Amendment 06.pdf

AJXF069112

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Purpose of the Amendment 06 is to incorporate the 100% draw ings and specifications and to add the additional VIP entrance area to the draw ings and specifications. Amendment 06 also incorporated the updated w age determinations and other administrative issues. Revised proposals are due to the contracting office by 2PM EST 11 May 2010.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-Apr-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W90FYQ-10-R-0003

X 9B. DATED (SEE ITEM 11)

22-Jan-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Apr-2010

CODE

NGB-PARC-S

43200 MAPLE ST

BLDG 105, RM 36

SELFRIDGE ANGB MI 48045

W90FYQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W90FYQ-10-R-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 06

Amendment 06

The purpose of Amendment 06 is to incorporate 100% drawings and specifications and miscellaneous administrative issues:

1. The attached 100% drawings dated 16 April 2010 are herby incorporated into the solicitation and replace the previously issued 95% drawings dated 15 January 2010.

2. The attached specifications dated 16 April 2010 are hereby incorporated into the solicitation and replace the previously issued 95% drawings dated 15 January 2010.

3. The following wage determinations are incorporated into the solicitation:

MD100038 3/12/2010 MD38

MD100049 3/12/2010 MD49

MD100057 3/19/2010 MD57 Modification 01 3/19/2010 MD100048 3/19/2010 MD48 Modification 01 3/19/2010

4. Section 00010 NOTES, Note 5 “Reference DFARS provision 252.236-7006, Cost Limitation. There is a $1.5M limitation on the entire project” is hereby deleted.

5. Section 00700 Clause 252.236-7006, Cost Limitation is hereby deleted.

6. Offerors should note that there is an additional parking VIP area in the 100% drawings that is to be included in the base price.

7. Explicit access will be provided to only those offerors notified to have been within the competitive arena.

Offerors must ensure requests for explicit access to the drawings come directly from the individuals originally granted access and not from subcontractors. Subcontractors will not be granted explicit access.

8. Questions and Answers must be submitted in writing to the Contracting Office via email utilizing the previously posted Exhibit F. All questions and answers shall be submitted to 127wg.ngbzcparcomb@ang.af.mil by no later than 4PM Thursday 06 May 2010.

9. Revised Pricing Proposals are due to the NGB-PARC-S office located at 43200 Maple Street, Building 105, Room 36, Attention Julianne Cooper, Selfridge ANG Base, 48045-5213 by no later than 2 p.m. EST on Tuesday 11 May 2010.

Offerors should submit complete revised pricing proposals on the posted revised SF1442 and Bid Schedule.

Offerors shall submit one (1) original and three (3) copies of their revised pricing proposals by the due dated specified above.

10. All other terms and conditions remain unchanged.

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 02-Mar-2010 02:00 PM to 11-May-2010 02:00 PM.

The following have been modified:

TABLE OF CONTENTS

SECTION 00010 Solicitation Contract Form

TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK

SECTION 00010 - PRICING SCHEDULE, NOTES

SECTION 00100 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00600 – REPRESENTATIONS & CERTIFICATIONS

SECTION 00700 - CONTRACT CLAUSES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

ATTACHMENT 1 – PLANS AND SPECIFICATIONS Project #AJXF069112 Dated 15 JAN 2010

EXHIBIT A- Performance Relevancy Questionnaire EXHIBIT B- Subcontractor Information and Consent Form EXHIBIT C- Reference Questionnaire package

EXHIBIT D-RESERVED

EXHIBIT E- Proposal Contents Aid EXHIBIT F- Proposal Inquiry Format

SECTION 00010 NOTES

NOTES

1. Instructions for the preparation of proposals are located in Sections 00100, 00110 and 00120.

2. Offeror’s attention is invited to the insurance requirement contained in this solicitation (FAR Clause 52.228-5 Insurance – Work on a Government Installation). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life the contract.

3. Reference DFARS Provision 252.236-7008, Contract Prices – Bidding Schedules The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer”, and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

4. Funds IAW FAR Provision 52.232-18, Availability of Funds. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

End of Section 00010

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

SECTION 00100

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. SCOPE

1.1. You are invited to submit a proposal in response to our Request for Proposal (RFP) W90FYQ-10-R-0003 entitled RECOVERY—PROJECT NUMBER AJXF069112, ANGRC OPERATIONS CENTER at Andrews Air Force Base, Maryland. As a result of this solicitation, the Government intends to award a single Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and sub factors in the solicitation.

1.2. Solicitation is Unrestricted. In accordance with FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business concerns the HUBZone preference of 10% is applicable.

2. NOTICE OF PRE-PROPOSAL CONFERENCE

2.1.1. A pre-proposal conference will be conducted on 02 February 2010 at 1000 hours for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. This conference will be held at Andrews Air Force Base, Maryland. Interested Contractors are highly encouraged to attend the pre-proposal conference. The site visit will be held following the conference.

2.1.2. Additional information concerning the pre-proposal conference will be issued by amendment to this solicitation.

2.1.3. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to Julianne Cooper at the following address:

127wg.ngbzcparcomb@ang.af.mil

Firm Name and Telephone Number Visitor’s First Name and Visitor’s Last Name Visitor’s Social Security No.

Visitor’s Date of Birth Visitor’s Driver’s License State and Driver’s License No.

Vehicle Description (if rental, state RENTAL) Vehicle Plate State and Tag No. (If rental, state RENTAL) Indicate if the attendee already has valid and appropriate security access to Andrews Air Force Base, if the answer is yes then only first two items on preceding list will aply. Note if anyone coming with a badged person does not have access all information above is required.

2.1.4. This information must be provided in advance, not later than five (5) business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

2.1.5. Visitors must pick up their passes at the Andrews Air Force Base Main Gate located on Allentown Road. You will be required to present the following information upon arrival: (1) Vehicle Registration, (2) Valid Driver’s License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable.

Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

2.1.6. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

2.1.7. A record of the conference shall be made and furnished to all prospective offerors via posting to our web site at https://www.fbo.gov/ . The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

3. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

3.1. A Submit all questions on the Exhibit F, Proposal Inquiry Format by email to the contracting office at the address show below.

Subject Line: Reference No. W90FYQ-10-R-0003 Email: 127wg.ngbzcparcomb@ang.af.mil

3.2. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

3.3. The Contracting Officer reserves the right to address questions received after the fifth day prior to solicitation closing with those offers deemed responsive and/or in the competitive range after closing. All questions and requests for information (RFI) must be received NOT LATER THAN the fifth working day prior to closing and will be posted not later than two working days prior to closing. OFFERORS ARE STRONGLY ENCOURAGED

TO SUBMIT QUESTIONS EARLY IN THIS PROCESS.

3.4. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting to our web site at:

https://www.fbo.gov/ .

3.4.1. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

3.4.2. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Federal Business Opportunities (FedBizOpps.gov or fbo.gov) system. FedBizOpps is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with FedBizOpps before accessing the system. FedBizOpps registration requires the following information:

3.4.2.1. 1) Central Contractor Registration (CCR) Marketing Partner Identification Number (MPIN) 2) DUNS Number and CAGE Code3) Telephone Number 4) E-Mail Address. Registration instructions can be found on the FedBizOpps website at https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf. Reference paragraph 4.4 of the Vendor Guide for instructions to retrieve the specification and drawing documents for this project. Bidders/offerors who have registered with FedBizOpps must access the data for this solicitation by way of the link below. Bidders/Offerors cannot log into the FedBizOpps home page and search for data.

4. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

4.1. The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on the following website: https://www.fbo.gov/

4.2. Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information.

5. HAND CARRIED PROPOSALS/INVITATIONS

5.1. Offerors intending on delivering hand carried proposals must provide the following information to Julianne Cooper at the NGB PARC-S Office via email at 127wg.ngbzcparcomb@ang.af.mil , no later than twenty four (24 hours) in advance to the closing date for receipt of proposals.

Firm Name and Telephone Number Visitor’s Name

All visitors must present valid automobile insurance and a valid registration for their vehicle at the Selfridge ANG Base Visitors’ Center prior to gaining access to the base. Offerors should anticipate that the process to gain access to the base will take approximately one (1) hour to complete and should plan accordingly to meet the closing time and date for the receipt of proposals.

5.2. A bid repository is provided for hand carried proposals and is located at NGB PARC-S Office, 43200

Maple Street, Building 105, Room 36, Selfridge Air National Guard Base, Michigan, 48045-5213. Hand carried proposals must be deposited in the repository prior to the time established for receipt of proposals. The above address shall be used for FedEX/UPS etc. who deliver directly to to the room.

5.3. Offerors are cautioned that approval to enter the base must be obtained prior to the closing date for receipt of proposals. Follow the procedures outlined in paragraph 5.1 for entry. Delays are probable at the entry point and should be accommodated for. Late receipt of proposals due to base entry delays may not be deemed excusable and the Contracting Officer may declare the proposal late and remove it from consideration.

6. WAGE DETERMINATION

6.1. Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are.

MD100038 3/12/2010 MD38

MD100049 3/12/2010 MD49

MD100057 3/19/2010 MD57 Modification 01 3/19/2010 MD100048 3/19/2010 MD48 Modification 01 3/19/2010

In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An Amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404-5(c)(4) will apply.

6.2. Applicable wage rates can be found at http://www.access.gpo.gov/davisbacon/md.html

7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

8. REMOVAL OF SECTIONS AT TIME OF AWARD

Sections 00100, 00110, 00120, 00600 and all exhibits will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

9. DISPOSITION OF UNSUCCESSFUL PROPOSALS

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals. The Government will destroy extra copies of unsuccessful proposals. No destruction certificate will be provided.

10. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES

10.1. It has been determined that all temporary utilities shall be the responsibility of the contractor. The contractor will pay all charges (hook up fees, metering, monthly usage, etc.) resulting from temporary utilities. The offerors will take this into consideration when computing its offer. (FAR Clause 52.236-14, Availability and Use of Utility Services.

11. EXCEPTIONS

11.1. If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each such exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 00010 through 00800) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any requirement in the solicitation. (The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award.

12. CLAUSES

12.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

12.2. Clauses and provisions in this document may not appear in consecutive order.

13. RESERVED

SECTION 00120

SECTION 00120 PROPOSAL EVALUATION AND BASIS FOR AWARD

1. GENERAL INFORMATION

1.1. This solicitation is for a Firm Fixed Price Contract. The Government intends to award a single contract to the offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the RFP's requirements and is judged to represent the Best Value to the Government. The Best Value is the most advantageous offer, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria. This may result in award being made to a higher-rated, higher-priced offeror, if the Contracting Officer determines that the past/present performance of the higher-priced offeror outweighs the cost difference.

1.2. To arrive at a Best Value decision, the Source Selection Authority will integrate the evaluation of past performance and price. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. A Proposal receiving a “High Risk " rating is unawardable and may be removed from further consideration for award.

1.3. The source selection process will be conducted in accordance with FAR Part 15.3, Source Selection procedures. Offers will be evaluated using the criteria listed in “Evaluation Factors for Award”. Noncompliance with the RFP requirements may raise serious questions regarding an offeror’s past performance and/or cost performance and may be grounds to eliminate the proposal from consideration for contract award. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

1.4. The Contracting Officer will conduct proposal compliance review after closing for determination of basic proposal adequacy prior to providing the proposals to the evaluators. Failure to provide a complete proposal, all 2 Volumes, may result in the proposal being removed from further consideration for award.

1.5. Offerors must ensure that no pricing information is displayed in Volume 2, Past Performance Proposal.

1.6. Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of proposals. Request for responsibility information do not constitute discussions.

1.7. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). 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.

1.8. The Government reserves the right to reject any or all offers if such action is in the Government's best interest.

1.9. ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

2. EVALUATION FACTORS FOR AWARD

2.1. The evaluation factors are Past Performance and Price. The relative importance of the evaluation factors that will affect the contract award are as follows: Past performance is approximately equal to price. The evaluation process is as follows:

2.2. PAST/PRESENT PERFORMANCE EVALUATION

2.2.1. The Past Performance evaluation will consider such things as an offeror's business practices, customer relationship, ability to successfully perform as proposed, and other considerations as described in Present Performance Sub-factors, elements and other considerations. Past Performance includes current/on-going (present) performance complete to 70% percent.

2.2.2. In assessing performance confidence, the evaluator may: (1) evaluate present and past performance information through the use of questionnaires completed by the offeror's references; (2) use data independently obtained from other Government or commercial sources, to include but not limited to Government databases; (3) rely upon personal business experience with the offeror; (4) the information provided in the Offeror’s Past Performance Relevancy Questionnaire; and (5) consider any information the offeror submits which explains any problems encountered on the identified contractor and the offeror's corrective actions. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate.

2.2.3. The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing, contracts.

2.2.4. An offeror with no relevant Past Performance may receive a rating based on the evaluation of its predecessor companies, key personnel, and/or subcontractors. These ratings may not have the same weight as the ratings of the proposing company. If such information is not applicable (i.e., the offeror does not have a predecessor company, key personnel or subcontractors with relevant experience), the offeror shall be evaluated as "Neutral”. However, the proposal of an offeror with no relevant Past Performance history, while rated ”Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors. Offerors without previous Government contracts shall be rated neutral in the area of compliance with small business concerns requirements.

2.2.5. In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors.

2.3. Currency, Relevancy, and Trends: Evaluators will consider the performance information for currency, relevancy as well as trends in the performance while conducting its evaluation.

2.3.1. Current means performance occurring within the last five (5) years for the period beginning five years prior to the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period.

2.3.2. In assessing relevancy, the Government may evaluate an offeror's references for similarity of parking lot construction, paving, curb cut and driveways, stormwater retention pond construction; project size $1,000,000.00 to $5,000,000.00; project scope including curb cuts and driveways, parking arrays, stormwater retention pond and parking spaces and aisles, landscape median and sidewalks , underground utilities, and parking lot lighting; cost magnitude, and complexity of work performed to those required for the proposed effort. Trends in performance will be considered. Relevancy may affect an offeror’s overall Past Performance rating.

2.3.3. The Government may consider an offeror’s previous contracts in the aggregate in determining relevancy, should the offeror’s present and past performance lend itself to this approach. For example, an offeror’s work experience on three contracts may, by definition, represent only a semi-relevant effort when each contract is considered as a stand-alone effort. However, when these contracts are performed concurrently (in part or in whole) and are assessed in the aggregate, the work may more accurately reflect a relevant effort.

2.3.4. The following apply to weighting relevancy considering all the elements listed above;

2.3.4.1. VERY RELEVANT - Past/present performance efforts may have involved the magnitude of effort and complexities, which are essentially what this solicitation requires.

2.3.4.2. RELEVANT - Past/present performance efforts may have involved less magnitude of effort and complexities, including some of what this solicitation requires.

2.3.4.3. SEMI-RELEVANT - Past/present performance efforts may have involved much less magnitude of effort and complexities, including some of what this solicitation requires.

2.3.4.4. NOT RELEVANT - Past/present performance efforts may have involved none or significantly less magnitude of effort and complexities, to what this solicitation requires.

2.3.4.5. Offerors who otherwise have satisfactory performance on previous construction projects may be rated “neutral” if those projects are not considered relevant to the proposed acquisition and relevancy cannot be obtained through the evaluation of key personnel and/or subcontractors. Projects that are not current will not be considered in the evaluation.

2.4. Past Performance Sub-factors. There are six (6) sub-factors. Quality Control, timely performance and Management effectiveness are the most significant subfactors and are of equal value and combined, are significantly more important than the other three subfactors. Other subfactors are listed in descending order of importance.

Evaluation will be at the factor level.

Quality Control Timely Performance Management Effectiveness Compliance with Safety Standards Compliance with Federal laws and regulations Compliance with utilization of small business concerns requirements (applicable to all); and/or, Small Business Subcontracting Plan Requirements, (applicable to large businesses only).

2.5. The elements that may be considered under each subfactor are described below:

2.5.1. Quality Control (QC): Evaluators may consider such things as: Quality of Workmanship;

Adequacy of the Contractor QC; Identification/correction of deficient work in a timely manner; Suggested solutions and displayed initiative to implement solutions; Adequacy of Materials; Use of specified materials; Adequacy of Submittals and Adequacy of "As-Builts”.

2.5.2. Timely Performance: Evaluators may consider such things as: Met established progress schedule; Timely submission of updated and revised progress schedules; Resolved delays in an expeditious manner;

Identification/correction of deficient work in a timely manner; Provided submittals in a timely manner; Completed all contract work prior to requesting final inspection; Timely completion of punch-list items; Left no major discrepancies; Timely submission of close out documents, i.e., “as builts”, “red lines”; Contractor provided timely and satisfactory response to warranty issues after project completion.

2.5.3. Management Effectiveness: Evaluators may consider such things as:

2.5.3.1. General Business Practices, including, but not limited to: Contractor provided experienced managers, and supervisors with the ability needed to meet contract requirements; Hired experienced subcontractors; Paid subcontractors/suppliers in a timely manner; The contractor cooperated to resolve problems, attending meetings (as applicable) and maintained communication to assure satisfactory resolution;

2.5.3.2. Pricing, including, but not limited to: The contractor submitted proposals that accurately represented the work required; The contractor's supporting price/cost information for modifications were accurate, complete and reasonable (not over inflated or under estimated); Provided well-substantiated pricing data for change orders;

2.5.3.3. Site Management/Superintendent, including, but not limited to: Site manager ensured compliance to contract requirements & safety regulations; Site manager acted promptly to resolve problems and ensure work quality; Site manager had sufficient authority to make decisions or take actions during project performance; Site manager consistently present on site when work was performed.

2.5.3.4. RESERVED

2.5.4. Compliance with Safety Standards: Evaluators may consider such things as: Adequacy of implementation of safety plan; Acceptable safety history.

2.5.5. Compliance with Federal laws and regulations: Evaluators may consider such things as:

Compliance with labor laws and regulations with specific attention to Davis-Bacon Act including, but not limited to:

Submitted payrolls in a timely manner; Payrolls were complete and correct; Compliance with Drug Free Work Place requirements; Compliance with Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition; Use of Recovered Material (Affirmative Procurement); Compliance with Environmental Regulations.

2.5.6. Compliance with Small Business Concerns Requirements: Evaluators may consider such things as; (Applicable to all offerors) Adequate Utilization of Small Business Concerns clause requirements (FAR Clause 52.219-8). Utilization of Small Business Concerns clause requirements include utilization of small, small disadvantaged, HUBZone, women-owned, and disabled veteran businesses on prior Government contracts. (This will be rated neutral if no Government contract); generally, demonstrated compliance with the clause. (Applicable to large businesses offerors only) Adequate compliance with Small Business Subcontracting Plan requirements (FAR Clause 52.219-9); were goals achieved and, if not, were reasons considered adequate to mitigate future performance risk acceptable.

2.6. Other Past Performance Considerations: Evaluators may also consider the following issues when evaluating an offeror's Past Performance. These issues may help provide additional guidance in deciding a descriptive performance confidence assessment (e.g., "Very Low Risk" or "Low Risk") for a specific offeror if there is a question as to which adjective is most appropriate.

2.6.1. Effectiveness of value engineering change proposals on prior Government contracts (impact on reducing cost or schedule, increasing efficiency or improving quality);

2.6.2. Professional/Industry Awards

2.6.3. Letters of appreciation, recognition or commendation, etc., received on behalf of a customer may be submitted. The Government will consider up to five (5) such documents.

2.6.4. Unique skills and accomplishments;

2.6.5. Assessment of liquidated damages (frequency, circumstances, severity of problem, etc.)

2.6.6. Contractor Desirability: Based on the contractor's overall performance, how willingly would a customer re-hire the offeror.

2.7. The following ratings and related definitions will be used to define the performance risk. Based on the evaluation results, the evaluators will assign the Past Performance factor one of the ratings as defined below.

2.7.1. Very Low Risk: Performance met all contract requirements and exceeded many to the Government's benefit. Problems, if any, were negligible and were resolved in a timely and highly effective manner.

Performance was current and generally very relevant to relevant. Excellent probability of success with overall very low degree of risk in meeting Government's requirements.

2.7.2. Low Risk: Performance met contract requirements. Good quality. Minor problems were identified; however, contractor took satisfactory corrective action to resolve where appropriate. Performance was current and generally very relevant to relevant. Good probability of success with overall low degree of risk in meeting the government's requirements.

2.7.3. Average Risk: Performance met most contract requirements. Adequate quality. Problems were identified; however, contractor usually took adequate corrective action. OR Although performance exceeds expectations and was rated excellent to very good the projects submitted were generally semi-relevant to the efforts required by this solicitation. Fair probability of success with an average degree of risk in meeting the government's requirements.

2.7.4. Above Average Risk: Performance met some contract requirements. Fair quality. Problems were identified; however, contractor sometimes took corrective action, but not always to the owner’s satisfaction.

Performance was current and generally very relevant to semi-relevant. Fair probability of success with an overall above average risk in meeting the government's requirements.

2.7.5. High Risk: Performance did not meet some contractual requirements. There were problems, some of a somewhat serious to serious nature. Contractor's corrective action was sometimes marginally effective to ineffective. Performance was current and generally very relevant to semi- relevant. Probability of success is questionable with an unacceptably high degree of risk in meeting the government's requirements.

2.7.6. Neutral: No current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment. Unknown

3. PRICE EVALUATION

3.1. The purpose of the price/cost evaluation is to determine whether an offeror's proposed prices/costs for the project are reasonable and realistic in relation to the solicitation requirements and demonstrate an offeror’s understanding of the proposal requirements. Price is not rated. Attention is called to 252.236-7006 Cost Limitation. The limit for the entire project is $15M Offerors exceeding that amount may be rejected for non-compliance.

3.2. The Government reserves the right to obtain additional information concerning the price (cost) as necessary to obtain a better understanding of the price proposed. No proposal revisions will be allowed under these conditions. Request for such information is for clarification purposes only. This does not constitute and shall not be construed as discussions.

3.3. The Government will conduct a price/cost evaluation of each offeror's proposal to determine whether or not each proposal complies with the stated criteria: "Reasonableness" and Realism". Those proposals evaluated as not satisfying all of the price/cost criteria may be eliminated from further consideration unless the Contracting Officer determines:

3.3.1. A minor clerical error has occurred, in which case the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or

3.3.2. The Contracting Officer determines discussions are required.

3.4. Reasonableness of an offeror's proposal is evaluated through cost or price analysis techniques as described in FAR Subpart 15.305(a)(1) and (4). For cost (Price) to be reasonable, it must represent a cost (Price) that provides value to the Government when consideration is given to prices in the market and functional capabilities of the offeror.

3.5. Realism is evaluated by assessing the compatibility of proposed costs with proposal scope and effort. For cost (Price) to be realistic, it must reflect what it would cost the offeror to perform the effort if the offeror operates with reasonable economy and efficiency. Proposals unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion. Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches or conditions are the basis for an unbalanced/inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of cost (Price) realism rests solely with the offeror.

3.6. Discounts: Prompt payment discounts will not be considered in the evaluation of offers. However, any offered discount will form part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

3.7. The 10% preference will be applied in accordance with FAR Clause 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

3.8. In the event the Government does not award a contract pursuant to this solicitation within (90) ninety calendar days after receipt of proposals and award will be made without discussions, the following will apply:

3.8.1. “The Government reserves the right to allow offerors to make an adjustment in their price proposals to allow pricing adjustments caused by fluctuating construction material market conditions. The Contracting Officer will notify Offerors, normally by electronic mail (email) of a common closing date for receipt of the adjusted price proposals. No additional proposal revisions will be allowed under these conditions. This does not constitute and shall not be construed as discussions.”

3.9. In the event the current prevailing Wage Determination is changed by the Department of Labor after the closing date of this solicitation, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. This does not constitute and shall not be construed as discussions if award without discussions is contemplated.

4. SUBCONTRACTING PLAN (Applicable to large businesses only)

4.1. In accordance with FAR 19.7, The Small Business Subcontracting Program, subcontracting plans will be evaluated by the Contracting Officer, or designated representative/agency, for acceptability using the criteria set forth in AFAR Appendix DD-Subcontracting Plan Evaluation Guide, https://webportal.saalt.army.mil/saal-zp/procurement/afars.doc. Subcontracting goals shall be consistent with National Guard Bureau Goals unless the inconsistency is well justified. To be acceptable, plans must adequately address the required statutory elements. In addition, the plan must provide sufficient information to enable the Contracting Officer to answer affirmatively questions A through H of the AFAR Appendix DD. To be acceptable, the plan must rate 70 points.

4.2. Due to the requirements for review and approval of the successful offeror’s subcontracting plan by the Contracting Officer prior to award, and the possibility of review requirements by other agencies, the Government reserves the right to negotiate the final plan with the apparent successful offeror. In accordance with Far Clause 52.219-9, Alternate II, failure to submit and negotiate a subcontracting plan shall make the offeror ineligible for award of a contract. Small Businesses are not required to submit a plan.

5. AWARD and DEBRIEFINGS

5.1. Award: A written award or acceptance of offer mailed, or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall be deemed to result in a binding contract without further action by either party.

5.2. Debriefings

5.2.1. Offerors excluded from the competitive range or otherwise excluded from the competition before award may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.505.

5.2.2. After award, unsuccessful offerors may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.506.

5.2.2.1. Written requests for debriefing will not be accepted by facsimile or email. Submitted means delivered to the Contracting Officer at the location indicated on the SF 1442 for receipt of proposals.

End of Section 00120

SECTION 00700 - CONTRACT CLAUSES

The following have been deleted:

252.236-7006 Cost Limitation JAN 1997

(End of Summary of Changes)