W50S8A-24-R-0001 FAR 13.5 COMBO.pdf

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Best Value Trade-Off

Using FAR 13.5 and FAR Part 12 Procedures

1.0 This is a combined synopsis/solicitation for mold remediation and office space demolition in Bldg

254 at Pease ANGB prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested and a written solicitation will not be issued.

1.1. The combined synopsis is issued as a Request for Proposal (RFP) under solicitation number: W50S8A-24-

R-0001

1.2. This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2024-05 (22 May 2024)

1.3. Small Business Set-Aside: 100%; Applicable Size Standard is $19.0M

1.4. NAICS Code: 238910

1.5. Product or Service Code (PSC): P500

1.6. Posting Date: 21 June 2024

1.7. Response Date: 22 July 2024

1.8. Contracting Office: USPFO for NH, 302 Newmarket Street, Newington, NH 03801

1.9. Government Points of Contact: Contracting Officer: MSgt William J. Cole

(william.j.cole68.mil@army.mil) and Contract Specialist: Matthew R. Lapointe

(matthew.r.lapointe.civ@army.mil)

1.10. Line item number(s) and items, quantities, and units of measure

CLIN 001- Bldg 254 Demolition & Mold Remediation (QTY= 1 JOB)

CLIN 002- OPTION 1- HVAC Mold Remediation (QTY= 1 JOB)

1.11. Description of requirements for the services to be acquired:

The New Hampshire National Guard intends to issue a request for proposal to award a single firm fixed-price contract for services, non-personal, to provide all plant, labor, transportation, materials, tools, equipment, appliances and supervision demolish 30,000 sqft of office space. The scope of this work shall involve the removal of nearly 38,000 sqft of mold contaminated walls, partitions, and drywall; the removal of almost 10,000 sqft of mold contaminated suspended ceiling tiles; and the removal of approximately 10,000 sqft of mold contaminated carpet. The contractor shall also perform mold abatement through the 30,000 sqft area as well as disposal of all debris at that site.

1.12. Date(s) and place(s) of delivery and acceptance and FOB point:

The performance period shall last from 29 July 2024 to 30 September 2024. The place of performance shall be at Bldg 254 at Pease ANGB in Newington, NH.

1.13. Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and addendum applies to this acquisition.

1.14. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services with its proposal.

1.15. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

mailto:matthew.r.lapointe.civ@army.mil

1.16. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services, applies to this acquisition. See clause below, in full text, for list of additional applicable clauses.

1.17. Additional contract provisions and clauses are applicable and included below.

1.18. Defense Priorities and Allocations Systems (DPAS) Rating: Not rated.

2.0 PROPOSAL SUBMISSION INSTRUCTIONS

2.1 Submission Due Date. The offeror must ensure its proposal, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 11 July 2024 at 4:00PM (EST)

2.2 Late Proposals. The lateness rules for submitted proposals are outlined in FAR 52.212-1

"Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The proposal submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contracting Officer (KO), William J. Cole at william.j.cole68.mil@army.mil and the Contract Specialist (CS), Matthew R. Lapointe at matthew.r.lapointe.civ@army.mil. The proposal shall only be submitted as described.

2.4 Proposal Compliance. The Government must have received from the offeror a fully compliant proposal. The proposal is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

2.5 Proposal Acceptance. The contractor shall make a clear statement in the proposal as to the expiration date of the proposal and the stated expiration date shall be valid for all proposed subcontractors as well.

2.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a proposal acceptance period in the Proposal/ Summary of not less than 30 days from the date of the solicitation closing. This date may be extended by mutual agreement.

2.6 Proposal Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the

Government will retain one copy of all unsuccessful proposals.

2.7 RESERVED

2.7.1 Offerors are limited to submitting one proposal with one approach to meeting all the requirements of this solicitation.

2.7.2 Proposals that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.

2.8 Optional Proprietary and Restrictive Markings

2.8.1 Mark the title page with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [offeror shall insert numbers or other identification of sheets]” and

2.8.2 Mark each sheet of data it wishes to restrict with the following legend:

mailto:william.j.cole68.mil@army.mil mailto:matthew.r.lapointe.civ@army.mil

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

3.0 PROPOSAL FORMAT

3.1 This section provides guidance to the offeror for preparing a proposal in response to the solicitation. The offeror’s proposal shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements.

In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

3.2 The proposal submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

3.2.1 The acceptable electronic formats for proposals shall be compatible with MS Office

2024, specifically MS Word and MS Excel; PDF format is acceptable for the

Technical proposal and price narrative. The price proposal must be in MS Excel format.

3.2.2 Minimum type size shall be 12 point Times New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

3.2.3 All proposal volumes shall be labeled with the solicitation number (W50S8A-24-R-

0001)as well as the name, address, and telephone number of the Offeror.

3.2.4 All volumes shall be electronic files and not be password protected.

3.3 Offerors shall scan all files for computer viruses prior to submission to the Government.

3.4 Proposals may not include classified information. All proposals shall be at the UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

4.0 PROPOSAL CONTENT AND ORGANIZATION

4.1 The offeror shall prepare the proposal as set forth in Table 1, Proposal Organization Table and

Table 2, Proposal file Name Matrix. The completion and submission to the Government of documents identified in Table 1, Proposal Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

4.2 The proposal shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic proposal . Any linked information that is not contained in the proposal will not be accepted.

4.3 Each volume shall be written or presented on a standalone basis. Information required for proposal evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the proposal and will not be considered.

4.4 Pages that exceed the required page limitations set forth in Table 1, Proposal Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 PROPOSAL ORGANIZATION TABLE

VOLUME SECTION TITLE COPIES PAGE LIMIT

Cover Letter – Not Evaluated

Proposal Summary – Not Evaluated

Organizational Conflict of Interest (OCI) –

Not Evaluated

1 – electronic 3 pages

2 Factor 1: Technical Capability 1 – electronic 10 pages

Factor 2: Past Performance 1 – electronic

Up to 1 pages per reference;

not to exceed 5 pages

(Past performance, PWS, and SOWs do not count towards the page limit)

4 Factor 3: Price Proposal 1 – electronic 1 page

4.5 All electronic files must be submitted using the file names in Table 2, Proposal File Name matrix, below.

TABLE 2 PROPOSAL FILE NAME MATRIX

Volume Volume Name File Name Contents

1 Proposal Summary (Offeror Name) – Proposal Summary.docx Offeror’s Proposal Summary

2 Technical Capability (Offeror Name) – Technical Capability.docx Offeror’s Technical Capability

3 Past Performance (Offeror Name) – Past Performance).docx Offeror’s Past Performance

4 Price Proposal (Offeror Name) – Price Narrative.docx Offeror’s Price Narrative

(Offeror Name) – Price Proposal.xlsx Offeror’s Price Proposal

Spreadsheet

5.0 PROPOSAL DOCUMENTS

5.1 Proposals shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rationale to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The

Government will base its evaluation on the information presented in the offeror’s proposal in response to this solicitation, except as stated in the past performance evaluation section.

5.2 Proposals shall be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation.

5.3 PROPOSAL SUMMARY, Volume 1, shall include:

• Solicitation No. W50S8A-24-P-0001

• Date submitted

• Offeror’s name

• Offeror’s address, CAGE code, and UEIDs

• Offeror contact information for proposal POC(s)

• All proposed subcontractor(s) (as applicable)

• Address, CAGE code, and UEIDs for each proposed subcontractor

• Proposal Acceptance Period

• OCI Plan or negative affirmation

5.4 Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in

SAM prior to award

5.5 Where certifications and approved systems are required for an offeror, if the proposal is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the proposal .

5.6 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's proposal IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all of the members comprising the JV.

5.7 Statement of Acknowledgement. A statement specifying the extent of agreement with all terms, conditions, and provisions of the RFP, and a statement of agreement to furnish and deliver the supplies or perform services set forth in the RFP in consideration for offeror’s proposed price(s) set opposite each supply. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the proposal from further consideration in the source selection process.

5.8 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the proposal. Also, the offeror shall include a statement that none of the

"assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the proposal from further consideration in the source selection process.

6.0 TECHNICAL CAPABILITY, Volume 2, shall include:

6.1 The Technical Capability section of the proposal shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures. This section shall not include any pricing data. The offeror’s proposal information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

7.0 PAST PERFORMANCE, Volume 3, shall include:

7.1 The offeror shall submit information for a total of up to three years (no more than 5) of recent contract past performance references that were performed by the offeror as the prime contractor, which the offeror considers to have relevance. These may include foreign, federal, state, local and private industry contracts.

7.1.1 While the Government may elect to consider data obtained from internal and external sources other than the proposal, the burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance.

7.2 The Government does not assume the duty to search for data to cure problems it finds in proposals.

7.3 The below instructions are provided to advise offerors as to the information required by the

Government to assess the contractor's Recent and Relevant past performance. Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner.

7.3.1 Failure to provide the information requested below may result in an assessment that the offeror does not possess a record of Recent and Relevant past performance.

7.3.2 Recent contracts are those performed within three years of the date of issuance of this solicitation.

7.3.3 Relevant contracts are those comparable in scope and magnitude of effort and complexity to the PWS requirement(s).

7.4 Contract Information: The offeror's proposal shall substantiate what distinct effort was required and actually performed under each of the contract(s) included in the proposal.

7.4.1 For each Contract(s) submitted, provide the following information:

• Prime Contractor name and address;

• Contract Number (and delivery/contract number if applicable);

• Contract Type;

• Total Value of the Contract (beginning & ending value);

• Delivery or Performance Schedule;

• Contract period of performance;

• Government or private industry contracting activity address, telephone number and e-mail;

• Procuring Contracting Officers (PCO) and/or Contract Specialist's name, or point of contact for private industry entity responsible for signing or administering the

Contract, telephone number and e-mail;

• Government (DCMA) or private industry administrative contracting officer (ACO), contracting officers representative (COR), performance certifier, and/or quality assurance representative (QAR), name, telephone number and email;

• Specify the Government or Contractor Point(s) of Contact for which the

Questionnaire was sent, and provide the date(s) it was sent;

7.4.2 Provide a description of the work performed by the offeror, which shall include a narrative describing the similarities between (1) the relevant work performed under the PWS requirements of the offeror's cited contract(s) and (2) the PWS requirements identified in paragraph 5.0 & 5.3. In its narrative, the offeror shall specify the location in the cited contract PWS (to include paragraph and page number) that substantiates the relevant work performed (see 6.2.7 below);

7.4.3 Provide a brief self-assessment of contract performance.

7.4.4 Provide a copy of the complete performance work statement (PWS) or statement of work (SOW) for each of the submitted contracts.

7.4.5 If the proposed Contract was issued under or in connection with a related written instrument (e.g. IDIQ, BOA, BPA, FSS) and the details of the distinct effort actually performed needed to establish relevancy on the proposed contract are further defined within the terms and conditions (e.g. statement of work) of that related written instrument, provide that information and any other information necessary to establish this instrument's relationship to the proposed contract. (These documents can be submitted as stand-alone attachments with the proposal).

7.4.6 The offeror may also be evaluated based on other internal Government or private source information. The Government may utilize the Contract Performance and

Rating System (CPARS) to search for recent and relevant offeror performance and ratings.

7.5 The Government will conduct an in-depth evaluation of all recent performance information to determine how closely the services performed under those contracts relate to the management and technical requirement(s). Consideration will be given to similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, and schedule. In addition, consideration will be given to any quality awards or certifications that indicate the offeror has a high-quality process for developing and producing the products or services required by this acquisition.

7.6 The offeror may provide a copy of its most recent CPARS evaluation, if applicable, showing the overall rating(s) for each of the past performance references provided in the proposal.

8.0 PRICE, Volume 4, shall include:

8.1 Price Proposal Format.

8.1.1 Electronic spreadsheet files (Workbooks) shall be sent in MS Excel 2014 compatible format, and include all formulas, functions, macros, computations, or equations used to compute the proposed amounts. There can be no cell references to data or files which are not included in the Price Volume. For each Workbook, all Rows, Columns, Cells and Worksheets must be Visible (object.Visible=True). Zero height/Zero width rows/columns in Worksheets are not acceptable. Worksheet cells formatted with the Font color equal to the Fill color are unacceptable. Workbooks or

Worksheets shall not be password protected. Print image files or pictures (for example a picture of an Excel spreadsheet embedded in a word document) or files containing only values are not acceptable.

8.1.2 Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are MS Excel 2024 or MS Word 2024 compatible. BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a

BOE may not be included as a picture.

8.1.3 Under no circumstances is price information and documentation to be included elsewhere in the proposal.

8.2 The price proposal shall contain:

8.2.1 The offeror shall submit data substantiating the price proposed to complete the requirements identified in the solicitation. The offeror’s price proposal shall contain sufficient factual information to establish that the proposed price is reasonable and complete. The offeror shall submit a narrative BOE to substantiate the price proposal.

8.2.2 The offeror shall provide the total price for each CLIN in the solicitation. Include a complete list of all categories and the direct hourly rate for each labor category.

8.2.3 Subcontractor Price Submission. Subcontractor price proposal information should be submitted and included as part of the prime offeror’s proposal submission. In the event that a subcontractor declines to provide complete price proposal to the offeror, that subcontractor’s proposal information may be submitted by the subcontractor directly to the Government using the same submission instructions noted above.

Such submissions shall arrive at or prior to the due date for proposals noted on the front page of this solicitation.

8.2.3.1 RESERVED

8.2.4 In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

9.0 ORGANIZATIONAL CONFLICT OF INTEREST

9.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a Government support contractor for Government offices involved in supporting program efforts or related programs.

9.2 All offerors shall make a preliminary disclosure to the PCO, at the time of its proposal, of any

Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation.

9.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the proposal to be rejected and no longer be considered for award. Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

9.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.

10.0 Award. 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.

11.0 EVALUATION FACTORS FOR AWARD

11.1 The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

11.1.1 Technical Capability

11.1.2 Past Performance

11.1.3 Price

11.2 Basis for Award

11.2.1 The Government intends to award a single Firm-Fixed Price (FFP) Contract as a result of this solicitation.

11.2.2 Per FAR 9.103, the contract will be placed only with an offeror that the Contracting

Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

11.2.3 Consistency. Each section of the offeror’s proposal shall be consistent within the

11.2.4 Completeness. The Government’s ability to evaluate a proposal may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a proposal may prevent the Government from evaluating a

11.2.5 The Government will assess the offeror’s proposal on three factors: (1) Technical

Capability, (2) Past Performance and (3) Total Price (TP).

11.3 EVALUATION OF TECHNICAL CAPABILITY

11.3.1 Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS paragraph(s)

5.0— 5.3.

11.4 EVALUATION OF PAST PERFORMANCE

11.4.1 The evaluation of this factor will assess the risk of unsuccessful performance of the offeror’s proposed approach to performing efforts of a similar scope, magnitude, and complexity as the requirement described in the PWS.

11.4.2 The Government will evaluate the offeror’s past performance to determine the likelihood that the offeror will successfully perform the required effort described in the PWS.

11.4.3 Contracts submitted in the Past Performance section of the offeror's proposal will not be considered if the Government determines them to be not recent, not relevant, or lacking any credible past performance information. If the offeror does not have a record of Recent and Relevant past performance information the offeror will be rated as "Neutral,” which is neither favorable nor unfavorable.

11.4.4 The offeror may also be evaluated on past contract performance information utilizing internal Government or private source information and the Government reserves the right to use any information received as part of its evaluation. The Government may contact any of the references the offeror provides and reserves the right to use any information received as part of its evaluation.

11.4.5 In evaluating the offeror's performance history, the Government may compare the offeror's deliveries or performance to the contract's original delivery or performance schedule, unless the delay was Government-caused. Schedule extensions that were the fault of the offeror, even if consideration was provided, may be counted against the offeror.

11.5 EVALUATION OF PRICE FACTOR

11.5.1 Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and are not unbalanced.

11.5.2 Reasonableness. The Government will evaluate the price reasonableness of the offerors' proposed prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business.

The Government shall employ price analysis techniques in accordance with FAR

13.106-3 to determine that a proposed price is fair and reasonable.

11.5.3 Completeness. The Government reserves the right to conduct discussions with offerors, but discussions are not anticipated or intended. Since discussions are not anticipated or intended, the Government requires complete proposals with respect to price. A complete proposal will include all information required by this solicitation.

11.5.4 Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether proposals are unbalanced between line items, as well as unbalance between periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques.

Unbalanced offers may be determined unacceptable.

11.5.5 Options. The Government will evaluate proposals 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). Additionally, as part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by calculating the price for six months of performance using the monthly pricing from the offeror's final option period prices. The calculated six-month price will be added to the offeror's total proposed price. Thus, the offeror's total price for the purpose of evaluation will include the base period, all option periods, and the calculated six-month extension price. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.