0002_HTC711-16-R-R008_signed.pdf

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 revise Attachment 5, revise language in RFP clauses Addendum to 52.212-1 and 52.212-2 and revise language in PWS sections 6, 8, 20 & 21.

Please see changes in red on the attached revised RFP, PWS and Attachment 5.

All other terms and conditions remain unchanged.

POC for this action is Cynthia Turner, 618-220-7064.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 20-Nov-2015

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 HTC711-16-R-R008

X 9B. DATED (SEE ITEM 11)

28-Oct-2015

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 1 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

20-Nov-2015

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

x 1

DAVID M. HOAG/CONTRACTING OFFICER

618-220-7082 DAVID.M.HOAG.CIV@MAIL.MIL

HTC711-16-R-R008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

FAR 52.212-1 Paragraph (a) is tailored to read as follows:

North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

FAR 52.212-1 Paragraph (b) is tailored to read as follows:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers shall be submitted on the SF 1449. The Offeror shall submit signed and dated offers to the address identified below at or before the offer due date/local time identified in Block 8 of the

SF 1449.

USTRANSCOM/TCAQ-R

Specialized Transportation and Support Division ATTN: David Hoag 508 Scott Drive Scott AFB, IL 62225-5357

As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. See subparagraph (12) for further instruction. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms (See subparagraph (12) for further instruction);

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications in accordance with FAR 52.212-3(b);

(9) Amendments to the solicitation, if any, shall be acknowledged by signing and submitting a copy of the amendment(s) with the proposal. Only an authorized official of the firm shall sign solicitation amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information) (See subparagraph (12) for further instruction.; and

(11) Offers shall be submitted on the SF 1449. In submitting an offer, the offeror assents to the contract terms and conditions as written in the RFP, with attachments. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation shall be excluded from consideration.

(12) The Government requires support to provide the services identified in the Performance Work Statement attached to this solicitation. Offerors are to provide a proposal in accordance with the instructions herein.

(i) General Information

(A) Proposals shall be clear, concise, and include sufficient detail for effective evaluation and to substantiate the stated information. Proposals shall not rephrase or restate the Government’s requirements, but shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their company or experience and will use this information to evaluate the offer.

(B) Offerors shall submit their proposals in four (4) separate volumes. The number of hard copies and soft copies are listed below. Offerors shall provide the required electronic (soft) copies on CD-ROM in Microsoft Office Word 2007-compatable format. In the event of a conflict between the hard copy and the electronic version of the proposal on CD-ROM, the hard copy will be considered the correct version and will prevail. Facsimile or emailed proposals WILL NOT be accepted.

(C) Each volume shall include a cover page including offeror name, title of the proposal, volume number, and solicitation number. Provide a table of contents with sufficient detail to easily allow the location of important elements. Elaborate formats, bindings, or color presentations are not desired or required, however hard copy submissions shall be submitted separately bound in a three-ring binder with tabs or dividers for each subfactor, as applicable.

Hard copies Soft Copies Volume I: Price Proposal Original 2 copies Volume II: Technical Capability Proposal Original 2 copies Volume III: Cybersecurity Proposal Original 2 copies Volume IV: Past Performance Proposal Original 2 copies

(D) Page Limitations. The page limits are inclusive of any charts, diagrams, and/or other graphics.

Foldout pages are permitted only for providing any charts, diagrams, and/or other graphics and will be counted as one page. Foldout pages may not exceed 11 inches by 17 inches. The cover page and table of contents are excluded from the page limitation. All pages shall be numbered. The font shall be Times New Roman and no smaller than 12 point (including any charts, diagrams, and/or other graphics), unless otherwise indicated.

Volume I: The Price Proposal has no page limitation.

Volume II: The Technical Capability Proposal is limited to a total maximum of 20 pages.

Volume III: The Cybersecurity Proposal has no page limitation.

Volume IV: The Past Performance Proposal is limited to 10 pages. The page limit does not include the questionnaire.

(E) Proposal Preparation Costs – This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of the offeror’s proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation of negotiations. By the submission of its offer, the offeror assumes all associated costs.

(i). Volume I – Price Proposal. This volume is only for submission of the prices incorporated in the Rate Tables (Attachment 2). Pricing to be submitted in US dollars. Do not include fuel costs for CLINs 0015, 1015, 2015, 3015, and 4015 for services at Bagram, as it will be provided by the Government. No other documents will be in this volume except for the cover page and table of contents.

(ii) Volume II: Technical Capability Proposal. This volume shall address offeror’s Technical Capability and shall outline the offeror’s understanding of the Performance Work Statement (PWS) requirements, and it shall be demonstrated by more than a reiteration of the PWS. Repeating the PWS without sufficient elaboration shall not be acceptable. Statements such as “the offeror understands,” “can or will comply with all the requirements of the PWS,” or “standard procedures will be employed,” are insufficient. The Technical Capability Proposal shall exclude any reference to the price aspects of the proposal. Offeror shall demonstrate its understanding of the work and each subfactor as described below.

(A) Sub-Factor 1 – Staffing: The Offeror shall submit their staffing approach for accomplishing the tasks of the PWS. The Offeror shall include a table identifying position titles and number of employees for each position that will be employed at each location identified in PWS Paragraphs 8.2.4.1 and 8.4.2.2. The Offeror's staffing approach shall also include a brief position description for each position identified.

(B) Subfactor 2 – Technical Approach: The Offeror shall submit their technical approach to accomplish all tasks required in the Performance Work Statement, Attachment #1. This shall include:

(i) Capabilities to execute logistics and tracking services per PWS sections 1 and 2.

(ii) Capabilities to execute IBS-CMM functions per PWS sections 1 and 20.

(iii) Ability to process and verify cargo shipping and customs documentation per PWS section 2.

(iv) A process for compiling and submitting all required reports per PWS sections 3, 8, 12, 20, 21 and 22.

(v) Capabilities to successfully conduct cargo movement reporting per PWS sections 1 and 8.

(vi) Capabilities to successfully comply with the security and access requirements per PWS section 6.

(vii) Capabilities to successfully track import and export container numbers and seal numbers at all required locations within Afghanistan and Pakistan per PWS sections 8 and 9.

(viii) Capabilities to conduct RFID/CIDD/Satellite tag scanning at all required locations within Afghanistan and Pakistan per PWS section 10.

(ix) Capabilities to dispatch personnel to locations within Afghanistan and Pakistan to conduct surveys and inspections per PWS section 11.

(x) Capabilities to provide Universal Services Contract contractor surveillance per PWS section 12.

(xi) Capabilities to conduct research and analysis on factors affecting cargo movement per PWS section 13.

(xii) Capabilities to provide cargo expediting services per PWS section 14.

(xiii) Capabilities to execute Bagram specific requirements per PWS section 20.

(xiv) The ability to execute PWS functions 7 days per week per PWS sections 1, 20 and 21.

(iii) Volume III – Cybersecurity Proposal

The offeror shall identify any specific NIST Special Publication 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, standard identified in PWS Appendix C, that they do not intend to implement. Specifically, the offeror shall explain how the required security control identified in PWS Appendix C is not applicable, or how an alternative control or protective measure is used to achieve equivalent protections.

(iv) Volume IV – Past Performance Proposal.

(A) Past Performance References. Offerors shall provide past performance information for no more than four (4) applicable contracts/efforts that reflect recent and the relevant. To be considered relevant the offeror should provide recent corporate experience of similar scope, magnitude and complexity. To be considered recent, the contract/effort must have been within the past three (3) years. The list should include the following information for each effort or contract:

1. Name and address of the contracting activity (buying and administrative)

2. Contracting Officer’s (or similar commercial agent) Name – Include a verified email, phone and fax number

3. Contracting Officer’s Representative/Contract Manager Name – Include a verified email, phone and fax number

4. Contract Number

5. Contract/Effort Name

6. Contract Type (Firm-Fixed Price, Cost Reimbursement, IDIQ, etc.)

7. Total contract value including option years

8. Description of work performed

9. Performance Period – Base Year and number of Option Years

10. Problems and Corrective Actions – The offeror shall include information on problems encountered and corrective actions taken on all contracts. Include a brief description of any dispute/claim. Be specific in identifying the problem and resolution.

(B) Past Performance Questionnaire. Offerors shall complete Section A of the Past Performance Questionnaire (Attachment 3) and send to each Contracting Office/Agency identified in the Past Performance References. The Past Performance Questionnaire shall be completed by the cognizant Contracting Officer/Agency the offeror contracted with and emailed directly to the Contract Specialist and Contracting Officer. Note: The Contracting Officer will not accept surveys emailed by the offeror. Offerors should use every diligent effort to follow-up with each Office/Agency to ensure the Contracting Officer receives the past performance questionnaires no later than the offer due date/time. The responsibility to send out the Past Performance Questionnaire rests solely with the offeror. Once the questionnaires are completed by your reference points of contact, the information therein shall be considered procurement sensitive and shall not be released to you, the offeror. Completed Past Performance Questionnaires should be submitted via email to david.m.hoag.civ@mail.mil and cynthia.c.turner.civ@mail.mil.

(C) Subcontractor Consent (if applicable). Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide a letter from your proposed subcontractor(s) that will perform principal aspects of the requirement consenting to the release of their past performance information to the prime contractor.

(13) Protest Instructions.

i. Protest is defined in Part 33.101 of the Federal Acquisition Regulation.

ii. Any protests to the agency, per FAR 33.103, shall be submitted to the Contracting Officer at the address provided in the Addendum to FAR 52.212-1 Paragraph (b) above, or electronically to david.m.hoag.civ@mail.mil.

mailto:david.m.hoag.civ@mail.mil mailto:cynthia.c.turner.civ@mail.mil

ii. A copy of any protest to GAO shall be furnished to the Contracting Officer at the address provided in the Addendum to FAR 52.212-1 Paragraph (b) above, or electronically to david.m.hoag.civ@mail.mil in accordance with FAR 33.104.

(14) Submission Questions.

i. Formal communications, such as requests for clarification, questions, and/or written information concerning this solicitation shall be submitted to the Contracting Officer in writing via email at cynthia.c.turner.civ@mail.mil or david.m.hoag.civ@mail.mil, or fax at 618-220-7082.

ii. No information concerning this solicitation or requests for clarification will be provided in response to offeror-initiated telephone calls. Written questions will be answered in writing and provided to all offerors via www.fbo.gov. Due to the time required to research a question and provide an answer, questions received less than 15 calendar days prior to the due date of offers specified in this solicitation may not be answered.

iii. The request shall be in the following format:

Reference: Section _____, Page _____, Paragraph _____ Question: ______________________________________

FAR 52.212-1 Paragraph (c) Period for acceptance of offers is changed to read as follows:

The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

FAR 52.212-1 Paragraph (e) Multiple offers is changed to read as follows:

Multiple offers with identical Commercial and Government Entity (CAGE) codes shall be excluded from consideration.

FAR 52.212-1 Paragraph (g) Contract Award is tailored to read as follows:

The Government intends to evaluate offers and award a single contract after discussions with offerors. However, the Government reserves the right to award without discussions. Therefore the offeror’s initial offer should contain the offeror’s best terms from a technical and price standpoint. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest priced offer, and waive informalities and minor irregularities in the offers received.

FAR 52.212-1 Paragraph (k) System for Award Management is tailored to read as follows:

The Offeror shall be registered in the SAM database prior to the proposal due date in order to submit representations and certificates electronically. Offeror shall remain registered during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database by the time prescribed, the Offeror will be determined ineligible for award and be excluded from further competition.

Offerors shall ensure their company information in SAM is accurate and complete. Offerors shall also ensure the company information provided in the offer is consistent with the information in SAM.

After the offeror has completed annual representations and certificates electronically via SAM, the offerors shall complete only paragraph (b) of FAR 52.212-3 – Offeror Representations and Certifications—Commercial Items.

FAR 52.212-1 Paragraph (l)(7) Debriefing is added:

Debriefings may be provided in writing, orally, or in person, at the Government’s discretion.

mailto:cynthia.c.turner.civ@mail.mil mailto:david.m.hoag.civ@mail.mil

(End of Addendum)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-2 is replaced in its entirety.

(a) The Government intends to award a single contract as a result of this solicitation. Proposals will be evaluated and a contract awarded under the Best Value Continuum approach, to the lowest price, technically acceptable offer that meets or exceeds the technical capability, cybersecurity, and past performance standards established below. In order for an Offeror to be considered for award, the proposal must receive an “Acceptable” or “Reasonably Susceptible of Being Made Acceptable” rating in every non-price factor. Any proposal receiving a rating of “Unacceptable” in any non-price factor will not be further evaluated. The Government intends to evaluate proposals and make award without discussions, however, the Government reserves the right to conduct discussions if the Contracting Officer later determines discussions to be necessary. Offerors are cautioned that restating or “parroting” of the PWS with a statement of intent to perform does not reflect understanding of the requirement or capability to perform.

(1) The following factors shall be used to evaluate offerors:

a. Price

b. Technical Capability

c. Cybersecurity

d. Past Performance

(b) Evaluation Process - After receipt of proposals, the Government will calculate the Total Proposed Price (TPP) of all offerors as described below and rank them in ascending order. Technical Capability and Past Performance evaluation will begin with the proposal calculated to have the lowest TPP.

(1) If the lowest priced offeror has an Acceptable Technical Proposal, the Government will evaluate the offeror’s the Cybersecurity. If the Cybersecutiry is found Acceptable, the Government will evaluate the offeror’s Past Performance. If that Past Performance rating is Acceptable and that offeror’s pricing is determined fair and reasonable, that offer represents the best value for the Government and the evaluation process stops at this point.

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

(2) If the lowest priced offer is rated either Reasonably Susceptible of Being Made Acceptable or

Unnacceptable in either its Technical Capability, Cybersecurity, or Past Performance the next lowest priced offer will be evaluated. This process will continue until an offeror is determined to be Acceptable in its Technical Capability, Cybersecurity and Past Performance, or until all offers are evaluated. At this point, the Contracting Officer may make an integrated best value decision and award without discussions or may, if in the Government’s best interest, establish a competitive range and enter into discussions. After conclusion of discussions and submission of final proposal revisions, the Contracting Officer will then make an integrated best value assessment and award decision.

(c) Factors shall be evaluated in the following manner:

(1) Factor 1 – Price. Price will be considered in determining the best value offeror. Price will be evaluated for completeness and reasonableness; however, price will not be rated. The Government will use the total evaluated price calculated in Attachment #2, pricing rate table, in order to make a best value determination. In no event will the Government make an award against an offer that the Government does not find to be fair and reasonably priced.

a. If the Government extends the contract pursuant to FAR 52.217-8, Option to Extend Services, such extension will be at the rates in effect under the contract when the option is exercised. For the Total Evaluated

Price calculation, pricing for a 6-month extension of services period will be based on the prices of Option Period 4.

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. Evaluation of options shall not obligate the Government to exercise the option(s).

(2) Factor 2 - Technical Capability. Technical Capability will be evaluated on an Acceptable, Reasonably Susceptible of Being Made Acceptable or Unacceptable basis. Initially, Technical Capability will receive one of the following ratings.

Rating Definition

Acceptable The proposal meets all requirements identified in the solicitation. Only those proposals determined acceptable, either initially or as a result of discussions, will be considered for award. Once deemed acceptable, all proposals are considered equal.

Reasonably Susceptible of Being Made Acceptable

The proposal does not meet all the requirements in the solicitation based on the initial offer. However, there is reason to believe through revisions, an acceptable proposal could result. For award without discussions, these proposals are considered “unacceptable.”

Unacceptable Fails to meet one or more requirements in the solicitation identified and major revisions would be required to make the proposal acceptable. Proposals with an unacceptable rating will not be considered for award

Proposals receiving a Technical Capability rating of Reasonably Susceptible of Being Made Acceptable may be considered for award. After discussions and submittal of Final Proposal Revisions, if any, proposals initially rated Reasonably Susceptible of Being Made Acceptable will be rated Acceptable or Unacceptable. Proposals receiving an initial or final rating of Unacceptable will no longer be considered for award. The following subfactors will be evaluated for Technical Capability:

a. Subfactor 1 – Staffing. The offeror’s staffing approach includes adequate positions and numbers of employees for each position to accomplish the requirements of the PWS. It also includes a brief position description for each position identified. The Offeror’s approach is logical, demonstrates a thorough understanding of all requirements and should result in successful accomplishment of all tasks described in the PWS.

b. Subfactor 2 - Technical Approach. The offeror’s technical approach demonstrates:

(xv) Capabilities to execute logistics and tracking services per PWS sections 1 and 2.

(xvi) Capabilities to execute IBS-CMM functions per PWS sections 1 and 20.

(xvii) Ability to process and verify cargo shipping and customs documentation per PWS section 2.

(xviii) A process for compiling and submitting all required reports per PWS sections 3, 8, 12, 20, 21 and 22.

(xix) Capabilities to successfully conduct cargo movement reporting per PWS sections 1 and

8.

(xx) Capabilities to successfully comply with the security and access requirements per PWS section 6.

(xxi) Capabilities to successfully track import and export container numbers and seal numbers at all required locations within Afghanistan and Pakistan per PWS sections 8 and 9.

(xxii) Capabilities to conduct RFID/CIDD/Satellite tag scanning at all required locations within Afghanistan and Pakistan per PWS section 10.

(xxiii) Capabilities to dispatch personnel to locations within Afghanistan and Pakistan to conduct surveys and inspections per PWS section 11.

(xxiv) Capabilities to provide Universal Services Contract contractor surveillance per PWS section 12.

(xxv) Capabilities to conduct research and analysis on factors affecting cargo movement per

PWS section 13.

(xxvi) Capabilities to provide cargo expediting services per PWS section 14.

(xxvii) Capabilities to execute Bagram specific requirements per PWS section 20.

(xxviii) The ability to execute PWS functions 7 days per week per PWS sections 1, 20 and 21.

The offeror’s technical approach is logical, demonstrates a thorough understanding of all requirements and should result in successful accomplishment of all tasks described in the PWS.

(3) Factor 3 - Cybersecurity. Cybersecurity will be evaluated on an Acceptable, Reasonably Susceptible of Being Made Acceptable or Unacceptable basis. Initially, Cybersecurity will receive one of the following ratings.

The proposal meets all requirements identified in the solicitation. Only those proposals determined acceptable, either initially or as a result of discussions, will be considered for award. Once deemed acceptable, all proposals are considered equal.

Reasonably Susceptible of Being Made Acceptable

The proposal does not meet all the requirements in the solicitation based on the initial offer. However, there is reason to believe through revisions, an acceptable proposal could result. For award without discussions, these proposals are considered “unacceptable.”

Unacceptable Fails to meet one or more requirements in the solicitation identified and major revisions would be required to make the proposal acceptable. Proposals with an unacceptable rating will not be considered for award

Proposals receiving a Cybersecurity rating of Reasonably Susceptible of Being Made Acceptable may be considered for award. After discussions and submittal of Final Proposal Revisions, if any, proposals initially rated Reasonably Susceptible of Being Made Acceptable will be rated Acceptable or Unacceptable. Proposals receiving an initial or final rating of Unacceptable will no longer be considered for award.

To be rated Acceptable, 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 PWS Appendix C, Minimum Security Controls

- Cyber Security, 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.

(4) Factor 4 - Past Performance. The government past performance evaluation team shall evaluate each offeror’s performance information using questionnaires and performance information independently obtained from government or commercial sources.

a. The evaluation team will determine the recency and the relevancy of each past performance effort being evaluated. To be considered a recent effort, the effort must be currently on-going, or have been completed within three (3) years of proposal submission. Past performance which cannot be validated by a source other than the offeror will not be considered in the Past Performance Confidence Assessment.

(i) The Government will conduct a performance evaluation based upon the past performance of the offerors performing major or critical aspects of the requirement as it relates to the probability of successfully performing the solicitation requirements.

(ii) Past Performance will be evaluated on an Acceptable or Unacceptable basis only.

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort.

(d) 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)