N6945022R0049-0010.pdf

NAVFAC ENGINEERING SYSTEMS COMMAND SE

PWD KINGSVILLE

201 NIMITZ AVE, BLDG 4711

KINGSVILLE TX 78363-5103

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

N6945022R0049, Kingsvillle Grounds Maintenance & Landscaping

See BLOCK 14 CONTINUATION PAGE on page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 27-Jul-2022

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 N6945022R0049

X 9B. DATED (SEE ITEM 11)

08-Apr-2022

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 X is extended, 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

27-Jul-2022

CODE

NAVFAC ENGINEERING SYSTEMS COMMAND SE

FSC-BOS

BUILDING 903, PO BOX 30

JACKSONVILLE FL 32212-0030

N69450 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE N69450

FACILITY CODECODE

EMAIL:TEL:

N6945022R0049

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0010

The purpose of this amendment is to make the following changes:

1) FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021), ii) Non-Price (Technical) Factors have been revised as follows (changes are shown in red strikethrough for deletions and blue underline for additions):

a. Revise the definition of a relevant project.

b. Factor 1, Corporate Experience, (i) Solicitation Submittal Requirements and (ii) Basis of Evaluation, removes the Joint Venture (JV) requirements and revises the corporate experience standard, Attachment JM-1, and corporate affiliate information.

c. Factor 2, Technical Approach, (ii) Basis of Evaluation, revises the minimum acceptability standard information.

d. Factor 3, Safety, (i) Solicitation Submittal Requirements and (ii) Basis of Evaluation, removes the technical approach to safety narrative requirements and the paragraphs regarding Government review of other available sources.

e. Factor 4, Past Performance, (ii) Basis of Evaluation, revises the basis of evaluation for past performance.

2) Addendum – Attachments have been revised as follows:

a. The JL-1 Labor Hours Worksheet has been updated to remove the CLIN 0002 Base Period Non- Recurring work tab and is provided under file name N6945022R0049_JL1_Labor_Hours_0010.xlsx.

b. The Service Contract Labor Standards Wage Determination 2015-5305 for Kleberg and Jim Wells

Counties has been updated and is provided under file name N6945022R0049_2015- 5305(Rev.19)_0010.pdf.

3) The proposal due date and time is extended to 2:00 PM EDT, Thursday, 11 August 2022.

All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 02-Aug-2022 02:00 PM to 11-Aug-2022 02:00 PM.

The following have been modified:

ADDENDUM

TYPE OF CONTRACT

Award of this solicitation will result in a facilities support indefinite-quantity contract with recurring work / firm fixed price (FFP) and non-recurring work / indefinite delivery indefinite quantity (IDIQ) provisions.

SERVICE REQUIREMENTS

This contract will provide for grounds maintenance and landscaping services under Sub-annex 1503050 Grounds Maintenance and Landscaping at Naval Air Station (NAS) Kingsville, Texas (TX) and Navy Auxiliary Landing Field (NALF) Orange Grove, TX. The outcomes for this acquisition are consistent with the Federal Acquisition Regulation (FAR) 37.101 definition of service contracts.

COMPETITION ENVIRONMENT

This contract is solicited as 8(a) small business set-aside.

NAICS CODE

The NAICS code is 561730, Landscaping Services.

PRIOR CONTRACT INFORMATION

The contract issued as a result of this solicitation will replace contract N6945017D1715, which is due to expire on 30 September 2022. That contract was awarded to Nugate Group, LLC, 31 North 2nd Street, Suite 325, San Jose, CA 95113-1233. This is provided for informational purposes only.

Period of Performance Recurring Non-Recurring Total

Base Year 1 Oct 2017 - 30 Sep 2018 $1,395,600.00 $58,430.00 $1,454,030.00

Option Period 1 1 Oct 2018 - 30 Sep 2019 $1,433,467.19 $58,430.00 $1,491,897.19

Option Period 2 1 Oct 2019 - 30 Sep 2020 $1,484,729.19 $58,430.00 $1,543,159.19

Option Period 3 1 Oct 2020 - 30 Sep 2021 $1,556,495.99 $58,430.00 $1,614,925.99

Option Period 4 1 Oct 2021 - 30 Sep 2022 $1,556,495.99 $58,430.00 $1,614,925.99

Total $7,426,788.36 $292,150.00 $7,718,938.36

PRICING OF CLINS

The contract pricing is structured into 12 Contract Line Item Numbers (CLINs). The base period is covered by CLINs 0001 and 0002. Each of the four one-year option periods is likewise covered by two CLINs. The FFP / recurring work base period requirement and the overall guaranteed minimum for the contract is CLIN 0001. CLINs 0003, 0005, 0007, 0009 and 0011 account for the recurring work requirements in each option period. CLINs 0002, 0004, 0006, 0008, 0010 and 0012 contain non-recurring work requirements that are pre-priced as part of your offer.

The CLINs are supported by Exhibit Line Item Numbers (ELINs). Before pricing the CLINs, complete the ELIN Attachment Excel spreadsheet. Submit the completed ELIN spreadsheet electronically with your quote in Excel (Microsoft Office version 2016 compatible) format. The spreadsheet contains 12 tabs of ELINs, each corresponding to a CLIN, which must be completed. The tabs are identified, for example, as: “CLIN 0001 – Base Period Rec.”

(which is Base Period Recurring for CLIN 0001), “CLIN 0002 – Base Period NR” (which is Base Period Non- Recurring for CLIN 0002), “CLIN 0003 - 1st OP Recurring” (which is Option Period 1 Recurring for CLIN 0003), “CLIN 0004 - 1st Option Nonrecurring” (which is Option Period 1 Non-Recurring for CLIN 0004), etc. ELINs with prefix “A” support the Base Period, ELINs with prefix “B” support Option Period 1, ELINs with prefix “C” support Option Period 2, ELINs with prefix “D” support Option Period 3, ELINs with prefix “E” support Option Period 4, and ELINs with prefix “F” support the FAR 52.217-8 Option Period pricing. Therefore, the total of ELINs A001 through A003 will be the amount you should enter in CLIN 0001. The total of A700 through A717 will be the amount you should enter in CLIN 0002. The total of B001 through B003 will be the amount you should enter in CLIN 0003. The total of B700 through B717 will be the amount you should enter in CLIN 0004. Continue pricing accordingly and make sure that the total of each tab of ELINs is equal to its corresponding CLIN value entered. The total of all ELINs should equal the total of CLINs 0001 through 0012.

MAXIMUM NOT TO EXCEED (NTE) AND MIN GUARANTEE

The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:

CLIN 0001, Base Period Recurring Work;

Minimum guarantees do not apply to the option periods.

PERFORMANCE WORK STATEMENT (PWS)

This is a performance-based contract which incorporates performance-based specifications. The files for the PWS are provided as the following attachment posted on the SAM website at https://sam.gov:

N6945022R0049_SectionC_PWS_0005.pdf.

CONTRACT TERM

The estimated start date is 01 October 2022. The initial contract term of performance is for one year (12 months).

The entire duration of the contract if all options are exercised is five years (60 months total). There are four option periods and each option period has a term of performance of one year (12 months). If the Government requires a shorter term or exercises an option for a period shorter than 12 months, the proposed monthly ELIN prices will be used as the basis for establishing the reduced term. The Government may extend the term of the contract in accordance with FAR 52.217-9, Option to Extend the Term of the Contract incorporated into the resulting contract.

Additionally, the Government may need to extend the performance period beyond the established 60 months stated above. FAR 52.217-8, Option to Extend Services provides the regulatory authority to extend contract performance up to an additional six months.

TRANSITION PERIOD

The Government intends to make award by 31 August 2022 to allow the successful offeror 30 days to mobilize and transition into place. The current contractor will be expected to commence demobilization and support the transition of the follow-on contractor 30 days prior to completion of the contract term.

PRE-PERFORMANCE CONFERENCE

Within 20 days of contract award, prior to commencement of the work, the contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

DELIVERABLES

The files for the deliverables are provided as the following attachment posted on the SAM website at https://sam.gov: N6945022R0049_SectionF_Deliverables_0005.pdf.

NOTE: Deliverables requirements under the contract should be submitted to the Government via Electronic format.

The file document(s) format shall be compatible with the most recent Government installed Microsoft Office version (currently 2016) and an unprotected version. The documents may be submitted via email as 'attachment(s)', file size permitting. Else, the deliverables should be submitted on a CD-ROM.

CONTRACT ADMINISTRATION

Upon award, contract administration shall be assigned to:

NAVFAC Southeast PWD Kingsville 201 Nimitz Ave, Bldg 4711 Kingsville, TX 78363-5103

BLANKET TASK ORDER

The Government reserves the right to issue Blanket Task Orders (BTOs) with bulk funding for non-recurring work;

however, performance of work shall not commence until authorization is received from the Contracting Officer.

Each issued BTO and subsequent work authorization will include a firm fixed-price not-to-exceed amount which can only be altered via BTO modification.

PERFORMANCE ASSESSMENT

Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

PAYMENT INSTRUCTIONS

**FOR GOVERNMENT USE ONLY**

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort using the table provided at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions.

COR

Contracting Officer Representative: TBD

NAVFAC Southeast PWD Kingsville 201 Nimitz Ave, Bldg 4711 Kingsville, TX 78363-5103

HISTORICAL AND ARCHAEOLOGICAL RESOURCES

Carefully protect in-place and report immediately to the Contracting Officer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Contracting Officer to resume work. The Government retains ownership and control over historical and archaeological resources.

FEDMALL

The following ELINs will be available for ordering via FedMall:

ELIN Short Description X700 Underbrushing X701 Field Mowing X702 Special Event Grass Cutting X703 Special Event Edging X704 Herbicide X705 Tree removal (Up to 6" DBH) X706 Tree removal (6.1" to 18" DBH) X707 Tree removal (18.1" DBH or larger) X708 Stump & Above Ground Root Grinding (Up to 6" DBH) X709 Stump & Above Ground Root Grinding (6.1" to 18" DBH)

X710 Stump & Above Ground Root Grinding (18.1" DBH or larger) X711 Fence Line vegetation clearing NASK X712 Fence Line vegetation clearing Orange Grove X713 Tree Pruning (Up to 6" DBH) X714 Tree Pruning (6.1" to 18" DBH) X715 Tree Pruning (18.1" DBH or larger) X717 Special event Flower Bed X indicates as periods of performance

ORDERING

In accordance with FAR clause 52.216-18, Ordering, this authorizes additional methods for issuance of delivery or task orders under the resulting contract. Orders may be issued orally, by facsimile, and/or by electronic commerce methods.

ORDER LIMITATIONS

Section I, Contract Clauses, incorporates FAR clause 52.216-19, Order Limitations. This clause is not applicable to the recurring work and/or the Government-wide Commercial Purchase Card (GCPC) Program.

DFARS 211.106

The Contractor shall be responsible for furnishing to each employee and for requiring each employee to display identification as a Contractor employee (i.e. introduction, badge, other identification) as may be approved and directed by the KO. Distinction as a Contractor employee should be available at all times including in meetings with Government personnel, telephone conversations, and in formal and informal written correspondence.

Prescribed Government identification cards shall be immediately delivered to the KO for cancellation upon release of any employee.

SCHEDULE OF DEDUCTIONS

Unit prices provided by the successful offeror may be utilized as the basis of deductions pursuant to the clause at 52.246-4, Inspection of Services – Fixed-Price and Consequences to Perform.

AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

SUBSTITUTIONS OF KEY PERSONNEL

The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the consent on substitutes. No change in unit prices may occur as a result of key personnel substitution.

CONSEQUENCES TO PERFORM

The Contractor shall perform all of the contract requirements. The Government will inspect and assess Contractor performance in accordance with FAR 52.246-4, INSPECTION OF SERVICES - FIXED PRICE The Government will require re-performance, withhold payment, or seek other suitable consideration for unsatisfactory or non-performed work. When defects can’t be corrected by re-performance, the Government may reduce the price to reflect the reduced value of services performed.

(a) PROCEDURES. In the case of unsatisfactory or non-performed work, the Government:

(1) may give the Contractor written notice of observed deficiencies prior to withholding payment for unsatisfactory or non-performed work and/or assessing liquidated damages. Such written notice shall not be a prerequisite for withholding payment for non-performed work. The Government may specify, as provided for below, that liquidated damages can be assessed against the Contractor. Such liquidated damages are to compensate the Government for administrative costs and other expenses resulting from the unsatisfactory or non-performed work.

(2) may, at its option, allow the Contractor an opportunity to re-perform the unsatisfactory or non-performed work, at no additional cost to the Government. In the case of daily work, corrective action must be completed within __4____ hours of notice to the Contractor. In the case of other work, corrective action must be completed within __24____ hours of notice. In addition, the Government can assess liquidated damages, as referenced above, in the amount of ___10___ percent of the value of all observed defects. The original inspection results of the Contractor’s work will not be modified upon re-inspection. However, the Contractor will be paid for satisfactorily re-performed work.

(3) shall withhold from the Contractor’s invoice all amounts associated with the unsatisfactory or nonperformed work at the prices set out in the Schedule or provided by other provisions of this contract, unless the Contractor is required to re-perform and satisfactorily complete the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __10____ percent of the value of all observed defects.

(4) may, at its option, perform the work by Government personnel or by other means. The Government will reduce the amount of payment to the Contractor, by the amount paid to any Government personnel (based on wages, retirement and fringe benefits) plus material, or by the actual costs incurred to accomplish the work by other means. If the actual costs cannot be readily determined, the prices set out in the Schedule will be used as the basis for the deduction. In addition, the Government can assess liquidated damages, as referenced above, in the amount of 10__ percent of the computed cost.

(b) The Contractor is responsible for maintaining an effective Quality Control Program during the course of the contract. Failure to maintain adequate quality control may result in Termination for Default.

(c) Re-performance by the Contractor does not waive the Government’s right to terminate for nonperformance in accordance with FAR clause 52.249-8, DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) of Section I and all other remedies for default as may be provided by law.

ESTIMATING NONPERFORMED WORK

In the event the price of non-performed or unsatisfactory work cannot be determined from the prices set out in the Schedule, or on the basis of the actual cost to the Government, estimating methods may be used to determine an amount, which reflects the reduced value of services performed. The Government may estimate the cost using wage rates and fringe benefits included in the wage determinations included in the contract, Government estimates of the Contractor’s overhead and profit rates, and Government estimates of material costs if applicable. Liquidated damages, to compensate the Government for administrative costs and other expenses resulting from the nonperformed or unsatisfactory performance, will be calculated in accordance with the CONSEQUENCES OF

CONTRACTOR’S FAILURE TO PERFORM REQUIRED WORK.

ATTACHMENTS

List of Documents, Exhibits, and other Attachments for this requirement which are posted on the SAM website at https://sam.gov in the Contract Opportunities.

The documents are posted as individual attachments as indicated below:

1) Performance Work Statement (provided under file name N6945022R0049_Section C_PWS_0005.pdf)

2) Deliverables (provided under file name N6945022R0049_SectionF_Deliverables_0005.pdf)

3) Technical Attachments (provided under file name N6945022R0049_SectionJ_Technical

Attachments_0006.pdf)

4) JL-1 Labor Hours Worksheet (provided under file name N6945022R0049_JL1_Labor_Hours_0010.xlsx)

5) Department of the Navy Local Population ID Card/Base Access Pass Registration, SECNAV 5512/1 form

(provided under file name N6945022R0049_SECNAV5512.pdf)

6) Government Pre-Award Inquiry Form (proided under file name N6945022R0049_GPIF.xlsx)

7) Site Visit Itinerary (provided under file name N6945022R0049_Site_Visit_Itinerary.pdf)

8) Corporate Experience Data Sheet (provided under file name N6945022R0049_JM1_Corporate_Exp.doc)

9) Past Performance Questionnaire (provided under file name N6945022R0049_PPQ.doc)

10) Service Contract Labor Standards Wage Determination 2015-5305 for Kleberg and Jim Wells Counties

(provided under file name N6945022R0049_2015-5305(Rev.19)_0010.pdf)

11) Exhibit Line Item Numbers (ELINs) Pricing Attachment (provided under file name

N6945022R0049_ELINs.xlsx)

12) NAS Kingsville Site Map (provided under file name N6945022R0049_NASK_Site_Map_0006.pdf)

13) NAS Kingsville Base Map (provided under file name N6945022R0049_Kingsville_Base_Map.pdf)

14) NAS Kingsville BASH Program (provided under file name N6945022R0049_BASH.pdf)

15) Site Visit Brief (provided under file name N6945022R0049 Site Visit Brief_0001.pdf).

16) Site Visit Sign-In Sheet (provided under file name N6945022R0049 Site Visit Sign-In Sheet_0001.pdf).

17) GPI Responses (provided under file name N6945022R0049_GPI Responses_0005.pdf).

18) Wildlife Hazard Management Plan (WHMP) (provided under file name

N6945022R0049_WHMP_0005.pdf).

19) NALF Orange Grove Site Map (provided under file name

N6945022R0049_NALFOG_Site_Map_0006.pdf).

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

i) Price:

a. Solicitation Submittal Requirements:

i. Provide completed pricing for all CLINs included in the solicitation.

ii. Provide a completed Exhibit Line Item Numbers (ELINs) Pricing Attachment. There are multiple worksheets within this file that require completion.

iii. Submit pricing data (completed CLINs and ELINs) in hard copy, Adobe PDF, and Excel (Microsoft Office Version 2016 compatible) format on CD-ROM. Offerors shall utilize the pricing attachments provided to submit the ELIN pricing data in the format provided.

Because the pricing evaluation will concentrate on the electronic files submitted, in the event of a discrepancy between the proposal hard copies and the proposal electronic copies, the proposal electronic copies will take precedence.

b. Basis of Evaluation:

i. The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items (completed CLINs of the solicitation). The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the solicitation. In accordance with BFAR 52.217-5, Evaluation of Options will not obligate the Government to exercise the option(s).

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

1. Comparison of proposed prices received in response to the RFP.

2. Comparison of proposed prices with the IGE.

3. Comparison of proposed prices with available historical information.

4. Comparison of market survey results.

5. And/or any other methodology deemed appropriate by the Contracting Officer and consistent with FAR 15.404-1.

ii. Identification of unbalanced pricing including allocation to the ELIN unit prices.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more prices at the functional (Annex/Sub-annex, Spec Item, etc.) level, ELIN unit prices, or contract line items is significantly overstated or understated. An offer may be rejected if the proposed price is materially unbalanced between line items within a pricing period, or between line items for the basic requirement and any option period.

iii. Any suspected issues or concerns in the price proposal, including any inconsistent pricing submitted within the completed CLINs and ELINs attachment.

ii) Non-Price (Technical) Factors:

The offeror’s response to factors that require submission of Corporate Experience and Past Performance shall be based on the following relevancy definition:

RELEVANT PROJECT: Relevant projects include those that demonstrate the capability to perform grounds maintenance and landscaping services similar in size, scope, and complexity to those described in the performance work statement/specifications of the RFP with a contract value of $750,000.00 per year or greater and shall be: 1) ongoing with at least 12 months of contract performance completed by the date of receipt of proposals, or 2) shall be completed within the last five (5) years.

A relevant project is defined as a grounds maintenance and landscaping services project similar in size, scope, and complexity to those described in the performance work statement/specifications of the RFP with a contract value of $750,000.00 per year or greater that is either: 1) ongoing with at least 12 months of contract performance completed by the date of receipt of initial proposals, or 2) shall be completed within the last five (5) years from the date of receipt of initial proposals.

(1) Factor 1, Corporate Experience:

(i) Solicitation Submittal Requirements: The offeror shall submit a minimum of two (2) to a maximum of five (5) examples of relevant projects to be documented only on Attachment JM-1, Corporate Experience Project Data Sheet. Offerors shall not submit any project information under Factor 1 unless submitted on Attachment JM-1 (with the exception of the information required for any corporate affiliate experience submitted, to include the one-page narrative, organization chart, and teaming agreement/letter of commitment referenced below, which may be submitted in addition to the Attachment JM-1). The offeror shall clearly demonstrate recent, relevant experience as a prime contractor on projects similar in size, scope, and complexity to the requirements described in the Performance Work Statement (PWS) of the RFP.

If the offeror is a Joint Venture (JV), recent/relevant experience should be submitted for projects completed by the JV entity. If the JV does not have such experience, recent/relevant experience shall be submitted for each JV partner (except for offerors covered by Mentor-Protégé Agreements approved by the Small Business Administration). JV offerors are still limited to a maximum total of five (5) recent and relevant projects.

If a project was performed by a JV and not all members from the prior JV are proposing on this solicitation, the offeror shall clearly demonstrate what portion of the work on the submitted project was performed by the JV partner proposing on this solicitation.

An offeror may rely on the prime contractor experience of corporate affiliates (e.g., subsidiaries, sister companies, predecessor companies, and parent companies) to demonstrate experience, providing the offeror submits the following:

a. A one-page narrative clearly demonstrating that the corporate affiliates will have meaningful participation in the project by identifying the personnel or resources from the corporate affiliates that will be dedicated to the project;

b. An organization chart that demonstrates the corporate relationship of the affiliates; and,

c. Teaming agreement/Letter of commitment.

For each project, the offeror shall complete Attachment JM-1, Corporate Experience Project Data Sheet. All information shall be provided as requested on the form. Attachment JM-1 may be expanded and is not limited to the two (2) pages provided with the solicitation.

(ii) Basis of Evaluation: The assessment of the offeror’s recent and relevant experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of this solicitation. The minimum standard for Corporate Experience has been met when the offeror has demonstrated adequate experience in successfully performing at least two (2) recent and relevant projects of similar size, scope, and complexity to this requirement. The Government will review only five (5) projects. Any projects submitted in excess of the five (5) project limit will not be considered. Projects must be submitted on the required Attachment

JM-1.

The Corporate Experience standard has been met when the offeror or its corporate affiliates demonstrates adequate experience in successfully performing at least two (2) relevant projects as defined for this solicitation.

Projects must be submitted on the required Attachment JM-1, which can be expanded. The Government will only review the first five (5) projects submitted on the JM-1 attachments. Any projects submitted in excess of the 5 will not be considered.

Projects completed by the offeror or its corporate affiliates (e.g., subsidiaries, sister companies, predecessor companies and parent companies) in any capacity other than a prime contractor will be considered not relevant.

Offerors or corporate affiliates do not have to self-perform all the relevant work, but must have been the prime contractor on the relevant project.

Projects completed by a proposed subcontractor will be considered not relevant.

The prime contractor does not have to self-perform all the work identified in the PWS; however, the prime contractor must demonstrate that it has managed projects that included these services.

With the exception of offerors covered by Mentor-Protégé Agreements approved by SBA, if the offeror is a JV, the offeror must demonstrate joint prime contractor relevant experience on at least one project; or each member of the

JV must demonstrate prime contractor experience on at least one relevant project. If each member of the JV does not have at least one relevant experience project, the offeror will be considered unacceptable.

For multiple award contracts (MACs) or indefinite delivery/indefinite quantity (IDIQ) contracts, the specific relevant task order(s) proposed, not the entire MAC or IDIQ contract, will be considered a project for evaluation purposes.

Failure to provide the required information for projects performed by corporate affiliates, if any, will result in the project being considered not relevant.

(2) Factor 2, Technical Approach:

(i) Solicitation Submittal Requirements: The offeror shall provide the staffing levels for the entire contract effort. Provide labor hours by submitting a completed Attachment JL-1 Labor Hours worksheet (MS Excel, Microsoft Office Version 2016 compatible) for the total effort to include the prime contractor, affiliates/subsidiaries/parent/LLC/LTD member companies, and all subcontractors for the base period of performance. Provide the number of labor hours proposed for performing each technical specification item as provided on Attachment JL-1.

(ii) Basis of Evaluation: The standard is met when the offeror demonstrates adequate staffing levels. Staffing evaluations will be performed by one or more of the following techniques to identify adequate staffing levels:

a. Comparison of proposed staffing levels received in response to the RFP.

b. Comparison of proposed staffing levels with the IGE.

c. Comparison of proposed staffing levels with available historical information.

The factor will be considered unacceptable if the Attachment JL-1 is not submitted, is incomplete, or the proposed direct labor hours are 20% lower than what the Government anticipates.

The minimum acceptability standard is met when the total proposed labor hours are at least 80% of the hours determined acceptable by the Government based on comparison of the independent Government estimate, competitive proposals received in response to the RFP, and historical information. The factor will be considered unacceptable if the Attachment JL-1 is not submitted, is incomplete, or the proposed total labor hours do not meet the minimum acceptability standard identified above.

(3) Factor 3, Safety:

(i) Solicitation Submittal Requirements:

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.

NOTE: DART and TCR shall not be submitted for subcontractors

1. DART Rate: Submit five (5) previous complete calendar years’ [CY2021, CY2020, CY2019 CY2018, and CY2017] 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

2. TCR Rate: Submit five (5) previous complete calendar years’ [CY2021, 2020, 2019, 2018, and 2017] 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

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.

(ii) Basis of Evaluation:

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:

(i) Solicitation Submittal Requirements: IF A COMPLETED CPARS EVALUATION IS

AVAILABLE FOR EACH PROJECT SUBMITTED IN RESPONSE TO FACTOR 1, IT SHALL BE

SUBMITTED WITH THE PROPOSAL. IF THERE IS NOT A COMPLETED CPARS EVALUATION, the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1, Corporate Experience. AN

OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS AVAILABLE.

IF A CPARS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (provided as an attachment), 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 may be submitted directly to the Government's point of contact, Courtney Peterson, via email at courtney.j.peterson3.civ@us.navy.mil (with a copy to Cari Fiebach at cari.l.fiebach.civ@us.navy.mil) prior to the proposal closing date. 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 Contractor Performance Assessment Reporting System (CPARS) using all CAGE/Entity Identifier 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), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), 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.

(ii) Basis of Evaluation: The Government will evaluate how well the offeror performed on the recent, relevant projects submitted under Factor 1, Corporate Experience, and on other relevant contracts documented in known sources. There are two aspects of the past performance evaluation: recency and relevancy.

The first is to evaluate the recency of the offeror’s past performance. The second aspect is to determine the relevancy of the offeror’s past performance. For purposes of this evaluation, the criteria identified in Factor 1, Corporate Experience will be utilized in determining relevancy. The past performance evaluation does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed on those past contracts.

The Government will evaluate the degree to which whether the past performance evaluations and all other past performance information reviewed by the Government (e.g., CPARS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), 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”

In the case of an offeror without a record of 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 (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability a neutral rating shall be considered “acceptable.”

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(End of Summary of Changes)