CHFB PV-Solicitation instructions.doc

Commercial Item Construction Contract

Solicitation No. GS-09P-10-KSC-_____

CIC201 06/09

Table of Contents

I.

General Information

A.

The Solicitation and the Contract

B.

List of Solicitation Documents

C.

Authorized Representatives

D.

Pre-Proposal Conference

E.

Estimated Price Range

F.

FAR 52.228-1 Bid Guarantee

G.

FAR 52.236-27 Site Visit - Construction

H.

Receipt of Offers

Small Business Subcontracting Plan

J.

Project Minority Participation Goal

K.

Buy American Exceptions

L.

American Recovery and Reinvestment Act of 2009

II.

Solicitation Provisions

General Provisions

FAR/GSAR Solicitation Provisions

III.

Proposals

Contents of Proposal

Price Proposal

Technical Proposal

Other Information to be Submitted with Proposal

Requirements for Joint Venture Offerors

IV.

Method of Award

Evaluation of Offers

Determination of Responsibility

Price Realism

Price Reasonableness

Unbalanced Prices

F.

Total Evaluated Price

G.

Non-Price Factors

Evaluation of Joint Venture Offerors

Mission Statement It is the General Services Administration's mission to provide quality services required by our clients in a timely manner and to ensure the best value to the Federal Government and the public thereby enhancing our clients’ ability to accomplish their mission.

I.

General Information A.

The Solicitation and Contract

1.

This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

2.

Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein.

3.

The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

B.

List of Solicitation Documents

The Solicitation Documents are comprised of:

1.

The Solicitation

2.

Standard Form (SF) 1442 – Solicitation Offer and Award

3.

Offeror Representations and Certifications Form (C221)

4.

Other Forms Required For Submission with Proposals

5.

The Agreement

6.

The Statement of Work, Specifications, Drawings, Exhibits, and other Attachments to the Agreement

7.

Other documents posted to FBO C.

Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

1.

Contracting Officer

Telephone:

2.

Contracting Officer's Representative

Pre-Proposal Conference 1.

A pre-proposal conference regarding this Solicitation is scheduled as follows:

Time:

Location:

To request a reasonable accommodation due to a disability, contact the Contracting Officer.

E.

Price Range

The price range for the Project is between $3,750,000 and $4,092,000. MAXIMUM PRICE IS $4,092,000. DUE TO BUDGET LIMITATIONS OFFERS WITH A PRICE EXCEEDING $4,092,000 WILL NOT BE EVALUATED OR CONSIDERED FOR AWARD.

F.

FAR 52.228-1. Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

G.

FAR 52.236-27. Site Visit - Construction (FEB 95)

1.

The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

2.

Site visit(s) will be held at the following date(s) and time(s):

Time:

Date:

Time:

For further information, please contact:

Receipt of Offers

1.

In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 12:00 pm local time on the following dates by email to Thuy.Ta@gsa.gov.

12 Noon Pacific time for both dates

Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers from Offerors other than small businesses (as defined for NAICS 238210).

J.

Project Minority Participation Goal

1.

For the purpose of FAR 52.222-23. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 99), located at paragraph II.B.2., the goal for minority participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, is 11.9%.

2.

For the purpose of FAR 52.222-23, the "covered area" is: Orange County, CA K.

Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

None L.

American Recovery and Reinvestment Act of 2009

1.

This Contract is funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (ARRA).

2.

The extent of ARRA coverage is set forth in Paragraph I.F. of the Agreement.

II.

Solicitation Provisions

A.

General Provisions

1.

Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

2.

Requests for Clarification or Interpretation The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 15 calendar days. Therefore, prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

3.

Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

4.

Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will made available until after award except as provided by FAR 15.503.

5.

Affirmative Procurement Program GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

6.

Notice Concerning Preparation of Proposals

The Contract contemplated by this Solicitation contains revisions to standard FAR and GSAR construction clauses. Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

7.

Use of Commercial Package Carriers and United States Mail

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

8.

Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

9.

Vendor Past Performance System In evaluating Past Performance, GSA may use the Vendor Past Performance system (VPP). VPP is a system that collects, maintains, and disseminates contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15, to be sent to the Government's Past Performance Information Retrieval System (PPIRS).

10.

Safeguarding Documents Designated as Sensitive But Unclassified Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information set forth in Paragraph III.A of the Agreement (Administrative Matters) as a condition of receipt of such information.

B.

FAR/GSAR Solicitation Provisions

1.

FAR 52.212-1 Instructions to Offerors—Commercial Items (JUN 08)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code for this acquisition appearing in Block 10 is 238210 and the small business size standard is $14 million. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, offers must show—

(1) The solicitation number;

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

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

(4) “Remit to” address, if different than mailing address;

(5) The information and documentation described in Section III.A. of this Solicitation;

(6) Acknowledgment of Solicitation Amendments;

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified on the SF 1442.

(d) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(e) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(f) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(g) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(h) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(i) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

2.

FAR 52.222-23. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable to solicitations resulting in construction contracts in excess of $10,000.)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

See Paragraph I.I.

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

See Paragraph I.I.

3.

FAR 52.211-3. Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988) 4.

FAR 52.233-2. Service of Protest (SEP 06)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in Paragraph I.D.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

5.

FAR 52.252-1. Solicitation Provisions Incorporated by Reference (FEB 98) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html

III.

Proposals

A.

Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1.

Price Proposal

2.

Technical Proposal (including References)

3.

Representations and Certifications (CIC221), or statement certifying that ORCA is current.

4.

Bid Guarantee, using Standard Form 24

5.

Subcontracting Plan (other than small businesses only)

Price Proposal

Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

2.

Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

3.

Prompt Payment Discount

Indicate in Block 13 of the SF 1442 any offered prompt payment discount. Offerors are cautioned against indicating terms requiring payment of proposed prices sooner than the time required in the Contract, as such terms shall be deemed exceptions to the requirements of the Contract.

C.

Technical Proposal and References Job References

Submit a minimum of five job references for comparable work within the last three years. References must as a minimum (for a satisfactory rating) demonstrate significant experience with large commercial grid-tied PV systems comparable to the system proposed (at least 350 kW). The form provided must be used. References must include description of work performed (if a subcontractor or performing only part of a project, clearly indicate what work was done by the Offeror). References must include current contact information to knowledgeable client representatives. More than five references may help support the Offeror's evaluation. Work local to the requirement of this solicitation is preferred. NOTE: THE JOB REFERENCE FORM PROVIDED MUST BE USED. ALSO NOTE THAT THE DUE DATE FOR SUBMISSION OF JOB REFERENCES IS EARLIER THAN FOR THE REST OF THE PROPOSAL.

Technical Proposal

Submit a schematic drawing showing layout of proposed system (clearing showing roof areas to be used), and information to include the following:

System Placement. The proposed placement shall be shown in the schematic drawing. Also, include a list of all existing conditions that would have to be relocated in order to install the system and their proposed relocation.

Concept Specifications. The specifications shall include all equipment information, proposed installation/interconnection information, and performance characteristics of the system. At a minimum, the proposed specifications shall include technical data and relevant product data sheets for the following system components:

Equipment Information:

1. Solar Electric Module Manufacturer

2. Power Rating Per Module

3. Module Model Number

4. Number of Modules

5. Total Array Output

6. Inverter Manufacturer

7. Inverter Model Number

8. Number of Inverters

9. Inverters Continuous AC Rating

10. Total Inverter Output

11. Inverters Peak Efficiency and efficiency at various output levels

Installation Interconnection Information:

1. Solar Electric Array Orientation (degrees)

2. Solar Electric Module Tilt (degrees)

3. Solar Electric Module Tracking (fixed, single-axis, double-axis)

4. System Type and Mode of Operation (Utility Interactive)

Performance Characteristics

1. Estimated kWh/month (shown over a 12 month period), using PVWATTS (Long Beach location). Provide technical backup for the DC to AC de-rate factor used. Note that we will re-run the PVWatts calculations, so the Offeror's PVWatts calculations may not be used in the evaluation if we believe there are errors.

2. Estimated power capacity measured at the inverter AC output using the PVUSA Test Conditions (PTC), i.e. 1,000 Watts/m2, 20 degree C ambient temperature and wind speed of 1 m/s.

D.

Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal a completed set of Representations and Certifications on the form CIC221 attached to this Solicitation, or certification that Representations and Certifications on ORCA are current.

E.

Subcontracting Plan

See FAR 52.219-9 for requirements. Large businesses under the applicable NAICS must submit a subcontracting plan.

F.

Requirements for Joint Venture Offerors

1.

All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

2.

An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

3.

In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

4.

All information to be submitted with an offer set forth herein (e.g., representations and certifications, financial information, experience and past performance) must be submitted for each member of the joint venture.

IV.

Method of Award

A.

Evaluation of Offers 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 non-price factors considered. In addition to Price, the following non-price factors shall be used to evaluate offers:

1.

Past Performance

2.

Experience

3.

Technical Quality of System Non-price factors, when combined, are of roughly equal importance as Price. The three non-price are of roughly equal importance.

B.

Determination of Responsibility

In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein.

C.

Price Price will be evaluated using the BLCC version 5.3-09 application, to produce a net present value (NPV), in comparison to a base case of no system installation. Defaults of the FEMP Analysis, Energy Project category will be used. Analysis will consider receipt of California Solar Initiative incentives, but no tax credits or deductions. The best NPV will be considered the best price. HOWEVER:

1. Any offer with price in excess of $4,092,000 will not be evaluated and will not be considered for award, regardless of NPV.

2. Any offer proposing a system of less than 600 kW capacity under the PTC conditions specified above will not be evaluated and will not be considered for award, regardless of NPV.

In calculating NPV, equitable adjustments of $200,000 for labor and $200,000 for materials or subcontracts will be assumed and the applicable markup rates from the Price Form applied. For example, if an offeror proposes a 15% markup to direct labor costs and a 10% markup to materials/subcontracts, then (($200,000 x 0.15) + ($200,000 x 0.10)) = $50,000 will be added to the price for purposes of calculating the NPV.

D.

Price Reasonableness

All offers must include reasonable prices. The Contracting Officer may reject all offers containing prices determined to be unreasonably high.

E.

Unbalanced Prices

All offers must include balanced prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalanced with respect to such prices or rates. A proposal may be deemed unbalanced if the Base Contract Price, unit prices, option prices or bid rates vary so markedly from either the Government estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the potential cost of an offer in comparison to other, balanced, offers.

F.

NOT USED

G.

Non-Price Factors

Past Performance

The Government will evaluate the relative merits of each Offeror’s past performance. The evaluation will be a subjective assessment of how well each offeror has satisfied its customers in the past. It will not be based on absolute standards of performance. The Government reserves the right to consider all aspects of an Offeror’s performance history, but will attribute more significance to work that was similar in nature, magnitude, and complexity to the work that will be required by the contract described in this solicitation. If an offeror has no relevant performance history, then the Government will give it neither a favorable nor an unfavorable evaluation, but rather a "neutral" (satisfactory) evaluation will be assigned.

The Government may base its evaluation of past performance on information that it receives from offerors and information that it obtains through its own investigation. The Government may contact an Offeror’s former customers and business associates; Federal, state, and local government agencies; electronic databases; and other sources of information. The Government will try to determine the Offeror’s reputation for complying with the terms of its contracts, including quality, service delivery, price, and other terms; its reputation for effective employee management and relations; its reputation for effective contract administration; and its reputation for honesty and for reasonable and cooperative behavior.

The standard is met when there is no record of poor performance, or dissatisfaction with the contractor’s performance identified.

This standard is exceeded when a consistent record of achieving high levels of satisfaction from clients in the performance of directly relevant work, and indications that the contractor frequently exceeded the expectations of clients, i.e. timeliness of performance/delivery, cooperation, quality of work, reasonableness of pricing of change orders or contract modifications, skills applied to the work, and customer’s overall satisfaction with the work performed.

For joint ventures, this factor will consider all joint venture partners, and will weight the influence of each partner in accordance with its percentage control of the joint venture. This factor will not consider proposed subcontractors.

Experience

The Government will evaluate the Offeror's experience performing similar work, with greater weight placed on work in the San Diego and Imperial County areas.

The experience of proposed subcontractors will be given limited weight for evaluation of the Experience factor, unless the Offeror demonstrates a substantial record of the proposed subcontractor(s) teaming with the Offeror.

A satisfactory rating will be granted if the Offeror demonstrates significant experience with the installation of similar ground-mounted grid-tied PV systems. For this purpose, "significant experience" means installation of at least three ground-mounted grid-tied PV systems roughly comparable to the one being proposed.

A greater than satisfactory rating will be granted where the Offeror demonstrates:

(a) significant experience with such installations in the San Diego or Imperial County are OR such experience elsewhere and substantially the same crew and job superintendent will be performing the work of this Contract (must describe in proposal to receive credit); and

(b) significant conceptual development and design-build experience with similar installations;

3. Maintainability of System

This factor assesses the Government's ability to cost-effectively operate and maintain the system over a prolonged period of ownership. The factor assesses (1) durability of components and the system, (2) simplicity of design, (3) accessibility and replacability of components, (4) ability of multiple firms in the Imperial County/San Diego areas to economically obtain all needed replacement parts and to perform maintenance and repairs as needed.

A satisfactory rating will be granted if technical assessment indicates no substantive problems with any of the areas indicated above. A greater than satisfactory rating will be granted if the system presents a design which is unusual in its economy of operation and maintenance.

H.

Evaluation of Joint Venture Offerors

In the evaluation of responsibility and non-price factors, information submitted for a party to the joint venture will not be evaluated to the extent that the terms of the joint venture agreement limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.