the event the contractor fails to remove any employee from the contract work whom the Contracting Officer or the Contracting Officer's designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be inimical to the Government's mission, the Contracting Officer or the Contracting Officer's designated representative may, in writing, require the contractor to remove the employee from work under this contract.

This contract incorporates 32 CFR 234, "Conduct on the Pentagon Reservation." Any contractor employee that violates the standards of conduct proscribed by 32 CFR 234 shall be deemed unfit and otherwise objectionable under paragraph (a) of this provision and may be subject to removal from the contract work.

This provision applies to all subcontractors or vendors of any tier utilized by contractor to perform the work. The contractor is responsible for incorporating this provision in all subcontracts or other contracts awarded by contractor to perform the work. For purposes of this provision, the terms "employee" or "contractor employee" includes all contractor, subcontractor or vendor employees of any tier utilized by contractor to perform the work.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Table of Contents has been deleted

ATTACHMENTS

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 J-L1 Past Performance Data Sheet 1 07-06-12

Attachment 2 J-L2 Past Performance Questionnaire 1 07-06-12

Attachment 3 J-L3 Contractor Evaluation Survey 2 07-06-12

Attachment 4 J-C1 Performance Work Statement 10 07-23-12 Revised by Amendment 0002

Attachment 5 J-C2 Recycling Data 6 06-12-12

Attachment 6 J-C3 2011 Trash Pull Data 1 06-07-12

Attachment 7 J-C4 Waste Mgt Sample Program Report 2 06-07-12

Attachment 8 J-1 Wage Determination WD 05-2104 10 06-19-12

The following have been deleted:

TABLE OF CONTENTS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS TO OFFERORS

SITE VISIT INSTRUCTIONS

A site visit is scheduled on Monday, 23 July 2012 at 10:00 a.m. Person(s) attending the Site Visit are requested to arrive at the Visitors Entrance (near Metro Entrance/Exit) to the Pentagon Building 20 minutes prior to the start of the site visit in order to allow time to process through security. The point of contact or his/her representative will meet the prospective offerors and take necessary action to escort them into the Pentagon and to the appropriate site(s). Person(s) attending the site visit will be escorted back to the Metro Entrance at the conclusion of the Site Visit. No more than three representatives per offeror will be allowed to attend the site visit.

Please note: Name(s) and, if applicable, vehicle tag number(s) of the individuals attending the Site Visit must be provided to Earl Anderson at earl.anderson@whs.mil or by phone at 703-545-1953 no later than Friday, 13 July 2012.

Requests for Information (RFIs) will be due no later than Thursday, 26 July 2012 at 02:00 p.m.

PROPOSAL SUBMISSION REQUIREMENTS

Offerors must submit:

mailto:earl.anderson@whs.mil�

One (1) original, four (4) hardcopies, and one (1) electronic softcopy (on CDs) of their Volume I (as defined below). Softcopies saved on CDs shall be compatible with Microsoft Office 2000 or 2003.

One (1) original, one (1) hardcopy, and one (1) softcopy (on CD) of their Volume II (as defined below), including all attachments. Softcopies saved on CDs shall be compatible with Microsoft Office 2000 or 2003.

One (1) original, one (1) hardcopy, and one (1) softcopy (on CD) of their Volume III. Softcopies saved on CDs shall be compatible with Microsoft Office 2000 or 2003.

All hardcopies and softcopies must be clearly identified as being such; indicating whether it is a copy of Volume 1, 2, or 3. All copies in whatever medium must be identical to the original or the proposal will be rejected.

Proposals containing exceptions, qualifications, conditions, assumptions or any other deviations from the solicitation will be rejected by the Government and considered ineligible for award.

Failure to comply with ths solicitation’s submission requirements for content may result in rejection of the proposal.

The Government intends to award without discussions but reserves the right to conduct discussions if determined to be in the Government’s best interest.

GENERAL PROPOSAL REQUIREMENTS

a. All proposals must clearly and convincingly demonstrate that the offeror has a thorough understanding of the requirements and associated risks, and is able, willing, and competent to devote the resources necessary to meet or exceed the requirements.

b. The proposal’s outside wrapper shall clearly indicate that it is a submission under this solicitation, identify the name of the offeror, the volume number and whether it is the original or a copy. .

GENERAL PROPOSAL CONTENT

Each proposal shall contain the following:

A. Standard Form 1449, or equivalent. Failure to do so will lead to rejection of the offer.

B. Cover Letter. All offerors shall submit a cover letter including a concise statement of what is being proposed. The statement should be complete, not more than two pages, and should clearly indicate reasons why a contract should be awarded to the offeror, with appropriate summary of highlights and references to the body of the proposal.

C. Volumes I, II, and III, (detailed further below)

GENERAL PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement will result in an offer being ineligible for award. Proposals containing exceptions to the terms and conditions of the solicitation shall be rejected an considered ineligible for award. The response shall consist of three (3) separately bound parts:

Volume 1: Factor I: Management Plan Factor II: Environmental Plan Factor IV: Quality Control Plan

Volume II: Factor III: Past Performance Volume III: Factor V: Price

B. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors will be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price in accordance with FAR Subpart 15.4.

C. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Requirements of the RFP (Contract Line Items Numbers (CLINs) & Performance Work

Statement (PWS)), and Government standards and regulations pertaining to the PWS. Exceptions and conditions to the RFP and PWS will render a proposal ineligible for award.

2. Evaluation Factors for Award in Section M of this RFP.

3. Format for proposal Volume I, II, and III shall be as follows:

(a) A page is defined as one face of an 8 ½” x 11” sheet of paper containing information.

(b) Typing shall not be less than 12 point font.

D. The chart below details the page limitations for each factor:

Pages that exceed the above page limits shall not be considered or evaluated by the Government. Page limits include referenced or incorporated documents.

Volume Factor Description Page Limitation Volume I Factor I Management Plan 9 pages total

Volume I Factor II Environmental Plan 9 pages total

Volume I Factor IV Quality Control Plan 3 pages total

Volume II Factor III Past Performance See Attachment J-L1 , J-L2 , and J- L3

Volume III Factor V Price No limit

FACTOR 1: Management Plan Submission Requirements:

Summarize the ability of the offeror’s plan to respond to keep the dock free of debris, schedule the removal of waste, and maintain all equipment. Submit organizational chart showing management team, lines of authority, position descriptions/responsibilities and reporting obligations.

Summarize the effectiveness of proposed unique processes, resources, and qualifications.

FACTOR 2: Environmental Plan Submission Requirements:

Provide an overview of the offeror’s method and approach for delivering a quality environmental plan.

The aspects of the plan will cover compliance with contractual requirements to recycle multiple waste streams. Describe the offeror’s proposed flow of materials from the building to the material recycling facility, source separation, recycling, sale, and disposal process of materials not recycled.

FACTOR 3: Past Performance Submission Requirements

(a) The Offerors past performance proposal must address corporate past performance in performing projects similar in size and scope to the effort required by Section C: Attachment J-C1 Performance Work Statement. The projects referenced by the contractor must have been completed within 5 years from the date of this solicitation or currently ongoing and have completed at least six months of performance. Past performance data must be received before the proposal due date for this solicitation. The Contractor's relevant Past Performance will be evaluated to assess the extent of the offeror’s ability to perform the contract successfully (quality of product or service, accuracy and completeness, timeliness of delivery/work, business relations, customer satisfaction, key personnel and staffing, including subcontractors/partners). The evaluation will include information in Government databases such as

PIPRS.

(b) The Offeror shall submit completed Attachment 1 J-L1 Past Performance Data Sheet, for three (3) Government or commercial contracts for services directly related or similar to the services required in Section C: Attachment J-C1 Performance Work Statement. Information for contracts or subcontracts shall be for relevant contracts and subcontracts currently in process or completed within the past five (5) years from the date of this RFP. Specifically address the following items:

• The nature of the effort

• The tasks performed, including the deliverables, as they relate to Section C: Attachment J-C1

Performance Work Statement

• Timeliness of deliveries

• The extent of involvement (as a prime versus a subcontractor)

• The period of performance

• The utilization of subcontractor technical support versus in-house technical support

• Point of contact, phone and fax number for each contact listed

• Describe why the contract is relevant to this requirement

(c) The Offeror shall complete the top portion of page 1, Attachment 2 J-L2 Past Performance Questionnaire, and send it to each of the three (3) customers for the contracts identified above on Attachment 1. As stated in Attachment 3 J-L3 Contractor Performance Evaluation Survey, the reference will complete this form and return it directly to the Government by the solicitation closing date.

(d) In accordance with FAR 15.305(a)(2)(iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance (neutral evaluation).

(e) The Government may consider past or current contracts (including Federal, State and local Government and private) for efforts similar to the Government requirement. The Government may consider information provided on problems encountered on the identified contracts and associated corrective actions. Contractors with a negative past performance rating will be afforded an opportunity to address alleged deficiencies. The Government may also consider information obtained from any other sources when evaluating past performance. Failure of a contractor to disclose a relevant Government contract with poor past performance may affect the contractor's past performance rating.

(f) The Government may consider past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant. Past performance information about the offeror as a prime contractor may be considered more significant and given more weight in the past performance evaluation.

FACTOR 4: Quality Control Plan Submission Requirements The offeror shall provide a quality control plan that will include any pertinent information demonstrating the offeror’s plan to address any and all performance issues related to the Hybrid Single Stream Refuse and Recycling Requirement.

FACTOR 5: PRICE

Submission Requirements (a). The offeror shall complete the Schedule of Supplies/Services page(s) of the Standard Form (SF) 1449, Section B of the solicitation with pricing for the base and each option period.

(b). Complete blocks 12, 17, 23, 24, and 30 of the solicitation, (SF) 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

(c). Complete the necessary fill-ins and certifications in CLAUSES INCORPORATED BY FULL TEXT.

The solicitation shall be returned in its entirety.

L-2 OMBUDSMAN

An Ombudsman has been established for this procurement. The role of the Ombudsman is to provide contractors and other interested parties a conduit to address issues of impropriety on the part of Government officials and other concerns not suitable for a more open forum. Offerors may contact the Ombudsman directly at the number below:

Richard Selby Phone: 703-696-4030 E-mail: richard.selby@whs.mil

L-3 DEADLINE FOR RECEIPT OF QUESTIONS FROM PROSPECTIVE OFFERORS

Potential offerors may submit questions in writing, regarding the performance work statement and the terms and conditions of this solicitation by email no later than Monday, 23 July 2012 at 2:00 p.m.

Submit questions to:

Earl Anderson, Contract Specialist WHS/Acquisition Directorate Email: earl.anderson@whs.mil

L-4 ADDRESS AND OFFER DUE DATE

Proposals, in the quantities specified, shall be received at:

Earl Anderson, Contract Specialist WHS/Acquisition Directorate 2521 South Clark St.

Suite 3000 Arlington, VA 22202 703-545-1953 (voice) Email: Earl.Anderson@whs.mil

Offers shall be received in the office identified above by 2:00 PM Eastern Standard Time on Monday, 06 August 2012. Late submissions will not be accepted.

Offerors are strongly advised to hand deliver offers. To make arrangements to ensure their proposal is received in the office identified above prior to the time and date set for receipt of proposals. Offerors should contact Earl Anderson at 703-545-1953 to make delivery arrangements.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer Michael Schuman (addressed as follows) by obtaining written and dated acknowledgment of receipt from 2521 South Clark Street, Suite 3000 Arlington Va. 22202.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

PROTESTS (AGENCY LEVEL) (AUGUST 2007)

Potential bidders or offerors may submit an agency-level protest directly to the Contracting Officer. As an alternative to the Contracting Officer’s consideration of a protest, a potential bidder or offeror may request an independent review of their protest by a WHS Protest Deciding Official. In either case, the agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests. A request for an independent review by the WHS Protest Deciding Official shall be submitted to:

Michael Schuman Contracting Officer 2521 South Clark St.

Suite 3000 Arlington, VA 22202

A protest decision by the Contracting Officer or WHS Protest Deciding Official is final and not subject to appeal or reconsideration within WHS.

SECTION M - EVALUATION FACTORS FOR AWARD

EVALUATION CRITERIA

EVALUATION METHODOLOGY

A. Basis for Award. The Government will award a contract resulting from this solicitation, to the responsible offeror whose offer conforms to the solicitation and is determined to be the best value to the Government, technical, management, price and other factors considered. The Government reserves the right to make an award to other than the lowest priced offeror. The Government also reserves the right to award a contract based upon initial offers. The Government will make a single award resulting from this solicitation. The Government intends to award without discussions but reserves the right to conduct discussions if determined to be in the Government’s best interest.

B. See Attachment J-C1 Performance Work Statement (PWS); for detailed information on the Hybrid Single Stream Waste Management Requirement.

C. General. The factors below are listed in descending order of importance with the exception of Factors I and II being of equal importance. The non priced factors, when combined are significantly more important than price.

Factor I: Management Plan

Factor II: Environmental Management Plan Factor III: Past Performance Factor IV: Quality Control Plan Factor V: Price

(1). The importance of price in the evaluation for award will increase as the the offerors’ proposals under Factors 1 – 4 become more equal.

(2). Factors I ,II , and IV will be evaluated by the appropriate evaluation committee(s) of the Source Selection Evaluation Panel (SSEP) and be given an adjectival rating described below.

Evaluation Rating Methods. Each of the non price factors and sub factors listed in section M will receive adjectival merit ratings as defined below. If any factor or sub factor are rated unacceptable in the evaluation of the proposal, the entire proposal shall be rated unacceptable.

Color Rating Definition

Blue Outstanding The proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses.

Risk of unsuccessful performance is low.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

The above ratings will be utilized for factors I, II, and IV.

VOLUME I-Factor 1: Management Approach

The Government will evaluate Section M: Management Plan of the offeror’s proposal in accordance with the following criteria:

*Completeness: The offeror’s management plan offers a plan of action for the tasks required to fulfill the requirements of the Performance Work Statement. The management plan shall include plans for keeping the dock free and clear of debris (ref section C-8.0 of the Performance Work Statement), waste removal schedules (ref section C-5.0 of the Performance Work Statement), equipment maintenance (ref section C-6.2 of the Performance Work Statement), and the vehicles being used for collection of refuse and how the vehicles will be maintained (ref section C-6.3 of the Performance Work Statement).

*Effectiveness: The degree of effectiveness of the offeror’s unique processes, resources, and/or qualifications that will be utilized to ensure that all aspects of requirement are performed with minimal guidance from the Government.

Factor 2: Environmental Plan The Government will evaluate Section M: Environmental Plan of the offeror’s proposal in accordance with the following criteria:

*Completeness: The Environmental Management plan includes all aspects to ensure compliance with contract requirements to recycle multiple waste streams that include those materials that are currently recycled at the Pentagon Reservation and those that will be expanded to meet the contract’s recycling requirements throughout the life of the contract (i.e. base year plus all option years). Describe the flow of materials (to include the material recovery facility materials, fly ash, and construction and demolition materials) from the building to the material recycling facility, source separation, recycling and sale and disposal process for materials not recycled.

*Effectiveness: The degree of effectiveness of the offeror’s proposed unique processes, resources, and/or qualifications that will be utilized to ensure that recycling goals will at minimum be met with little or no deviation.

Factor 4: Quality Control Plan The Government will evaluate Section M: Quality Control (QC) Plan of the offeror’s proposal in accordance with the following criteria:

*Organizational Structure: The offeror’s organizational structure for its QC process is established in a manner that it minimizes potential conflict of interest between the offeror’s personnel (or subcontractors) that perform the work as specified in the performance work statement and the personnel that inspect the work as specified in the performance work statement.

*Effectiveness: The degree of effectiveness of the offeror’s proposed unique processes, resources, and/or qualifications that will be utilized to ensure that the QC plan actively identifies and corrects performance failures.

VOLUME II: Factor 3: Past Performance (a). The Offerors past performance proposal must address corporate past performance in performing projects similar in size and scope to the effort required by Section C: Attachment J-C1 Performance Work Statement. The projects referenced by the contractor must have been completed within 5 years from the date of this solicitation or currently on-going and have completed atleast six months of performance by the solicitation date. If currently ongoing, the extent of actual performance will be considered in determining the project’s relevance. Past performance data must be received before the proposal due date for this solicitation. The Contractor's relevant Past Performance will be evaluated to assess the extent of its ability to perform the contract successfully (quality of product or service, accuracy and completeness, timeliness of delivery/work, business relations, customer satisfaction, key personnel and staffing, including subcontractors/partners). The evaluation will include information in Government databases such as PIPRS.

(b). The Offeror shall submit completed Attachment 1 J-L1 Past Performance Data Sheet, for three (3) Government or commercial contracts for services directly related or similar to the services required in Section C: Attachment J-C1 Performance Work Statement. Information for contracts or subcontracts shall be for relevant contracts and subcontracts currently in process or completed within the past five (5) years from the date of this RFP. Specifically address the following items:

• The nature of the effort

• The tasks performed, including the deliverables, as they relate to Section C: Attachment J-C1

Performance Work Statement

• Timeliness of deliveries

• The extent of involvement (as a prime versus a subcontractor)

• The period of performance

• The utilization of subcontractor technical support versus in-house technical support

• Point of contact, phone and fax number for each contact listed

• The reasons why the project is relevant to the solicited work

(c). The Offeror shall complete the top portion of page 1, Attachment 2 J-L2 Past Performance Questionnaire, and send it to each of the three (3) customers for the contracts identified above on Attachment 1. As stated in Attachment 3 J-L3 Contractor Performance Evaluation Survey, the reference will complete this form and return it directly to the Government by the solicitation closing date.

(d). In accordance with FAR 15.305(a) (2) (iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance (neutral evaluation).

(e). The Government may consider past or current contracts (including Federal, State and local Government and private) for efforts similar to the Government requirement. The Government will consider information provided on problems encountered on the identified contracts and associated corrective actions. Contractors with a negative past performance rating will be afforded an opportunity to address alleged deficiencies. The Government may also consider information obtained from any other sources when evaluating past performance. Failure of a contractor to disclose a relevant Government contract with poor past performance may affect the contractor's past performance rating.

(f). The Government may consider past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant.

Past Performance Evaluation. The past performance evaluation results in an assessment of the offerors probability of meeting the solicitation requirements The past performance evaluation considers each offerors demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offerors recent past performance, focusing on performance that is relevant to the contract requirements. See FAR 15.305.16. Past performance information about the offeror as a prime contractor may be considered more significant and given more weight in the past performance evaluation.

There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. In establishing what is relevant for the acquisition, consideration should be given to those aspects of an offerors contract history that would give the greatest ability to measure whether the offeror will satisfy the current procurement. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

Past Performance Relevancy Ratings Rating Definition Description Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offerors past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts. Requirements for considering history of small business utilization are outlined at FAR 15.304(c) (3) (ii) and DFARS 215.305(a) (2).

Performance Confidence Assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in Table 5. (Reference FAR 15.305(2) for information on assigning an unknown/neutral confidence rating.)

Performance Confidence Assessments

Rating Definition Description Substantial Confidence Based on the offerors recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offerors recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offerors recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offerors recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offerors performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

VOLUME III: Factor 5: Price The pricing submitted will determine the total evaluated price of each offeror, inclusive of option periods.

Ensure that Section B is filled out in its entirety. Fixed price proposals will be reviewed for reasonableness under FAR 15.404-1, “Price Analysis” to determine if the price is fair and reasonable, whether the proposal reflects an understanding of the requirements or contain apparent mistakes and whether the proposed price presents undue risk for the Government. The offerors proposed approach must be consistent with the price proposal. As part of the price evaluation, proposals may be reviewed to identify any significant unbalanced pricing. In accordance with FAR 15.404-1(g), Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government. Price may play an additional role since considerations of price in terms of best value may be controlling in circumstances where two or more proposals are otherwise adjudged equal or when a technically superior proposal is at a cost that the Government cannot afford.

The following have been modified:

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

(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:

Factor I: Management Plan Factor II: Environmental Plan

Factor III: Past Performance Factor IV: Quality Control Plan

Factor V: Price

Technical and past performance, when combined, are Significantly more important than price.

(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.

(End of provision)

(End of Summary of Changes)

Factor 5: PRICE