Attachment_B_Clause_Provs.pdf

Tinker AFB, OK

SP0600-13-R-0514

Attachment B

L & M CLAUSE PROVISIONS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS W/ ADDENDUM (JUL 2013)

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

Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) 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.

(g) 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.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) 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 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) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) 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 SAM 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 DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. 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 SAM 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 SAM 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 SAM database accessed through https://www.acquisition.gov.

(l) 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 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 rationale for award;

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

http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch/ http://assistdocs.com/ http://assist.daps.dla.mil/wizard http://fedgov.dnb.com/webform https://www.acquisition.gov/

(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

ADDENDUM TO 52.212-1

Offerors shall submit one original copy of the Offeror Submission Package and Past Performance information, and an original and two (2) copies with one CD of their Technical/Management submissions. If any exceptions are to be taken to the terms and conditions, indicate specific paragraphs and submit as part of the price proposal. Only exceptions detailed here will be considered exceptions to the requirements of the solicitation.

Offers for less than the entire contract period (base and option period) will not be considered.

A. OFFEROR SUBMISSION PACKAGE (OSP)

Complete all required REPRESENTATIONS and CERTIFICATIONS, listed in Section K, at the Reps and Certs section on the System for Access Management (SAM) website, https://www.sam.gov/portal/public/SAM/ and provide a copy in this portion of the offer. In addition, provide a proposed PRICE in the B-0001 B30 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 2009) clause for Contract Line Items (CLINs) 0001 and 0002.

Note: Offerors shall provide a statement that acknowledges that the prices proposed for labor covered by the Service Contract Act (SCA) and Collective Bargaining Agreements (CBAs) were formulated using the current CBA that specifies the minimum labor rate and fringe benefits. Level unit pricing for each performance period is required.

B. TECHNICAL/MANAGEMENT

(1) The offeror will submit the original and two copies, with one CD, of the technical proposal. The proposal will be evaluated strictly on its technical merit, and should describe the offeror's technical approach to the requirements of the work to be performed. Without simply mirroring the content of the Performance Work Statement (PWS), the offeror will provide a concept as to how the workload for the location in question will be accomplished. Within the page limits outlined below, the technical proposal should be specific, complete in every detail, and provide concise, straight forward descriptions of the offeror's capability to perform this work. Offerors will identify any technical, scheduling, performance, or cost risks associated with their proposals, and describe how they will resolve or avoid the identified risks. Proposals that are unrealistic in terms of technical commitments or price may be considered indicative of a lack of understanding of the solicitation requirements and may be determined to be Unacceptable. An index or table of contents outlining each area, with major subtasks and corresponding page numbers, shall also be provided. The complete technical proposal will not exceed 50 pages, excluding cover letter and table of contents.

(2) SPECIFIC INSTRUCTIONS. Technical proposals will address the following sub-factors, which will be evaluated to determine its acceptability:

(a) Fuel Operations Management and Support - Technical, managerial, and operational details of managing fuels and cryogenic operations to meet the on time requirements of supported organizations during normal and contingency operations. Staffing approach/matrix will be assessed in this sub factor.

(b) FISC (Fuels Information Service Center) -Technical, managerial, and operational details of performing fuels and cryogenic quality control, requisition, inventory, accounting, and the command and control of resources and assets to meet mission requirements.

(c) Maintenance - Technical, managerial, and operational details of planning and conducting operator and preventive maintenance on equipment and facilities, and identifying corrective maintenance requirements.

(d) Safety - Technical, managerial, and operational details incorporating federal, state, and local laws and regulations to ensure safe working environment.

(e) Environmental - Technical, managerial, and operational details of planning and conducting operations in compliance with environmental laws and regulations.

(3) Number of proposed employees identified by wage determination, job classification, and full time/part time designation, shifts, etc. in matrix format. If employees performing multiple but similar job functions fall into one job classification, the offeror shall identify how many will be performing which job functions. This information shall be submitted under the Fuel Operations Management and Support Subfactor.

C. PAST PERFORMANCE

The offeror shall include five (5) contracts representing the offeror’s relevant and recent past performance https://www.sam.gov/portal/public/SAM/

(within the last 3 years), using the attached Past Performance Experience Form (Attachment A). Completed Past Performance Questionnaires must be submitted by the reference DIRECTLY to the Government. Offerors should follow-up with references to ensure timely submittal of questionnaires. 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. References shall provide Past Performance Questionnaires directly to the Government contract specialist listed on the SF1449.

The relevant experience of key personnel (corporate or Terminal Superintendent) may also be considered for this factor and included in the five references. In order to be evaluated as Past Performance information, offerors should submit résumés in the Past Performance section.

Résumés are limited to two (2) pages and should include the following information: Name and title; positions held; name of firm; years of relevant and recent experience; education degrees; training; and, other experience and qualifications relevant to the same/similar work required under this contract.

The offeror is also encouraged to submit letters of recommendation, commendations, and/or awards on contracts, which demonstrate relevant experience, if available.

To receive credit for past performance by a subcontractor, or work which the prime contractor previously performed as a subcontractor to another prime, the Past Performance Experience Form must state in detail the nature of the work performed as a subcontractor, the total percentage of the overall contract performed as a subcontractor and the total amount of work performed as a subcontractor.

To receive credit for past performance by a Joint Venture (see Attachment A), the Past Performance Experience Form must state in detail the nature of the work performed by either of the Joint Venture, the total percentage of the work performed by either of the Joint Venture and the total amount of work performed by either of the Joint Venture.

52.215-9023 DLAD REVERSE AUCTION (NOV 2012 DLAD)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations, the Contracting Officer will notify offerors of this decision and the following provisions will apply.

(a) The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. The reverse on-line auction will be used as a pricing technique during discussions to establish the final offered prices from each offeror. These prices will be used in conjunction with the evaluation factors stated elsewhere in the solicitation in order to make the award decision in accordance with the basis for award stated in the solicitation.

(b) Following the decision to conduct discussions using on-line reverse auctioning as a pricing technique, the Contracting Officer or his/her representative will provide offerors determined to be in the competitive range with information concerning the on-line auction process. The Government intends to use a commercial web-based product to conduct the reverse auction.

(c) Prior to or simultaneously with conducting the on-line reverse auction, the Contracting Officer may hold discussions with the offerors concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced pricing.

(d) The lowest offeror’s price(s) for each round of the reverse auction will be disclosed to other offerors and anyone else having authorized access to the on-line auction. This disclosure is anonymous, meaning that each offeror’s identity will be concealed from other offerors (although it will be known to the Government; only a generic identifier will be used for each offeror’s proposed pricing, such as “Offeror A” or “lowest-priced offeror”). By submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

(e) The reverse auction system currently in use designates offers as "Lead," meaning the current low price in that auction, or "Not Lead," meaning not the current low price in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of that price as "Lead" and the second or subsequent offer of that price as "Not Lead." Offerors shall not submit a tie offer, since this is inconsistent with the purpose of the reverse auction. If a tie offer is submitted, the "Not Lead" offeror that submitted the tie offer must offer a changed price; it will be ineligible for award if the final price in the auction is the tie offer price.

(f) An offeror's final auction price at the close of the reverse auction will be considered its final proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the Contracting Officer decides that further discussions are needed and final proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the Contracting Officer determines that it would be in the best interest of the Government to re-open the auction.

(g) The following information is provided regarding the procedures to be followed if a reverse auction is conducted.

(1) Each offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by Defense Logistic Agency’s commercial reverse auction service provider to advise the offeror of the event and to provide an explanation of the process.

(2) In order for an Offeror to participate in the reverse auction, such offeror must agree with terms and conditions of the entire solicitation, including this provision, and agree to the commercial reverse auction service provider’s terms and conditions for using its service. Information concerning the reverse auction process and the commercial service provider’s terms and conditions is embedded within the email notification sent by the on-line reverse auction pricing tool system administrator.

(3) Offerors shall secure the passwords and other confidential materials provided by the commercial reverse auction service provider or the Government and ensure they are used only for purposes of participation in the reverse auction. Offerors shall keep their own and other offerors’ pricing in confidence until after contract award.

(4) Any offeror unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must notify the Contracting Officer or designated representative immediately. The Contracting Officer may, at his/her sole discretion, extend or re-open the reverse auction if the reason for the offeror’s inability to enter pricing is determined to be without fault on the part of the offeror and outside the offeror’s control.

(5) The reverse auction will be conducted using the commercial reverse auction service provider’s website as embedded in the email notification. Offerors shall be responsible for providing their own computer and internet connection.

(6) Training:

(i) The commercial reverse auction service provider and/or a Government representative will provide familiarization training to offerors’ employees; this training may be provided through written material, the commercial reverse auction service provider’s website, and/or other means.

(ii) An employee of an offeror who successfully completes the training shall be designated as a 'trained offeror.' Only trained offerors may participate in a reverse auction. The Contracting Officer reserves the right to request that offerors provide an alternate offeror employee to become a 'trained offeror.' The Contracting Officer also reserves the right to take away the 'trained offeror' designation from any trained offeror who fails to abide by the solicitations or commercial reverse auction service provider’s terms and conditions.

52.216-1 TYPE OF CONTACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from—

ATTN: DLA Energy-BXB

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J KINGMAN ROAD, Room 2945

FORT BELVOIR VA 22060-6222

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

52.233-9000 AGENCY PROTEST (NOV 2011)(DLAD)

Companies protesting this procurement may file a protest 1) with the contracting officer, 2) with the Government Accountability Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for Agency Level Protests filed under Executive

Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the contracting officer; this process is not an appellate review of a contracting officer's decision on a protest previously filed with the contracting officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the contracting officer.

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (NOV 2011)(DLAD)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel ( see DLA Directive

5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a firm fixed price contract with a cost reimbursement line item resulting from this solicitation.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

(a) 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 quotations or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisions 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/these address(es):

FAR/DFARS: http://farsite.hill.af.mil/

FAR/DFARS: http://www.arnet.gov/

DLAD: http://www.dla.mil/j-3/j-336/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DOD FAR Supplement Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

(a) Acceptance period, as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of _180_ calendar days.

http://farsite.hill.af.mil/ http://www.arnet.gov/ http://www.dla.mil/j-3/j-336/

(d) If the offeror specifies an acceptance period which is less than that required by the Government, such offer may be rejected.

(e) The offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if such offer is acceptable to the Government and is accepted within the acceptance period stated in (c) above or within any extension thereof that has been agreed to by the offeror.

L-0002 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)

This procurement is subject to Wage Determination Number 2005-2431 Revision 16 dated June 19, 2012 and the Collective bargaining Agreement (2012- 2015) between Teamsters Local Union 886 and Data Monitor Systems and Doss Aviation, as determined by the Administrator, Wage and Hour Public Contracts Division, U.S. Department of Labor. Register of Wage Determination and Fringe Benefits under the Service Contract Act is attached and made a part of this solicitation.

L-0003 L198 PREPROPOSAL CONFERENCE (SERVICES)(DLA ENERGY FEB 2009)

Preproposal conferences, in conjunction with the site visits, will be held to provide offerors an opportunity to be briefed on the work covered by the solicitation. Attendance at the conference is strongly encouraged. Any comments/remarks made by Government representatives at the conference should not be construed as a change. Any changes in terms or conditions must be accomplished by a written amendment to the solicitation.

Offerors are requested to submit acceptance to the Contracting Officer by letter, telephone, facsimile, or email of the name(s) of the individual(s) who plan to attend. The conference date and time is as set forth below:

DATE SITE TIME

TBA Tinker AFB, OK TBA

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a)The Government will award a Firm Fixed Price 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. Award of these contracts will be made using formal source selection procedures. Proposals submitted in response to this solicitation will be evaluated by a board of one or more Government personnel. The Source Selection Authority will make a final selection based on an overall assessment of each offeror’s ability to satisfy the requirements of the solicitation. Award will be made on the basis of the proposal that conforms to the solicitation and is determined to be the Lowest Price Technically

Acceptable (LPTA) offeror. Offerors shall be evaluated on the following factors: Technical/Management, Past Performance, and Price.

FACTOR 1 - TECHNICAL/MANAGEMENT. Each offer will be evaluated based upon the offeror’s understanding of and capability to accomplish the work as stated in the solicitation. The offeror must demonstrate in its proposal a complete understanding of the Performance Work Statement provided in the solicitation. In order to be considered for award there must be an Acceptable rating in every factor and subfactor as per the source selection procedures. If one technical subfactor is rated Unacceptable then the overall Technical/Management rating will be Unacceptable. Any Offeror who receives a rating of Unacceptable after final proposal revisions in any factor or subfactor will not be eligible for award. The following five subfactors will be evaluated as Acceptable or Unacceptable.

Acceptable – Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable – Proposal does not clearly meet the minimum requirements of the solicitation.

(a) Fuel Operations Management and Support - Technical, managerial, and operational details of managing fuels and cryogenic operations to meet the on time requirements of supported organizations during normal and contingency operations. Staffing approach/matrix will be assessed in this sub factor.

(b) FISC (Fuels Information Service Center) -Technical, managerial, and operational details of performing fuels and cryogenic quality control, requisition, inventory, accounting, and the command and control of resources and assets to meet mission requirements.

(c) Maintenance - Technical, managerial, and operational details of planning and conducting operator and preventive maintenance on equipment and facilities, and identifying corrective maintenance requirements.

(d) Safety - Technical, managerial, and operational details incorporating federal, state, and local laws and regulations to ensure safe working environment.

(e) Environmental - Technical, managerial, and operational details of planning and conducting operations in compliance with environmental laws and regulations.

FACTOR 2 - PAST PERFORMANCE. Past Performance will be rated as Acceptable or Unacceptable. To be considered awardable, offerors must have an Acceptable Past Performance rating.

The past performance will be rated as Acceptable or Unacceptable. The Government may evaluate the offeror's recent and relevant past performance using the information from references provided by the offeror. The past performance evaluation may include a past performance questionnaire, reports from the Contractor Performance Assessment Report System (CPARS), the Past Performance Information Retrieval System (PPIRS), and the Federal Awardee Performance and Integrity

Information System (FAPIIS). The Government reserves the right to consider any additional information on the offeror obtained from other sources available to the government. The relevant experience (similar work experience) of key personnel may also be considered for this factor. A record of poor performance may be considered as an indication that the offeror has failed to conform to contract requirements and/or to standards of good workmanship, adhere to contract schedules, including the administrative aspects of performance, provide reasonable and cooperative behavior and commitment to customer satisfaction, and/or display a business-like concern for the interests of the customer.

Offerors are instructed that past performance information submitted may include that for performance still in progress; however, it should have a minimum of six months of performance history and no more than three years old from the closing date of the solicitation. The past performance evaluation shall consider whether the offeror’s relevant present/past performance effort involved similar magnitude of effort and complexities this solicitation requires. The evaluation shall also evaluate the offeror’s past performance to determine how well the offeror performed on those efforts.

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 past performance. In the context of acceptability, “Unknown” shall be considered Acceptable. A record of acceptable past performance will not result in a favorable assessment of an otherwise unacceptable proposal. As a Joint Venture, each partner’s experience and past performance may be evaluated and weighted against their respective roles identified in the Joint Venture agreement. This evaluation may be combined for a final past performance rating.

A questionnaire format will be used to solicit information from an offeror’s submitted references in the following areas: (1) schedule, (2) management of key personnel, (3) quality of services, and (4) business relations.

Upon determining the recency/relevancy of past performance and how well the offeror performed, past performance ratings will be assigned using the following evaluation scale:

Past Performance Evaluation Ratings

RATING DESCRIPTION

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

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

FACTOR 3 – PRICE.

(a) Price evaluation will be accomplished by multiplying the monthly service charges offered in CLIN 0001 (BASIC PERIOD) by 12 for each of the five years plus the monthly service charges offered in CLIN 0002 (OPTION PERIOD) by

12 for each of the five years, then totaled. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options does not obligate the Government to exercise the option(s).

(b) In accordance with FAR 52.217-8 (OPTION TO EXTEND SERVICES), the Government has the unilateral right to extend the contract upon the same terms and conditions for a total of no more than six months. This additional period will also be evaluated, creating a total evaluation period of 10 years, six months.

(c) An Offeror’s price may, in exceptional cases, be evaluated for price realism to determine whether the offeror understands the requirements and to determine the firm’s responsibility IAW FAR 9.104-1(b).

(d) Contract award will be made to the offeror with the lowest priced technically acceptable proposal.

For Factor 3, Price. The Government will evaluate the price for the entire contract period, including the option period, plus the extension period. An overall evaluated price will be compared with other submissions.

M-0001 M43.01 EVALUATION OF OPTIONS (DLA ENERGY MAR 2009)

(a) Proposals will be evaluated for purposes of award by adding the total price for all option periods to the total price for the basic period. Evaluation of options will not obligate the Government to exercise the option or options.

(b) Any proposal that is materially unbalanced as to prices for basic option periods may be rejected. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

(a) Offerors are expected to submit offers in full compliance with all terms and conditions of this solicitation.

(b) Any exceptions/deviations to the terms and conditions of this solicitation will result in the Government's determination that either--

(1) The exception/deviation is material enough to warrant rejection of the offer in part or in full; or

(2) The exception/deviation is acceptable.

(c) If the exception/deviation is in reference to a specification contained in this solicitation and the offeror cannot supply product fully meeting the required specification(s), the product can be offered for consideration provided the offeror clearly indicates, by attachment to the offer, the extent to which any product offered differs from the required specification(s).

(d) If the exception/deviation is in reference to a particular test, inspection, or testing method contained in this solicitation, the offer can be considered provided the offeror clearly indicates, by attachment to the offer, the extent to which its offer differs from those requirements.

(e) If the exception/deviation is determined acceptable, offered prices may be adjusted, for evaluation purposes only, by the Government's best estimate of the quantitative impact of the advantage or disadvantage to the Government that might result from making an award under those circumstances.