Atch_07_Addendum_to_52.212-2.pdf

HTC711-15-R-R020 Alaska Ports Stevedoring & Related Terminal Services Solicitation

Attachment 07 ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014):

Paragraph (d) is added to read as follows:

(d) Basis for contract award - This acquisition is being conducted under FAR Part’s 12, Acquisition of Commercial Items, Subpart 12.6 and Part 15, Contracting by Negotiation of the Federal Acquisition Regulation (FAR). Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this addendum.

Non compliance may be grounds to eliminate the proposal from consideration for contract award. Award will be made on the basis of Lowest Price Technically Acceptable Source Selection Process, IAW FAR 15.101-2. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror agrees to the terms of this solicitation. Each offeror’s Corporate Experience Information will be considered in the Government’s responsibility determination IAW the standards specified in FAR 9.104-1.

Specifically, the evaluation process shall proceed as follows: First, the proposals will be ranked in price order from lowest to highest based on the total evaluated price (TEP). The lowest ranked TEP offeror's Technical proposal will then be evaluated and receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the Technical proposal must meet the Government's minimum requirements. Proposals deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest ranked offeror’s Technical proposal is rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more techniques set forth in FAR 15.404-1(b)(2) and IAW FAR 15.404-1(g), the Government will review the prices proposed in Attachment 2 of the pricing Excel (.xlsx) spreadsheet to determine if unbalanced pricing exists. If proposed prices are unbalanced, this will be noted and the risk to the Government will be considered in making the source selection decision. IAW FAR 15.404-1(g)(3), if the lack of balance poses an unacceptable risk to the Government, the offer may be rejected and not considered further for award. If the lowest ranked TEP offeror is judged to have an acceptable technical proposal, fair and reasonable prices and balanced pricing (or if unbalanced pricing exists that it does not pose an unacceptable risk), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value to the Government.

Award shall be made to that offeror without further consideration of any other offers.

If the lowest ranked TEP offeror’s technical proposal is assigned an unacceptable rating, or if the price is determined not fair and reasonable or unbalanced pricing poses an unacceptable risk to the Government, or if the offer is found to be non-responsible, the next lowest ranked TEP offer will be evaluated. This process will continue (in order of ascending TEP) until an offeror is judged to have an acceptable technical rating, fair and reasonable prices and balanced pricing (of if unbalanced pricing exists that it does not pose an unacceptable risk), and the offeror is deemed responsible or until all offers have been evaluated.

The Source Selection Authority (SSA) will determine whether it is in the Government's best interest to award without discussions or enter into discussions. If the SSA determines to enter into discussions, the source selection team will complete the discussion process, request final proposal revisions, and document final evaluation results IAW DOD Source selection procedures. After the evaluation of the final proposal revisions, the SSA will make a selection of the best-value proposal consistent with the stated evaluation criteria.

(e) The Government reserves the right to award no contract at all depending on the quality of the proposals submitted and availability of funds for the requirement. The Government intends to evaluate proposals and award a single IDIQ contract without requesting or accepting revised proposals. Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the proposals and hold discussions, as allowable under FAR Part 15 procedures.

The following factors shall be used to evaluate offers:

A. Factor I: Technical . Each offeror’s Technical Proposal will be evaluated as Acceptable or Unacceptable at the subfactor level, as defined below.

RATING DESCRIPTION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

If any technical subfactor is rated as Unacceptable, the overall Technical Proposal will be Unacceptable. If all technical subfactors are rated as Acceptable, then the overall Technical Proposal will be Acceptable. Offeror’s proposals must receive a rating of Acceptable for all of the following technical subfactors in order to be considered for award:

Subfactor 1 – Technical Approach. To be rated Acceptable, the offeror must provide a Technical Approach which clearly describes how the offeror will achieve the objectives of the PWS. When evaluating the Offeror’s Technical Approach, the Government will determine if:

a) The approach demonstrates the offeror’s capabalities to successfully conduct loading and unloading of cargo from vessels in accordance with the PWS.

b) The approach demonstrates the offeror’s abililty to handle multiple classes of supply.

c) The approach demonstrates the ability to conduct multiple and simultaneous vessel operations at the Ports of Anchorage, Valdez and Seward.

d) The approach demonstrates the capability to load and unload inoperable/deadline equipment from vessels, line-haul trucks, and railcars.

Subfactor 2 - Small Business Subcontracting Plan (Applies to Large Businesses Only). To be rated acceptable, the offeror’s proposed SB Subcontracting Plan must meet all of the requirements in FAR 19.7 and provide sufficient detail to demonstrate how the offeror intends to meet the proposed contract SB subcontracting goals. The information contained in the proposed SB Subcontracting Plan must appear to be realistic based on the types of services to be subcontracted. Prior achievement of small business subcontracting goals or other sources available to the Government may be considered to determine if proposed goals are realistic.

Subfactor 3 – Small Business Utilization Plan. (Applies to Small Businesses Only). To be rated acceptable, the offeror’s proposed SB Utilization Plan:

a) Describes the extent of participation of SB concerns under this contract and provides a description of the services to be performed by the offeror and any small business concerns proposed. The extent of participation and description appears to be realistic.

b) Provides goals, expressed as dollars and percentages of total contract values and dollars and percentages of total domestic subcontracting values for the small business concerns (including the offeror) proposed. The goals appear to be realistic based on the services to be performed under the contract.

Subfactor 4 - Information Assurance & Cyber Security. For any offeror-identified NIST standards that will not be implemented, the offeror has explained how the required security control identified in the table at Attachment 5 is not applicable, or how an alternative control or protective measure is used to achieve equivalent protections. The offeror's explanation provides assurance that implementation of their information systems security without a specific control (or controls), or use of an equivalent control should be effective in protecting DoD information from unauthorized disclosure.

B. Factor II: Price.

(1) Completion of the pricing schedule will require the user to have good working knowledge of the Microsoft Excel program. The Offeror shall complete and submit the Locked Schedule of Rates (Atch 02). The price proposal shall be submitted as an attachment to an email and contain no hidden formulas or external links.

The Government will utilize the Excel (.xlsx) spreadsheet to capture pricing and to calculate the Total Evaluated Price (TEP) for evaluation and award purposes. Thus, the total TEP is calculated using the rates proposed in all tabs where proposed unit pricing is required, for the base and all option periods, to include the 6 month extension of services. The summation of the base, all option years, and the six month extension of services will constitute the TEP. Offeror will be considered ineligible for award if all required pricing is not complete.

Atch 02 Schedule of Rates will be utilized by the Government to analyze offeror’s rates. Unlocked Schedule of Rates (Atch 03) is provided for building proposed rate breakdowns (i.e. wages fringe benefits, payroll taxes and insurance, and proposed amounts for overhead, general and administrative costs and profit, as applicable), however, shall not be submitted with offerors proposal.

Upon contract award, successful offeror shall provide data to explain a complete breakdown of the development of each unit price in the offeror’s final proposal. This supplemental shall be include in Unlocked Schedule of Rates (Atch 03) and as a minimum include:

(a) a breakdown of proposed Gang Cost or other labor estimate used to develop commodity rates, including number and types of labor, wage rates, fringe benefits, payroll taxes and insurance and proposed amounts of gear and equipment, overhead, general and administrative (G&A) expenses, and profit, as applicable.

(b) applicable productivity/units per hour for each commodity.

(c) a breakdown of proposed man-hour rates, including wages fringe benefits, payroll taxes and insurance, and proposed amounts for overhead, general and administrative (G&A) and profit, as applicable.

Upon contract award, this data will form the basis for any price adjustments pursuant to the Revision of Prices clause, DFARS 252.247-7002, and, as such, must provide the means of determining the application of any requested adjustments and calculating the revised unit prices.

(2) In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the Government) using one or more techniques set forth in FAR 15.404-1(b)(2).