ATTACHMENT 9 - FAR 52.212-2 Evaluation-Commercial Items.pdf

SP3300-12-R-0012

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

ATTACHMENT 9

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The Government intends to award one contract resulting from this solicitation to the responsible Offeror whose offer conforms to the solicitation using the Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented.

Proposals shall be evaluated for acceptability or unacceptability only and shall not be rated.

Offerors must be determined to be responsible according to the standards of FAR Subpart 9 to be eligible for award. Award will be based on the lowest evaluated price, inclusive of options, of proposal meeting or exceeding the acceptability standards for the non-price factor, Past Performance Record. Any Offeror who has been found to have an acceptable past performance will then have the proposal evaluated for the lowest price.

Past Performance Record: The Government will evaluate the Offeror’s Past Performance Record to determine acceptability of a proposal as follows:

Past Performance shall be evaluated on an Acceptable/Unacceptable basis. 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), Past Performance Evaluation). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

To be considered acceptable and eligible for award, an Offeror must address separately all the elements set forth in accordance with the instructions of this solicitation. A major item and/or gross omission which precludes meeting solicitation objectives which cannot be corrected prior to or during discussions without major revision or complete resubmission of the proposal will cause a proposal to be found technically unacceptable.

The determination of the competitive range will include all proposals which are considered to have a reasonable chance of being selected for award. A proposal is considered acceptable if it

(i) addresses itself to all the essential requirements of the RFP, (ii) shows the offeror understands all essential requirements of the RFP, has the full capability to perform the prospective requirements, (iii) has demonstrated an acceptable past performance record, and (iv) although some discussion of the proposal may be desirable, the proposal is complete to the extent that an award could be made on its present terms.

A proposal will be considered unacceptable if award cannot be made on the present terms of the proposal, and corrective action would require essentially rewriting the proposal. Any proposal

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

which is determined to be unacceptable will not be considered in the competitive range and eliminated from further consideration.

An initial proposal evaluation of "Unacceptable" in the Past Performance Factor will not automatically eliminate an Offeror from the competitive range, but may be considered in making the competitive range determination if communications have been conducted pursuant to FAR 15.306(b)(1)(i). Communications shall be held with Offerors whose past performance information is the determining factor keeping them from being placed within the competitive range if the communications are necessary to allow them to address adverse past performance information to which the Offeror(s) had not had a prior opportunity to respond.

It is the intention of the Government to award without discussions. However, if it is determined that discussions are required, then the determination of the competitive range will include all proposals which are considered to be technically acceptable and may include those that are considered to have a reasonable chance of being selected for award, unless the competitive range is further limited in accordance with FAR 15.306(c)(2).

Those Offerors whose proposals do not fall into the competitive range will be notified as required by FAR 15.503(a)(1). Offerors will be notified in writing with a concise explanation of their proposal deficiencies without jeopardizing the competitive range.

Those Offerors whose proposals are determined by the Contracting Officer (KO) to be in the competitive range will be contacted by the Contract Specialist for discussions. Discussions will be conducted in accordance with FAR 15.306(d). If verbal discussions are held they will be followed by a written reiteration of the discussion. Written discussions may also be held, whereby the Government will provide a written list of discussion questions to each Offeror, as appropriate. In the case of both verbal and written discussions, the Offeror will provide a written response to the discussion question and revision to the proposal as required. This response and revision (if required) will be marked accordingly to distinguish it as a supplement to their original proposal. More than one round of discussions may be held. At the conclusion of final discussions, the Government will request each Offeror in the competitive range to submit a Final Proposal Revision (FPR).

If discussions are held, in accordance with FAR 15.306(d), Exchanges with Offerors after the Establishment of the Competitive Range, a proposal will be determined “unacceptable” for award if past performance is rated as “Unacceptable” following evaluation of FPRs.

The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), data submitted by the Offeror as part of the Past Performance Proposal, and any other information available to determine the quality and relevance of the Offeror’s past performance.

Each proposal will be evaluated to the extent to which the Offeror has demonstrated an ability and willingness to perform: 1) A quality product or service (i.e. the conformance to contract requirements, specifications, and standards of good workmanship); 2) Timeliness of the contract with regard to completion of contract, task orders, milestones, delivery schedules and

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

administrative requirements (e.g., effort that contributes to or affects the schedule variance); 3) Acceptable cost control with regard to the Offeror’s effectiveness in forecasting, managing, and controlling contract cost; 4) Good business relationships with regard to the timeliness, completeness and quality of problem identification and resolution, Offeror’s history of reasonable and cooperative behavior, customer satisfaction, timely award and management of subcontracts, and whether the contractor met their small/small disadvantaged and women owned business participation goals; and 5) Management of personnel with regard to demonstration of a commitment to the management of personnel with regard to the Offeror’s performance in selecting, retaining, supporting, and replacing when necessary, personnel.

The Government will only consider relevant past performance data of the Offeror and its major subcontractors. A major subcontractor is defined as those providing twenty percent (20%) of total dollar threshold AND/OR twenty-five percent (25%) of total man-hour effort.

Subcontractors not meeting the definition of a “major subcontractor” will not be evaluated. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of complexity, technology, magnitude of effort, schedule, and scope. Additionally, the performance must have occurred during the last five (5) years. Offerors shall be evaluated on an Acceptable/Unacceptable basis. 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), Past Performance Evaluation). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. Should the Government discover adverse past performance information to which the Offeror(s) had not had a prior opportunity to respond, the KO will conduct communications if deemed appropriate.

PRICE/COST PROPOSAL

The offeror shall have an accounting system capable of tracking costs in accordance with FAR 16.104(i) to support the time and material line items on the resultant contract. If the Offeror cannot prove it possesses such system, the offer will not be eligible for award.

If a proposal has been determined acceptable for its past performance record, the Government will then evaluate the proposal for the lowest price.

The Government will perform a price analysis to determine the reasonableness of proposed price in accordance with FAR 15.404-1(B)(2). The Government will utilize a comparison of proposed prices received in response to the solicitation. Normally, adequate price competition establishes price reasonableness (see FAR 15.403-1 <http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/ fardfars/far/15.htm> (c)(1)). In addition the Government may utilize a comparison of previously proposed prices and previous Government and commercial contract prices with current proposed prices for the same or similar services, if both the validity of the comparison and the reasonableness of the previous price(s) can be established.

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

The estimated total price for the base and each option year is the sum of the estimated total price for each CLIN (X001- X008). The estimated total price for the contract is the sum of the base and each option year estimated total price. This is the price that will be considered in the evaluation for the lowest priced offeror. The Government intends to make one award as a result of this solicitation.

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

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