Revised clauses 52.212-1 52.212-2.doc

Solicitation provisions—

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (June 2008) As prescribed in 12.301(b)(1), insert the following provision:

INSPECTION OF SITES/PROPOSAL PREPARATION INSTRUCTIONS.

All offerors are urged to attend the site visit. Contractors are required to notify TWO Contract Specialists in WRITING of their intention to participate. Requests must include the full name and title of the visitor and may be faxed to 972-308-1928, attention Josh Haker and a separate notification sent to 972-308-1928, attention Mary Higgins or email to Joshua.L.Haker@irs.gov and Mary.Higgins@irs.gov. If you choose to email the site visit information, both Specialists must be included on the same email. The site visit will be scheduled after solicitation release. Failure to participate shall not relieve the successful contractor from responsibility for satisfactory and complete execution of the contract. (See Solicitation cover letter for date and time.)

PROPOSAL PREPARATION INSTRUCTIONS

Volume I: Technical Proposal

The Technical Proposal shall consist of the offeror’s response to the requirements of the Performance Work Statement in this solicitation, including a detailed description of its proposed methodology. Prospective offerors are asked to only submit material/information directly pertinent to the requirements of this RFP. Extraneous narrative, elaborate brochures, uninformative “PR” material, and so forth, shall not be submitted. Reiterating the PWS is Unacceptable.

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. Each factor will be evaluated and assigned an adjectival rating. Subjective technical evaluation criteria are listed below in descending order of importance. The following factors are qualifications, plan of accomplishment, phase-in, past performance, transition plan and price.

Qualifications.

The offeror shall provide qualifications of the offeror and its key personnel that clearly describe the skills, knowledge and ability for performing the services required by the contract. Individuals must be of unquestionable integrity, display a mature attitude and exercise good judgment. All key personnel shall have a background with a minimum of two (2) years of successful experience in field supervision (civilian law enforcement, military law enforcement or security, commercial or industrial guard service or security). A Key Personnel Resume will be required for the offeror for Company executives, personnel referred to elsewhere as the contract manager or corporate management oversight.

The offeror shall provide the firm’s organizational chart that clearly addresses sufficient, prompt, and active management support; the firm’s home office policy on providing contract support services and control; and, evidence that the proposed Contract Manager (Corporate Management Oversight) is trained and has sufficient experience in an operation of comparable size and complexity. A Key Personnel Resume will also be provided for the proposed Supervisor(s).

Plan of Accomplishment

The offeror shall provide information demonstrating its understanding of the contract requirements and explain its approach for successful performance; demonstrate an ability to meet the performance requirement set forth in the Performance Work Statement by stating in it’s proposal, a planned manning rate in Full Time Equivalent (FTEs) for each contract period (base year and each option year). A full time equivalent consists of 2080 work hours per year. The offeror shall also include in their plan of accomplishment a projected schedule for acquiring the following prior to start-up:

a) required licenses and permits

b) staffing

c) equipment; and

d) training

Past Performance

Offerors shall submit past performance information on at least three (3) contracts, which are considered relevant (for similar services to those described in the PWS) and which demonstrates the offeror’s ability to perform the proposed effort. In addition, Offerors shall submit past performance information on at least three (3) contracts, which are considered relevant (for similar services to those described in the PWS) for any prime/subcontractor, joint venture or mentor protégé business relationships. Offerors shall submit information on problems encountered on contracts and the corrective actions taken to resolve the problems. Offeror’s shall also submit completed Past Performance Questionnaire’s with their proposal (refer to Attachment 5).

Note: If your reference would rather submit the questionnaire directly to Procurement, they may do so by emailing the Questionnaire (Attachment 5) to Lachon Langham at Lachon.N.Langham@irs.gov. All questionnaires must be submitted by 2:00 pm CST on September 22, 2010. It is the Offeror’s responsibility to contact Procurement via email to verify that the Questionnaire has been received.

Offerors shall furnish the following information:

· Contracting Office/Agency/Business

· Contract Number

· Contract type

· Contract award date, award amount, and period of performance

· Service provided (Brief description and how it relates to the work described in the PWS)

· Point of Contact Name and Phone Number

· Other relevant information

Transition Plan

The Offeror shall submit a Transition Plan with their proposal that is in sufficient detail to identify all transition actions. During the 30-day Transition Period, the following Contractor personnel shall be on-site to observe all operations pertinent to the contract requirements for the minimum time shown in the chart below. The following positions shall be staffed and the individuals shall be on-site prior to the contract start date as follows:

Person Performing the Function Of Calendar Days Prior to Full

Operational Start (Days)

Project Manager 30 days

On-site Supervisor 30 days

Offeror’s shall submit an original and four (4) copies of their technical proposal. The page limitation for this section is 50 (not including past performance information).

Volume II: Business (Price) Proposal

The Price Proposal shall contain the Offeror’s proposed price for the base period and options as identified in the Standard Form 1449. Offeror’s shall submit an original and two (2) signed copies of the pricing schedule, as well as a filled in copy of the Representations and Certifications. There is no page limitation for this section.

WRITTEN PROPOSAL FORMAT

A. Page:

A page is defined as each face of an 8.5” x 11” sheet of paper containing information. All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 x 9 inches. All material must be contained within the page limit identified in each volume. All pages shall be numbered consecutively. Evaluators will only read and evaluate up to the maximum number of pages specified. Any Illustrations and tables shall be included for the page count, however, title pages and indexes will not be included for page counts limitation purposes unless information regarding the proposal is included on the title or index page.

B. Text:

Type size shall not be smaller than, Microsoft Word font Arial, 11 point font, normal proportional spacing. Text lines will be a minimum of single-spaced, not to exceed 35 lines per page. Single-column is the preferred format and use of bold face type for paragraph headings is acceptable.

C. Illustrations and Tables:

Charts, tables or diagrams shall not exceed 8.5” x 11” inches.

D. Binding:

Elaborate format and binding are neither necessary nor desirable. All binders will be capable of lying flat when opened. The cover and spine of each binder will clearly identify the volume number, copy number, title, request for proposal/solicitation number, and offeror's name. The original for each volume will be clearly identified and marked "ORIGINAL" on the cover and the spine.

PROPOSAL SUBMISSION REQUIREMENTS

A. Printed copies of each volume of the proposal shall be separately bound in a three-ring binder. Each volume shall have a cover sheet clearly marked with the following:

1. Volume number

2. Copy number

3. Title

4. RFP # TIRMS-10-R-00004

5. Offeror’s name

6. Proposals shall be stamped “SOURCE SELECTION SENSITIVE”.

B. Deliver an original and four (4) copies of Volume I, “Technical Proposal” and an original and two (2) copies of Volume II, “Business (Price) Proposal” to the address shown below no later than what is stated on the solicitation, Standard Form 1449, block 8.

Deliver proposals to:

INTERNAL REVENUE SERVICE

Midstates Procurement Office

4050 Alpha Road, 9th Flr., Rm. 930 Mail Stop 1045/NDAL Dallas, TX 75244-4203

Attn: Josh Haker

AMENDMENTS TO PROPOSAL

Changes to the proposal by the offeror shall be accomplished by amended page(s). Changes from the original page shall be indicated by a vertical line, adjacent to the change, on the outside margin of the page. The offeror shall include the date of the amendment on the lower right hand edge of the page as well as the amendment number that caused the change.

DISCUSSIONS AND CORRESPONDENCE

All communications concerning the solicitation, including any of a technical nature, must be made through the Contracting Officer. Correspondence, including written questions, should be directed to the address shown in Block 9 of the Standard Form 1449 and marked for the attention of the individual whose name appears in Block 7a of that form.

Questions concerning any technical aspect of the solicitation must be in writing. In order to ensure timely response, questions should be received by the Contracting Officer at least 15 days before the due date for receipt of proposals. After this date, the Government will make every effort, but cannot guarantee that questions submitted will be answered before the RFP closing date.

DISPOSITION OF PROPOSALS

After evaluation, selection, and contract award, unsuccessful proposals will be disposed of as follows: one copy of each proposal will be retained by the Contracting Officer and the remainder will be destroyed.

(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 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) 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) 697-2667/2179, 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 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.

(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 internet at http://www.ccr.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 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.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

The Technical Proposal shall consist of the offeror’s response to the requirements of the Performance Work Statement in this solicitation, including a detailed description of its proposed methodology. Prospective offerors are asked to only submit material/information directly pertinent to the requirements of this RFP. Extraneous narrative, elaborate brochures, uninformative “PR” material, and so forth, shall not be submitted. Reiterating the PWS is Unacceptable.

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. Each factor will be evaluated and assigned an adjectival rating. Subjective technical evaluation criteria are listed below in descending order of importance. The following factors are qualifications, plan of accomplishment, phase-in, past performance, transition plan and price.

The Technical Proposal shall contain the Offeror’s qualifications, plan of accomplishment, past performance, and transition plan.

A.

Qualifications.

The offeror shall provide qualifications of the offeror and its key personnel that clearly describe the skills, knowledge and ability for performing the services required by the contract. Individuals must be of unquestionable integrity, display a mature attitude and exercise good judgment. All key personnel shall have a background with a minimum of two (2) years of successful experience in field supervision (civilian law enforcement, military law enforcement or security, commercial or industrial guard service or security). A Key Personnel Resume will be required for the offeror for Company executives, personnel referred to elsewhere as the contract manager or corporate management oversight.

The offeror shall provide the firm’s organizational chart that clearly addresses sufficient, prompt, and active management support; the firm’s home office policy on providing contract support services and control; and, evidence that the proposed Contract Manager (Corporate Management Oversight) is trained and has sufficient experience in an operation of comparable size and complexity. A Key Personnel Resume will also be provided for the proposed Supervisor(s).

SUBJECTIVE TECHNICAL SCORING

EXCEPTIONAL - exceeds specified performance or capability in a beneficial way; has a high probability of success; no significant weaknesses.

ACCEPTABLE - satisfies evaluation criteria. Good probability of success; weaknesses can be readily and easily corrected.

MARGINAL - fails to satisfy the evaluation criteria; low probability of success; significant deficiencies, but correctable.

UNACCEPTABLE - fails to minimally satisfy the evaluation criteria; significant deficiencies, not correctable without a major revision to the proposal.

B.____Plan of Accomplishment

The offeror shall provide information demonstrating its understanding of the contract requirements and explain its approach for successful performance; demonstrate an ability to meet the performance requirement set forth in the Performance Work Statement by stating in it’s proposal, a planned manning rate in Full Time Equivalent (FTEs) for each contract period (base year and each option year). A full time equivalent consists of 2080 work hours per year. The offeror shall also include in their plan of accomplishment a projected schedule for acquiring the following prior to start-up:

a) required licenses and permits

b) staffing

c) equipment; and

d) training

SUBJECTIVE TECHNICAL SCORING

EXCEPTIONAL - exceeds specified performance or capability in a beneficial way; has a high probability of success; no significant weaknesses.

ACCEPTABLE - satisfies evaluation criteria. Good probability of success; weaknesses can be readily and easily corrected.

MARGINAL - fails to satisfy the evaluation criteria; low probability of success; significant deficiencies, but correctable.

UNACCEPTABLE - fails to minimally satisfy the evaluation criteria; significant deficiencies, not correctable without a major revision to the proposal.

C. Past Performance.

The Government will evaluate the information submitted for active or complete “relevant and recent” past performance information. Recent is defined as within the last three (3) years from the release date of this RFP. Relevant is defined as work similar in complexity and magnitude to the scope of work identified in the PWS.

Standard: The IRS will conduct checks on the contracts provided as references of capabilities and past performance of the Offeror. Evaluation of past performance will be based on customer satisfaction with the technical success of the project and the quality of the project management. The elements that will be considered are as follows:

· Quality of Services:

conforming to contract requirements and standards of good workmanship.

· Cost Control:

the contractor’s adherence to budget estimates on a firm-fixed price contract.

· Timeliness:

the contractor’s adherence to schedules including the administrative aspects of performance.

· Business Relations:

the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s overall businesslike concern for the customer.

Offerors shall submit past performance information on at least three (3) contracts, which are considered relevant (for similar services to those described in the PWS) and which demonstrates the offeror’s ability to perform the proposed effort. In addition, Offerors shall submit past performance information on at least three (3) contracts, which are considered relevant (for similar services to those described in the PWS) for any prime/subcontractor, joint venture or mentor protégé business relationships. Offerors shall submit information on problems encountered on contracts and the corrective actions taken to resolve the problems. Offeror’s shall also submit completed Past Performance Questionnaire’s with their proposal (refer to Attachment 5).

Note: If your reference would rather submit the questionnaire directly to Procurement, they may do so by emailing the Questionnaire (Attachment 5) to Lachon Langham at Lachon.N.Langham@irs.gov. All questionnaires must be submitted by 2:00 pm CST on September 22, 2010. It is the Offeror’s responsibility to contact Procurement via email to verify that the Questionnaire has been received.

Offerors shall furnish the following information:

· Contracting Office/Agency/Business

· Contract Number

· Contract type

· Contract award date, award amount, and period of performance

· Service provided (Brief description and how it relates to the work described in the PWS)

· Point of Contact Name and Phone Number

· Other relevant information

The Government may also conduct past performance evaluations utilizing the information obtained from the National Institutes of Health, Contractor Performance System (NIH CPS).

*For offerors with no relevant past performance information, the offeror may not be evaluated favorably or unfavorably on past performance.

SUBJECTIVE TECHNICAL SCORING

EXCEPTIONAL - exceeds specified performance or capability in a beneficial way; has a high probability of success; no significant weaknesses.

ACCEPTABLE - satisfies evaluation criteria. Good probability of success; weaknesses can be readily and easily corrected.

NEUTRAL

No relevant past performance information is available for evaluation. The offeror may not be evaluated favorably or unfavorably on past performance.*

MARGINAL - fails to satisfy the evaluation criteria; low probability of success; significant deficiencies, but correctable.

UNACCEPTABLE - fails to minimally satisfy the evaluation criteria; significant deficiencies, not correctable without a major revision to the proposal.

D. Transition Plan. The incoming Contractor shall submit a Transition Plan with their proposal that is in sufficient detail to identify all transition actions. During the 30-day Transition Period, the following Contractor personnel shall be on-site to observe all operations pertinent to the contract requirements for the minimum time shown in the chart below. The following positions shall be staffed and the individuals shall be on-site prior to the contract start date as follows:

Person Performing the Function Of Calendar Days Prior to Full

Operational Start (Days)

Project Manager 30 days

On-site Supervisor 30 days

SUBJECTIVE TECHNICAL SCORING

EXCEPTIONAL - exceeds specified performance or capability in a beneficial way; has a high probability of success; no significant weaknesses.

ACCEPTABLE - satisfies evaluation criteria. Good probability of success; weaknesses can be readily and easily corrected.

MARGINAL - fails to satisfy the evaluation criteria; low probability of success; significant deficiencies, but correctable.

UNACCEPTABLE - fails to minimally satisfy the evaluation criteria; significant deficiencies, not correctable without a major revision to the proposal.

The following defines strengths, weaknesses, and deficiencies:

Strength is any aspect of a proposal that, when judged against a stated evaluation factor, enhances the merit of the proposal or increases the probability of successful performance of the contract.

Weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance. A “significant weakness” in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

F. Price. Price proposals will be evaluated to ensure that they are competitive and reasonable. The Contracting Officer will be responsible for performing the price evaluation. Award will be made to the overall best value to the Government. The Contracting Officer may request additional pricing information in order to determine price reasonableness. Additional information may include, but is not limited to, labor rates, equipment costs, direct and indirect costs, profit, general and administrative expenses. Price analysis of the offeror(s) price will be conducted using the following techniques:

(1) Comparison of proposed prices received in response to the solicitation.

(2) Comparison of previously proposed prices and previous Government and commercial contract prices with current proposed prices for the same or similar services.

(3) Comparison of proposed prices with the independent government cost estimate.

Qualifications, Plan of Accomplishment, Phase-in, Past Performance, and Transition Plan when combined are significantly more important than price.

A proposal that receives an “Unacceptable” rating for any of the factors is ineligible for award.

The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. In accordance with FAR 15.101-1, a tradeoff process may be used when it is in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offer. Tradeoffs may be done but the closer the technical evaluations become in ranking, the more important price becomes.

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

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

(End of Provision)