PROTEST AMENDMENT 0007.pdf

N40080-25-R-2233 Regional 8(a) Custodial Services

Amendment 0007 April 28, 2026

The purpose of the amendment is to:

1. Reopen Combined Synopsis/Solicitation N4008025R2233, in response to the GAO pre-award protest issued on March 13, 2026.

2. Revise Factor 1, Technical and Management Approach, Workforce Management; removed Environmental/Energy Manager, replaced with On-Site Supervisor.

3. Revise Factor 2, Corporate Experience, Size.

4. Incorporate revised Annex 0200000 C Management and Administration at Spec Item 2.7.1.4, removed

Environmental/Energy Manager, replaced with On-Site Supervisor.

5. Change the performance date from 1 April 2026 through 31 March 2026 to 1 July 2026 through 30 June

2031.

6. Respond to associated RFIs.

7. Change proposal due date due Wednesday, May 6, 2026 at 10:00 am EST.

All other terms and conditions remain unchanged.

PIEE Solicitation Module Link for N4008025R2233

GOVERNMENT RESPONSE TO QUESTIONS

Will there be an extension to the proposal due date, given that the Q&A responses have not yet been released?

GOVT: As of this amendment, the solicitation is reopened and proposal are due on Thursday, April 30, 2026 at 10:00 am EST.

Is the evaluation criteria threshold definitively $8 million per year for contracts?

GOVT: See amendment for revised Factor 2, Corporate Experience.

Should we interpret that all positions listed under Section 2.7.1 (pages 22–24 of the original synopsis) are considered Key Personnel? The language suggests this; however, the Evaluation Criteria references only four positions.

GOVT: See amendment for revised Factor 1, Technical and Management Approach.

Are Onsite Managers considered Key Personnel GOVT: See Section C, Annex 0200000, Spec Item 2.7.1.4 for On-Site Supervisors. Onsite Manager is not listed in Annex 020000.

https://piee.eb.mil/sol/xhtml/unauth/search/oppMgmtLink.xhtml?noticeId=N4008025R2233&noticeType=CombinedSynopsisSolicitation

N4008025R2233 Regional 8(a) Custodial Services

SECTION M EVALUATION FACTORS FOR AWARD

A. Basis for Award

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract, to negotiate with offerors in the competitive range, and to award the contract to the offeror submitting the lowest priced, technically acceptable offer (LPTA).

2. As stated in the solicitation, the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

4. An overall non-price factors rating must be at least “ACCEPTABLE” to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

EVALUATION FACTORS FOR AWARD

NOTE: For any elements to be included in the solicitation that are included in the SSP (e.g., evaluation factors, significant subfactors, and relative order of importance, etc.), the solicitation language must be verbatim from the language in the SSP. The evaluation factors for award, basis of evaluation and submittal requirements specified in Sections L and M (or a non-UCF solicitation) of the RFP should be consistent with what is stated in the SSP.

1. The solicitation requires the evaluation of price and the following non-price factors:

Factor 1 – Technical and Management Approach Factor 2 – Corporate Experience Factor 3 – Safety Factor 4 – Past Performance

The distinction between Corporate Experience and Past Performance is Corporate Experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past Performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

2. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Price (Non-technical):

(i) Solicitation Submittal Requirements:

Price shall be submitted on the Price Proposal Form included in the solicitation. The Offeror shall submit one electronic copy per the instructions provided in the solicitation submittal requirements identified in the SF1449, Section L - Instructions to Offerors,. The Price and Non-cost/price Factors shall be submitted in separate files and submitted in Portable Document Format (PDF). Price information included in the non-price/technical proposal will not be considered. Likewise, non- price/technical information included in the price proposal will not be considered.

The Offeror is required to submit a complete Price Proposal Form that includes completion of all contract line items numbers (CLINs) for the seed project as described. All required proposal documents shall be submitted in accordance with FAR 15.208.

(i) Executed SF1442(SF30) Offeror shall insert its company name and address in Block #17a, telephone number in Block #17a, acknowledge all amendments in Block #15a (if applicable), name and title of person authorized to sign in Block #15a, signature in Block #15b, and offer date in Block #20C of the SF30. In addition, Offeror shall provide a cover page with solicitation number, solicitation title, Offeror name, address, phone number, fax number, United Entity Identifier (UEI), CAGE code, Employer Identification Number (EIN), and Federal Tax ID number, Point of Contract (POC), POC phone number, and email address, with its proposal. If a JV, this information should be provided for each member.

(ii) SAM Registration Offeror shall ensure current registration on the SAM Website, www.sam.gov, including Annual Representations and Certifications are complete and updated for this procurement. If a Representation or Certification required by Section K of the RFP is not provided in SAM, include the representation or certification in your price proposal. Proposals submitted by Offerors who do not have an active SAM registration at the time of proposal receipt shall not be considered.

(iii) Sam Contractor Responsibility Offeror shall ensure System for Award Management (SAM) Contractor’s Responsibility Certification as required by FAR 52.209-7, Information Regarding Responsibility Matters.

(iv) VETS-4212 Registration Confirmation of filing of Veterans’ Employment and Training (VETS-4212) for the 2023/2024 filing cycle.

Offeror shall ensure a current VETS-4212 report has been submitted to the Department of Labor (DOL) website, http://www.dol.gov/vets/vets4212.htm, if the Offeror is required to submit. An email confirmation of submission can be requested and received by the Offeror from the DOL website and submitted in the price proposal. If the Offeror is not required to submit a report to VETS-4212, include a brief statement and justification explaining why the Offeror is not required to submit a report. Visit the VETS-4212 website for details concerning if your company is required to submit a VETS-4212 report and to request an email confirmation of submission.

(v) Joint Venture (JV) Agreement (if applicable) If the Offeror is a JV, clearly submit the name of each entity that comprises the JV (Offeror). For each entity, provide the complete name of the firm, address of the entity, Unique Entity Identifier (UEI), CAGE code, Point of Contact (POC), POC phone number, and POC email address. Provide a copy of the signed JV agreement.

NOTE: A small business joint venture Offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business.

(B) Service-disabled veteran-owned small business.

(C) Women-owned small business (WOSB) under the WOSB Program.

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

ADDITIONAL INFORMATION TO BE SUBMITTED WITH PRICE PROPOSAL PACKAGE:

RESPONSIBILITY DETERMINATION INFORMATION - In order to be eligible for award, the Offeror must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards. In a separate Tab, the offeror shall provide the following information in the price proposal package:

1. One (1) signed bank reference demonstrating adequate financial resources. If Offeror’s firm has a line of credit

– provide information on how many figures Offeror can borrow against the line of credit (i.e. medium 6 figures

– exact line of credit is not required). (Exhibit A Financial Questionnaire)

2. The latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the Offeror. Offerors may provide proprietary financial statements only via email to shonn.m.gilkes.civ@us.navy.mil and james.h.waite.civ@us.navy.mil in lieu of submitting within the system. Additional information included with financial statements will not be considered.

3. Description of Offeror’s facilities and equipment.

4. Other offeror’s work presently under contract.

Although required to be submitted with offeror’s price proposal, this information’s not evaluated as part of the price proposal. This information forms the basis of your firm’s responsibility determination should your firm be considered for award.

(b) Technical Factors:

1. Factor 1, Technical and Management Approach:

The offeror must submit under this factor all the requested submittal requirements for each item below. Page limits per item will be adhered to and any pages in excess of the page limits per item will not be considered as part of the evaluation of the item. The offeror shall submit the following:

The offeror shall submit a narrative response that clearly demonstrates its understanding of and approach to accomplishing the complexity and magnitude of service requirements set forth in the performance objectives and standards of the Performance Work Statement. Each of the components below must be tabbed in the technical proposal and discussed separately.

A. Phase-In/Phase-Out Transition Plan. Describe what you will do to “startup” and demobilize for the performance of this contract. The phase in transition period is 30 days and the Phase-out transition period is 30 days as per Section L of the solicitation of the RFP. Include a schedule of key events, personnel actions and responsibilities regarding employees at all levels.

B. Workforce Management. Provide an explanation of how the Offeror will organize staff and specify how the offeror plan to retain qualified workers at management and operational levels under the contract. Organizational chart should identify management, key positions and elements of the Offeror’s organization and staffing under this contract.

If subcontractors are used identify their percentage of involvement as they relate to the specific sections of the PWS. Provide resumes showing experience and qualifications stated in Annex 0200000, Spec Item 2.7.1 for the following Key Personnel:

mailto:shonn.m.gilkes.civ@us.navy.mil mailto:james.h.waite.civ@us.navy.mil

Spec Item 2.7.1.1 Project Manager Spec Item 2.7.1.2 Quality Manager Spec Item 2.7.1.2.1 Quality Control Personnel Spec Item 2.7.1.3 Site Safety Health Officer and Spec Item 2.7.1. On-Site Supervisor

Discuss how you will accomplish unscheduled non-recurring requirements and not adversely impact the schedule of recurring effort. (Exhibit D Key Personnel)

C. Organization Chart. Offerors must submit an organizational chart that depicts and describes the requirements of Item (B) Workforce Management of this solicitation.

Provide detailed Staffing Chart depicting levels of authority and chain of command to the lowest level, including subcontractors.

D. Quality Management System: Describe the proposed Quality Control structure and processes to ensure that quality services are provided utilizing appropriate inspection techniques in a specified schedule at each location. The offeror should describe the methodology to identify, track and address performance deficiencies necessary to ensure that quality services are provided in a timely manner. The plan should also address processes necessary to ensure that operating procedures are monitored, changed to correct and prevent performance deficiencies and that personnel are appropriately trained to accomplish operating procedures, including necessary changes.

(ii) Basis of Evaluation:

To receive a rating of “Acceptable” for this factor, the narrative must provide an explanation of how the offeror will meet the requirements. The Government will evaluate the feasibility of the offeror’s technical/management approach to provide the full range of support services described in the Performance Work Statement (PWS). Simple statements that the offeror will fulfill the requirements without a detailed description of how an offeror will accomplish the work maybe insufficient to demonstrate that the offeror can perform the contract requirements, which may result in a technical rating of “Unacceptable”. Do not assume the evaluator(s) is/are familiar with the technical approach of your company based on other contracts with this or another agency

a. Transition Plan. The Government will evaluate the transition plan to ensure it sets forth a schedule to accomplish the transition in 30 days.

b. Workforce Management: This factor evaluates the Offeror’s approach to providing qualified personnel for all workload requirements for all locations. The Government will evaluate the proposed staffing plan to ensure it includes a staffing chart that shows the level of authority, chain of command to the lowest level including subcontractors, the number of productive hours per week or year for each full time and part time employee and the rational for the direct labor hours consistent with the staffing plan. This requirement is met when the Offeror’s proposal provides a workload chart with analysis of the manning levels and personnel mix for all workload requirements in the PWS; demonstrates the offeror has the required security clearances to ensure they will be able to perform work where Secret and Top Secret clearances are required; demonstrates the key personnel meet the qualifications stated in Annex 0200000, Spec Item 2.7.1.

c. An organizational structure that shows the quality manager and/or safety manager reporting to the project manager may be rated Unacceptable.

d. Quality Management System (QMS). The requirement is met when the plan includes a methodology to identify, track and address performance deficiencies necessary to ensure that quality services are provided in a timely manner and processes necessary to ensure that operating procedures are monitored, changed to correct and prevent performance deficiencies and that personnel are appropriately trained to accomplish operating procedures, including necessary changes.

2. Factor 2, Corporate Experience:

The attached project data sheet (Exhibit B Corporate Experience) is MANDATORY and used to submit project information. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed two (2) pages.

In the event the Project Data Sheet exceeds two (2), Offerors will receive evaluation of the two (2) pages and the remainder not be evaluated.

The Offeror must submit three (3) Janitorial services projects that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the solicited projects as defined in the chart below. For the purpose of this evaluation, submitted projects must have been completed with-in five years preceding the release of the solicitation (if the contract is ongoing, at least twelve months performance must be completed at the time of release of the solicitation.) All [three] projects submitted must be recent and relevant projects similar in scope, complexity and contract size including base plus option year(s), valued at $6,500,000.00 or greater per year.

- Scope: Providing janitorial services in accordance with Annex 0150310

- Complexity: Please demonstrate each of the following:

1. Project must involve management and Janitorial services that included the management of a staff of a minimum of fifty-five (55) personnel who are providing custodial services.

2. Project must involve management, custodial services on a recurring and non-recurring basis at multiple locations in multiple jurisdictions.

3. Project must involve Janitorial services that included the management of services for multiple types buildings at multiple locations. Types of buildings include office spaces, restrooms, Child Development Centers, Youth Centers and Food Service areas.

To be evaluated acceptable the offeror must demonstrate at least two (2) recent and relevant projects and collectively demonstrate experience providing custodial services to CDCs, Youth Centers, Food Service Areas, and multiple other types of buildings at multiple locations simultaneously.

(3) Factor 3, Safety:

The Offeror shall submit the following information:

The Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate; and Total Case Rate (TCR) for the specified five (5) Calendar Years (CY), as well as a safety narrative, as described below. For a partnership or joint venture, the Offeror shall submit separate DART and TCR rates for the specified five (5) CY for each contractor who is part of the partnership/joint venture;

however, only one safety narrative is required. Any fatalities experienced within this 5-year timeframe must be explained in detail, to include root cause and corrective actions. (Exhibit E Safety Data & Narrative)

NOTE: DART and TCR shall not be submitted for subcontractors

1. DART Rate: Submit five (5) previous complete calendar years’ [CY2020, CY2021, CY2022, CY2023, and CY2024] worth of data (not an overall average). If the Offeror has no DART rate, for any year, affirmatively state so and explain why.

a. DART cases include injuries or illnesses resulting in death, days away from work, and/or restricted work or transfer to another job days beyond the day of injury/illness.

b. Calculation of DART rate: Multiply the total number of DART cases by 200,000, and then divide by the number of employee labor hours worked.

𝑫𝑫𝑫𝑫𝑫𝑫𝑫𝑫 𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹 =

Number of DART Incidents x 200,000

Total Number of Employee Labor Hours Worked

2. TCR Rate: Submit five (5) previous complete calendar years’ [CY2020, CY2021, CY2022, CY2023, and CY2024] worth of data (not an overall average). If the Offeror has no TCR rate, for any year, affirmatively state so and explain why.

a. TCR cases include injuries or illnesses resulting in death, days away from work, restricted work or transfer to another job days beyond the day of injury/illness, medical treatment beyond first aid, or loss of consciousness.

b. Calculation of TCR rate: Multiply the total number of TCR incidents by 200,000, and then divide by the number of employee labor hours worked

𝑻𝑻𝑻𝑻𝑻𝑻 𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹 =

Number of TCR Incidents x 200,000

Total Number of Employee Labor Hours Worked

3. Technical Approach to Safety: Submit a narrative that addresses the following:

a. Describe the Offeror’ s approach to implementing and executing a Safety Management System (SMS) including Management/Leadership involvement, Employee involvement, Hazard prevention, Hazard control, Worksite analysis, and Safety and health training, to include the standard(s) used to benchmark the SMS.

b. Describe the evaluation process used to select potential subcontractors.

c. Describe the processes of how the Offeror will oversee safety compliance of subcontractors at all levels throughout performance of the contract (to include the Offeror’s own in-house workforce).

d. The Technical Approach to Safety narrative shall be limited to two (2) single-sided pages or one (1) double-sided page.

4. The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS), Contractor Performance Assessment Reporting System (CPARS), Electronic Contract Management System (eCMS), etc.

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors. To meet the minimum requirements, the Offeror must demonstrate the following:

1. DART rates at or below 2.99

2. TCR Rates at or below 4.49

NOTE: If the Offeror’s rates exceed the established levels above for any of the five years, it will result in a deficiency.

3. Technical Approach to Safety

a. Offeror describes a viable SMS that addresses elements; such as Management/Leadership involvement, Employee involvement, Hazard prevention, Hazard control, Worksite analysis, and Safety and health training, to include the standard(s) used to benchmark the SMS.

b. Offeror describes a methodical process of evaluating subcontractor’s safety performance in their selection process.

c. Offeror describes a logical management plan to hold both themselves and their subcontractors accountable for adhering to the safety requirements of the contract.

4. The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS), Contractor Performance Assessment Reporting System (CPARS), Electronic Contract Management System (eCMS), etc.

(4) Factor 4, Past Performance:

Offerors shall provide CPARS for each project submitted for Factor 2, Corporate Experience. IF THERE IS NOT A COMPLETED CPARS EVALUATION, a completed Past Performance Questionnaire (PPQ) (Exhibit C Past Performance) form must be submitted for each project the offeror includes in its proposal for this Factor 2.

a. IF A CPARS EVALUATION IS NOT AVAILABLE and if the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment C), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires submitted directly to the Government's point of contact, John Bean, Contracting Officer’s Representative, john.f.bean.civ@us.navy.mil and Shonn Gilkes, Contracting Specialist, shonn.m.gilkes.civ@u.s.navy.mil prior to proposal closing date.

b. Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

c. For the purpose of the past performance evaluation, a relevant project is defined any custodial services contract performed within the last five (5) years.

The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and

- Recency of tasks performed that are identical to, similar to, or related to the task at hand”

EVALUATION FACTORS FOR AWARD