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N6134023R0058
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
The following have been modified:
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541511.
(2) The small business size standard is $34,000,000.00.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541511, if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.
(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] X (i) 52.204-17, Ownership or Control of Offeror.
X (ii) 52.204-20, Predecessor of Offeror.
X (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
X (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
X (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
X (vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
X (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2023-O0002) (MAR 2023)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [541511].
(2) The small business size standard is [34,000,000].
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541511, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that—
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-
(1) Be punished by imposition of fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
SECTION M - EVALUATION FACTORS FOR AWARD
The following have been modified:
SECTION M
EVALUATION FACTORS
Part A. GENERAL INFORMATION
1.0 GENERAL
The Government expects to select one Offeror whose proposal provides the best value, to the Government, using the trade-off analysis. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The Offeror is advised that the lowest priced proposal meeting the solicitation requirements may not be selected for an award if award to higher priced Offeror is determined to be more beneficial to the Government. However, the perceived benefits of the higher priced proposal must merit any additional price.
The government will not evaluate classified proposals or any classified information.
2.0 EVALUATION PROCESS
The Government intends to award without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer (CO) to be necessary.
For the Technical factor an acceptable/unacceptable rating will be assigned. Offerors are advised that during the evaluation process, a technical factor with an “Unacceptable” rating will be unawardable. If an offeor’s Technical proposal is Unacceptable, the government will not evaluate the other factors.
For Past Performance, the Government will assign a Performance Confidence Assessment Rating. The assessment reflects the government’s level of confidence in the offeror’s ability to successfully perform the solicited effort based on the offeror’s record of recent and relevant past performance.
The government will utilize a Cost Realism approach to determine the Probable Cost/Price (PC/P)/Price (PC/P). The higher of the PC/P or proposed cost/price will be used in the tradeoff.
3.0 EVALUATION FACTORS FOR AWARD
Proposals will be evaluated using the factors, listed below.
Each offeror will be evaluated based on the following factors:
(1) Technical
(2) Past Performance
(3) Cost/Price
Past-Performance is significantly more important than price/cost.
PART B: SPECIFIC INFORMATION
1.0 TECHNICAL
1.1 Security Clearance. The government will confirm that the name, address, and CAGE Code listed in Attachment L-T1 is the prime contractor or JV Team Member and matches the information for one of the entities in the table in Administrative. If the information does not match that of the prime contractor or JV Team Member and the information in the table in Administrative, then the proposal is Unacceptable. If the information does match, then the government will check National Industrial Security System (NISS) using the name, address, and CAGE Code provided in Attachment L-T1. If that entity does not have a facility clearance in NISS at that time, then the proposal is Unacceptable.
1.2. Technical Experience. The government will review Attachment L-T2 and the related, submitted contract(s). The government will review the cited portion of the contract(s) to confirm the offeror was required to manage performance at a site in a foreign country (excluding U.S. territories) and two sites in CONUS. The government will only consider the contract itself (not documents external to the contract like emails, report submittals, or self-assertions) in assessing whether the offeor demonstrates that the contract(s) required the management of the above sites. The government is not obligated to search the contract documents on any page/paragraph that is not cited in Attachment L-T2. If the contract(s) does not demonstrate that the offeror was required to manage performance at a site in a foreign country (excluding U.S. territories) and two sites in CONUS, then the proposal is Unacceptable.
If either the Security Clearance element or the Technical Experience element is Unacceptable, then the proposal is unawardable and the government will not evaluate the other factors or further consider the proposal.
2.0 PAST PERFORMANCE
Under Past Performance, the Government will evaluate recent and relevant performance to determine how well an Offeror has performed work similar to the work required by the solicitation. When proposals are received from Joint Ventures and subcontractors, specifically formed by the Offeror to propose on a particular acquisition, the past performance evaluation will consider individual JV team member’s relevant past performance. There are three aspects to the past performance evaluation: recency, relevancy, and demonstrated past performance. After evaluating the Offeror’s past performance information, the government will assign a Performance Confidence Assessment Rating. More relevant past performance will typically be a stronger predictor of future success and have more influence on the Performance Confidence Assessment Rating than past performance of lesser relevance. In the case of an Offeror without a record of relevant past performance, the Offeror will receive a Performance Confidence Assessment Rating of “Unknown Confidence (Neutral)” which is considered a “Neutral” rating.
The government will evaluate a maximum of two proposed past performance references. If the Offeror attempts to submit more than two references, the government will only evaluate the first two references listed in Attachment L-P1 of the Offeror’s proposal. The government will only consider Past Performance Questionnaires if no CPAR exists.
The government will evaluate the Offeror’s proposed past performance references, specifically the portions of the references identified in the Offeror’s Attachment L-P2. The government has no duty to search for missing pieces of the contract or to search parts of the contract that is not cited by the Offeror in Attachment L-P2. Moreover, the government will not consider any statements or descriptions of the past performance references that are not included within the contracts themselves. For example, the government will not consider document deliverables under the contract or offeror self-descriptions of work performed.
2.1 Recency - The first aspect of the past performance is to evaluate the recency of the Offeror’s past performance being evaluated. Recency as it pertains to past performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.
Past performance will be considered recent if the contract/order has been performed within three years of the final solicitation release date. If any portion of a reference’s performance occurred within the three year window, then the government will consider all performance under the contract (or order, in the case of orders under IDIQs). Past Performance that is not recent will receive no further consideration, with no opportunity to submit a replacement, even if the government requests revised proposals.
For single-award indefinite delivery past performance references, only the task or delivery orders (maximum of two) submitted for consideration will be evaluated for recency, not the base contract.
2.2 Relevancy - The second aspect of the past performance evaluation is to evaluate how relevant the Past Performance being evaluated is to the requirements of this solicitation. The government will evaluate the past performance references to determine how relevant each is to this solicitation.
Any past performance reference found to be Not Relevant will receive no further consideration, with no opportunity to submit a replacement, even if the government requests revised proposals.
In determining relevancy, the government will compare the contract types (cost or fixed price), the location and divisions of the company that performed the effort (CAGE Code), scope (tasking similar to Attachment J-1 SOW, paragraph 3.2.1), magnitude (total dollar value), and complexity (number of total sites managed and number of sites outside the United States managed) of the past performance reference effort to the effort required by this solicitation.
For single award IDIQ contracts the Government will aggregate the information for up to a maximum of two orders submitted in the proposal when assessing relevance. Orders under MACs will be assessed as individual references.
Only past performance of the Offeror (including JV Team Members and major subcontractors) is relevant. The government will only consider past performance of some other CAGE Code if (1) the Offeror demonstrates that it acquired that other CAGE Code through a corporate acquisition, reorganization, merger and the personnel, facilities, or other resources of that that other CAGE Code are now a part of the Offeror and will be used to perform the requirements of the solicitation, or (2) the government is required by 13 CFR 125.11 to consider the past performance where the Offeror submits the information required by 13 CFR 125.11.
| Rating |
| Definition |
| 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. |
2.3 Demonstrated Past Performance - The third aspect of the past performance evaluation is to evaluate the overall quality of the Offeror’s recent and relevant past performance. The Government will evaluate the Offeror, MAJOR subcontractors, and JV team members’ performance and focus its evaluation on the following areas:
1) Technical: Quality of Product or Service,
2) Cost Control,
3) Management.
A separate demonstrated past performance rating will not be assigned.
For those cases where the Offeror may have had past performance problems likely to occur again, the government will assess whether the Offeror successfully applied improvements to resolve those problems. Problems not addressed by the Offeror are considered to still exist.
Sources of past performance evaluation information may include information provided by the Offeror in response to the solicitation, information obtained from questionnaires, and any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information Systems, Electronic Subcontract Reporting System, or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.
Past performance information that obviously does not relate to the order(s) submitted under a single award IDIQ will not be considered.
2.4. Performance Confidence Assessment - The Past Performance evaluation culminates in the Performance Confidence Assessment Rating. The Performance Confidence Assessment Rating reflects the Government’s confidence that the Offeror will successfully perform the solicitation’s requirements based on the Offeror’s recent and relevant past performance record. While the government will evaluate the past performance references the Offeror submits as its best, most relevant references, the government may also take into account any show cause notices, cure notices and terminations for default on any contract performed within three years of the issuance date of the final solicitation. In assigning a Performance Confidence Assessment Rating and/or in the source selection authority’s tradeoff decision:
a. More relevant past performance will typically be a stronger predictor of future success and have more influence on the Past Performance Confidence Assessment than past performance of lesser relevance.
| b. | Past performance of an entity proposed to perform a significant percentage of the work (as indicated in Attachment L-P1) is more significant than past performance of an entity proposed to perform relatively little work; |
| c. | Past performance of an entity proposed to perform the Attached J-1, SOW, paragraph 3.2.1 tasking is more significant than past performance of an entity proposed to perform other portions of the Attachment J-1, SOW tasking; |
| d. | Performance under United States government contracts, or under first tier sub contracts of small businesses under U.S Government contracts, is more significant than performance under commercial contracts. |
| e. | Past Performance Questionnaires provided by another member of the offeror’s proposed team, an entity affiliated with the Offeror (e.g. parent, subsidiary), or by a competing offeror is not given as much weight as information from the Government or a disinterested third party. |
| f. | Past performance of prime contractor or a JV member is relatively more significant than past performance of a subcontractor |
The Government will employ the Performance Confidence Assessments Rating Method described in the table below. In the case of an Offeror without a record of recent relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown or neutral past performance.
| Rating |
| Description |
| Substantial Confidence |
| Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. |
| Satisfactory Confidence |
| Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. |
| Neutral Confidence |
| No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. |
| Limited Confidence |
| Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. |
| No Confidence |
| Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort. |
3.0 COST/PRICE
The Government will evaluate the Cost/Price Volume to assess: the probable price cost (PC/P), reasonableness, unbalanced pricing, and cost realism.
3.1 Probable Cost/Price. The probable cost/price (PC/P) is an Offeror’s total cost, including fee, and any additional adjustments the Government has determined necessary to make the proposed cost realistic for all periods. The PC/P also includes the firm fixed price efforts (mobilization), burdened ODCs, the Government-provided completion task estimates, and Government-calculated value of FAR 52.217-8, Option to Extend Services. The Government will calculate the value of FAR 52.217-8, Option to Extend Services for evaluation purposes only by dividing the probable cost of Year 7 under every tab in the offeror’s completed Attachment L-C1 Pricing Worksheet.
The PC/P may differ from the proposed cost/price. The higher of the PC/P or proposed cost/price will be used for purposes of evaluation to determine the best value. Contract awarded value, however, will be based upon the successful Offeror’s proposed cost/price.
3.2 Reasonableness. Normally, competition establishes price reasonableness. It is expected that the award decision will include a determination that there is adequate price competition and that the proposed prices are reasonable. In limited situations, additional analysis will be required by the Government to determine reasonableness. If, after receipt of a proposal, the Procuring Contracting Officer determines that adequate price competition does not exist and a determination is made that none of the exceptions in FAR § 15.403-1(b) apply, the offeror may be requested to provide certified cost and pricing data in accordance with FAR § 15.403-4. In accordance with FAR 15.404-1(b)(2), various price analysis techniques and procedures will be employed to ensure the prices being proposed for this requirement are fair and reasonable. To assist in the overall determination of price reasonableness, the Government will identify all instances where a proposed fully burdened labor cost exceeds the tripwire amount of $300K annually per employee. This also applies to a fully burdened subcontractor employee labor cost, inclusive of the prime contractor’s pass-through burden. An exceeded tripwire may ultimately be determined unreasonable absent justification.
3.3 Cost Realism. Except for otherwise unacceptable proposals when awarding on initial proposals, the Government will perform a cost realism analysis in determining the probable cost/price (PC/P) for each applicable offeror’s proposal. In conducting its cost realism evaluation, the Government will compare the Offeror’s proposal rates in the offeror’s completed Attachment L-C1 Pricing Worksheet to the substantiating documents provided in the Offeror’s proposal. The Government may also consider other pertinent cost information, such as average labor rate information and DCAA-recommended rates for such costs as direct labor, overhead, G&A, Glassdoor.com, Indeed.com and Salary.com.
4.0 ADMINISTRATIVE
Each offeror’s proposal will be evaluated to determine whether the offeror completed the information requested in Section L Part B, paragraph 4 of this solicitation. The information below is not part of the source selection authority’s “best value” tradeoff, but some of the information may be necessary for an offeror’s proposal to be acceptable for contract award. Unless otherwise noted below, any questions to offerors to resolve issues with the items below are not considered “discussions” as that term is used at FAR subpart 15.3, even if the information below is necessary for contract award. Unless otherwise noted below, any questions to offerors to resolve issues with the items below are considered informalities or minor irregularities rather than deficiencies that make an offeror unacceptable for award, even if the information below is necessary for contract award. The failure to comply with the government’s requests, however, may adversely impact the offeror’s evaluation results, and could result in the offeror being removed from consideration for award.
This volume contains the following Information:
A. Offeror Representatives and Information B. Terms and Conditions statement C. Joint Venture Agreement, if proposing as a joint venture D. Signed Completed and signed SF33 for basic solicitation and completed and signed SF30(s) for all amendments.
E. Signed Representations, Certifications and Acknowledgements and/or System for Award Management (SAM); completed copies of all certifications listed in Section K, F. Proposal validity for at least 270 days after proposal submission.
G. Documentation verifying that the Offeror, JV and Subcontractors has a DCMA approved Accounting System in accordance with DFARS clause 252.242-7006, or state that it’s Accounting System has not been approved by DCMA.
H. Completed table from Section L, Part B, paragraph 4.H that complies with FAR 52.219-14.
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File details come from the government source that posted it. Updated .