Evaluation_Provisions _revised.pdf

Attachment A SP0600-13-R-0526

Evaluation Provisions (Section L and M)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

52.212-1 Instructions to Offerors –Commercial Items (Jun 2008)

(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 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 DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) 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 CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(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;

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/

(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.

(End of Provision)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

L201 INSTRUCTIONS TO OFFERORS (GOCO) (DLA ENERGY NOV 2010)

Offerors shall submit one original copy of the Offeror Submission Package and an original and three copies, of their Technical/Management submissions

(a) OFFEROR SUBMISSION PACKAGE. Complete all required REPRESENTATIONS and CERTIFICATIONS, listed in Section K, REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENT OF BIDS at the Online Representations and Certifications Application website, https://orca.bpn.gov/ and provide a copy in this portion of the offer. In addition, provide a proposed PRICE in the SERVICES TO BE FURNISHED AND PRICES clause (B0001 B33). All G&A and profit for providing services under Contract Line Items CLINs 1002 through 1007 must be included in the monthly use charge price for Line Item 1001, as appropriate, for the base period at each location.

(b) TECHNICAL/MANAGEMENT. The Technical/Management proposal must provide sufficient technical detail to demonstrate a clear understanding of the nature and scope of the work required. The Technical/Management proposal should address the Contractor’s concept of operations and procedures, i.e. “how” to provide continuous support capabilities for the following areas: Operations, Maintenance, Personnel/Staffing, Accounting, Security and Environmental. These areas should be covered in separate sections of the proposal and should include any quality control measures to be taken, applicable regulations, training requirements, documentation, etc. An index or table of contents outlining each area, with major subtasks and corresponding page numbers, shall also be provided. The total technical portion (Section 1 through 6) shall not exceed 50 pages, excluding CFO résumés and index/table of contents. Each page shall be numbered, including chart inserts. Page size shall not exceed 8.5” x 11”. Any exceptions/deviations to a PWS section and the corresponding rationale shall be highlighted in a cover letter, included in this section, and signed by an authorized representative.

The Technical/Management proposal shall include the following sections:

Section 1: Operations - Technical, managerial, and operational details of supporting normal and contingency operations of the pipeline, tank farm, truck fill-stand and all relevant facilities and equipment. The proposal must provide a concept of operations that demonstrates knowledge of all requirements in the Performance Work Statement (PWS), to include fuel receipt, storage, issue, transfer, quality assurance/surveillance and equipment requirements for normal daily and 24 hour operations are met. The proposal must provide a concept of operations demonstrating an understanding of the relationship with the Buckeye Pipeline Company. The proposal must provide a staffing matrix identifying manning by positions and shifts to meet required hours of operation for normal daily operations. The proposal should address requirements to respond to surge or contingency operations to ensure no mission delay or failure. The proposal should address procedures to maintain accountability and quality of DWCF product. The proposal should also identify any Contractor furnished vehicles, equipment, and supplies for use in performing operations.

Section 2: Maintenance – Technical and managerial details of maintenance and maintenance procedures of government-owned fuel facilities and equipment. The proposal must demonstrate knowledge of DLA Energy policy P-12, the task order process, and the Sustainment, Restoration and Modernization (SRM) Program at DLA Energy. The proposal must demonstrate an understanding of planning, conducting, monitoring, and documenting operator, preventive, and other maintenance of fuel systems, equipment, buildings, and grounds as required in accordance with regulations and best commercial practices. The proposal staffing matrix must identify a FDSM.

The proposal should also identify any Contractor furnished specialty tools or equipment for use in performing maintenance.

Section 3: PERSONNEL/STAFFING - Technical, managerial, and operational details to ensure contractor personnel are sufficiently staffed, have requisite skills and associated training to accomplish all government requirements. The proposal must provide proper staffing levels to accomplish all tasks during normal hours and a plan for 24 hour operations. The proposal must provide detail of personnel’s knowledge in all aspects of pipeline, storage, and ground fuel operations. The proposal should also identify procedures to ensure all contractor personnel have requisite initial and recurring training.

https://orca.bpn.gov/

Section 4: ACCOUNTING - Technical, managerial, and operational details to ensure accounting and inventory functions are performed using dedicated software and equipment to meet applicable deadlines. The proposal must provide accounting and inventory performance procedures to ensure accounting and inventory functions are performance in accordance with DLA Energy Policy. The proposal must show an understanding of DLA Energy Policy P1, P2, and P7. The proposal should also identify the use of appropriate software, dedicated personnel and equipment to meet applicable deadlines for transmitting daily transactions, performing monthly reconciliations, and completing inventory accounting.

Section 5: SECURITY – Technical, managerial, and operational details to ensure security functions are properly performed.

Section 6: Environmental – Technical, managerial, and operational details to ensure environmental functions are properly executed IAW all applicable base, local, state, and federal environmental laws, regulations, and plans.

NOTE: Factor 1 – Technical/Management and Factor 2 – Past Performance are hereby combined to determine technical acceptability.

(c) PAST PERFORMANCE. The offeror shall include five (5) contracts representing the offeror’s relevant past performance, using the attached Past Performance Experience Form (Attachment 4). Relevant Past Performance is defined as past performance on contracts that are the same or similar in size, scope, complexity and dollar magnitude as the requirement described in the solicitation. Include the following on the form: Reference point of contact with telephone numbers, and email address; dollar value of requirement; agency or business for whom work was performed; month/year work began and ended; description of duties; and, any other relevant information. The Past Performance Experience Form shall be made part of the offeror’s Past Performance submission. Offerors shall complete the Past Performance Questionnaire (Attachment 5), sections 1-4 and distribute them to the references listed on the Past Performance Experience Form.

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 via email to the following mailbox:

barry.vanorden@dla.mil

The relevant experience of key personnel (corporate or Terminal Superintendent) may also be considered for this factor. 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, 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.

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(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.

Award of these contracts will be made using formal source selection procedures. The Source Selection Authority will make a final selection based on each offeror’s ability to satisfy the requirements of the solicitation. Award will mailto:barry.vanorden@dla.mil be made on the basis of the proposal that conforms to the solicitation and is determined to be the Lowest Priced Technically Acceptable (LPTA) offeror. Offerors shall be evaluated on the following factors:

FACTOR 1 TECHNICAL/MANAGEMENT

Under this factor the following criteria will be evaluated as Acceptable or Unacceptable: Operations, Maintenance, Personnel/Staffing, Accounting, Security and Environmental. The proposal must rate Acceptable in all subfactors in order to be rated as Acceptable. The proposal will receive an Unacceptable Technical/Management rating if any of the subfactors are not rated Acceptable.

Sub-factor 1: Operations – Technical, managerial, and operational details of supporting normal and contingency operations of bulk and retail fuel facilities.

Sub-factor 2: Maintenance – Technical, managerial, and operational details of planning and conducting operations in maintaining operational capability of facilities and equipment to meet mission requirements.

Sub-factor 3: Personnel/Staffing – Technical, managerial, and operational details to ensure contractor personnel have requisite skills and associated training to accomplish all government requirements.

Sub-factor 4: Accounting - Technical, managerial, and operational details to ensure accounting and inventory functions are performed using dedicated software and equipment to meet applicable deadlines.

Sub-factor 5: Security – Technical, managerial, and operational details to ensure security functions are properly performed.

Sub-factor 6: Environmental - Technical, managerial, and operational details to ensure environmental functions are properly executed IAW all applicable base, local, state, and federal environmental laws, regulations, and plans.

FACTOR 2 PAST PERFORMANCE

Past performance will be rated as Acceptable or Unacceptable. An Acceptable rating will be based on the offeror’s performance record in which 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.) An Unacceptable rating will be based on the offeror’s performance record in which the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. In a joint venture offer or prime/subcontractor teaming arrangement, each company’s past performance will be evaluated. A copy of the joint venture or prime/subcontractor agreement that outlines each company’s roles and responsibilities will be required with proposal submission. In accordance with FAR 15.101-2(b)(1), if the Contracting Officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for Certificate of Competency determination.

In accordance with L201 INSTRUCTIONS TO OFFERORS (GOCO)(DLA ENERGY NOV 2010), offerors are requested to submit the Past Performance Questionnaire (Attachment 5) directly to each reference listed on its Past Performance Experience Form (Attachment 4). Each reference shall then submit the completed questionnaire directly to the DLA Energy FESAA inbox (barry.vanorden@dla.mil) for Past Performance Evaluation. The Source Selection Evaluation Contract Team will review this past performance information and determine the quality and usefulness as it applies to a performance confidence assessment. The Source Selection Evaluation Contract Team will also evaluate an offeror’s letters of recommendation, commendations, and/or awards and relevant experience of key personnel when presented for consideration under this factor. The past performance evaluation shall consider whether the offeror’s present/past performance is relevant or not relevant to the solicited requirements. The evaluation shall also evaluate the offeror’s past performance to determine how well the offeror performed on those efforts. Each offeror shall receive a rating of either Acceptable or Unacceptable.

Note: 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/unacceptability, “unknown” shall be considered “acceptable.” However, failure to disclose Past Performance may result in a rejection of the offeror’s proposal.

FACTOR 3 PRICE

The price will be evaluated by multiplying each Offeror’s price in CLIN 1001 by 60 for the base period. Since the Government has the unilateral right to extend this 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 sixty-six months.

A price analysis in accordance with FAR 15.404-1 will be performed to determine the evaluated price as fair and reasonable.

The Government reserves the right to conduct a price realism analysis to determine whether an offeror’s proposed prices are realistic for the work to be performed.

Contract award may be made to the offeror with the lowest priced, technically acceptable proposal.

(b) Options (Extension Provision). 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.

M0001 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.

(a) 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.