W912HP-13-R-0012-Amendment_3.pdf

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

The purpose of this amendment is to revise the PWS.

See Block 14 Continuation Page

The proposal due date is extended from 21 May 2013 to 29 May 2013 at 02:00 pm.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY 17-May-2013

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 W912HP-13-R-0012

X 9B. DATED (SEE ITEM 11)

16-Apr-2013

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 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

15-May-2013

CODE

US ARMY CORPS OF ENGINEERS, CHARLESTON

69-A HAGOOD AVENUE

CHARLESTON SC 29403

W912HP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HP-13-R-0012

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 3

No. Section Specific Change

1. Section I Revise section I to add FAR Clauses 52.212‐4(g) and FAR Clauses 52.236‐7. Add Phasing and billing information. Add the following note to Wage Determinations “NOTE: Offeror is advice to become familiar with PUERTO RICO LABOR AND EMPLOYMENT LAW and BID appropriately.”

2. Excel file: Replace ELINs Janitorial excel file for bidding purposes

Replace previously provided excel file ELINS 1503010 Janitorial with the attached file titled ELINS 1503010 Janitorial Rev 5‐2‐13

3. Part II, Replace ELINs Janitorial in documentation

Replace Janitorial ELINs “ELINS 1503010 Janitorial Edit 4_4_13.xlsx” on pages 448‐489/797 with the 52 printed pages from the ELINS 1503010 Janitorial Rev 5‐2‐13.pdf file.

4. Part II, Attachment J‐ 1503010‐03 ‐ Site Service Sheets Page 715‐751 of

Replace old site services sheets with new ones attached titled Site Services Sheets Rev 5‐2‐13

5. Part II, Section C 1503010

Replace Section C 1503010 with attached file titled “Section C 1503010 Janitorial Rev 5‐2‐13”

6. Part II, Attachment J‐ 1503010‐02 ‐ Janitorial Service Classes Page 711‐713 of

7. See Part I, Section C, Annex 1502000, Spec Item 3.1.1 Emergency Service Calls, Change first sentence to read, “Emergency calls responded to within one hour of receipt of call during Government regular working hours and two hours of receipt of call outside of Government regular working hours. (See Specification Item 0200000, Spec Item 2.2.1).”

No. Section Specific Change

Performance Standard:

8. See Part I and II, Section C, Specification Item 0200000, Spec Item 2.2.1 Government Regular Working Hours:

Add after the first sentence‐ “Government regular working hours include times in which facility is normally used to support military mission, which will include some weekends not to exceed two weekends per month”

9. Part I & II,

2.16.1.1 and

2.16.2.1 IDIQ

Preparation of Proposals and Page 373 of

10. Part I, Attachment J‐0200000‐07 Exhibit Line Item Numbers in Documentation

Add Facility Investment Services ELINS with the attached pdf file titled “ELINS 1502000 Facility Investment Services Amend 2 5‐15‐ 13” In Part I (Facility Investment Services), Section J, Attachment J‐ 0200000‐07, replace existing pages 4 of 122, 28 of 122, 52 of 122, 76 of 122, and 100 of 122 with the attached pages 4 of 122, 28 of 122, 52 of 122, 76 of 122, and 100 of 122.

11. Part II, Attachment J ‐ 1800000‐02

Replace Attachment J‐1800000‐02 Oil Water Separator Inventory with revised Attachment titled “Attachment J‐1800000‐02 Rev 5‐ 15‐13”

12. Part I, Section C 1502000, Spec Item 3.2.9

Replace all references to "UFC 3‐600‐02" with

"UFC 3‐601‐02".

13. Section M Evaluation Factors For Award Par C.

Project Key Personnel

Change “Project Superintendent” to “Site Safety and Health Officer”

14. Excel file: replace ELINs Facility Investment Services excel file for bidding purposes

Replace with: the attached file titled “ELINS 1502000 Facility Investment Services Amend v2 5‐16‐13.xls”

15. Section C 1502000 Para

3.2.4 “Emergency

Replace the fourth paragraph with “ Fuel tanks shall filled to at least 75% of capacity at the conclusion of each PM.

Additionally, the Contractor shall provide and deliver fuel for

No. Section Specific Change Generator emergency generators during periods of sustained operation within two days of notification by the government. The Contractor shall comply with all Federal regulations pertaining to fuel operations. The Contractor shall be reimbursement for the direct cost of fuel and delivery via CLIN 9013.”

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 9013 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

9013 1 Fuel for generator fuel tanks shall be filled to at least 75% of capacity at the conclusion of each PM. Additionally, the Contractor shall provide and deliver fuel for emergency generators during periods of sustained operation within two days of notification by the government. The Contractor shall comply with all Federal, State and local regulations pertaining to fuel operations. The Contractor shall be reimbursement for the direct cost of fuel and delivery. This CLIN shall not exceed $10,000 for the life of this contract without a modification by the contracting officer.

FOB: Destination

NET AMT

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 9013:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.236-7 Permits and Responsibilities NOV 1991

The following have been added by full text:

INVOICING PROCEDURES

The kickoff meeting will take place within five days of award. The Contractor will have from 19 June – 30 June 2013 for transition period. The Government will not pay for transition cost. The costs associated with Part I and II, Section C, Annex 0100000, Spec 1.8 shall be equally distributed over the 12 month period and invoiced 30 days after service, except when phasing of any services are identified in the initial base period.

Initial Base Period Phasing:

Services will begin 1 July for the following:

Facility Investment Services (Annex 1502000)

Invoicing for Facility Investment Services will begin 31 July 2013 for these services and continue for a total of 12 periods with the final invoice due 30 June 2014.

The remaining services shall not start until 1 August 2013:

Janitorial (Annex 1503010) Refuse (Annex 1503030) Grounds (Annex 1503050) Environmental (Annex 1800000).

The invoices for these remaining services will begin 31 August 2013 and the last invoice will be due 30 June 2014. Since this is only a period of 11 months, the costs shall be pro-rated for 11 months and distributed equally for invoicing.

Invoicing instructions will be provided per task order for the IDIQ requirements of the contract.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

The following have been modified:

WAGE DETERMINATIONS

See Section J attachment J-0200000-02 in Part I and Part II of the RFP Adobe File title “Facility Investment and Municipal Services Package. PDF”

NOTE: The Offeror is responsible for being familiar with PUERTO RICO LABOR AND EMPLOYMENT LAW. All cost should be addressed in the proposal.

SECTION M - EVALUATION FACTORS FOR AWARD

The following have been modified:

EVALUATION FACTORS FOR AWARD

M.1. BASIS FOR AWARD

a. Evaluation and Selection Procedures. The tradeoff process has been determined as appropriate for this acquisition. In accordance with the Federal Acquisition Regulations (FAR), the Government may award the resulting contract to other than the lowest priced or highest technically rated offer. IAW FAR 15.101-1

b. The Government intends to evaluate proposals and award a contract without conducting discussions with offerors. Therefore, Offerors are reminded to include their best technical and price terms in their initial offer and not to automatically assume there will be an opportunity to participate in discussions or submit a revised offer.

Exception to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) may result in rejection of a proposal.

c. Proposals must meet the criteria stated in the RFP in order to be eligible for award, to include responsiveness and technical acceptability. The evaluation of technical capability will be accomplished without reference to cost. Offerors are advised that subjective judgment on the part of the Government evaluators is implicit in the entire process.

d. The Government reserves the right to conduct discussions if the Contracting Officer deems it necessary.

In addition, 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. Should a competitive range be established, the Government will conduct discussions in accordance with FAR 15.306.

e. Award will be made to the offeror whom the Government determines will be able to accomplish the necessary work in the manner most advantageous to the Government and whose offer represents the best value to the Government, as determined by the Source Selection Authority (SSA) after considering all factors. Best value means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

f. The Government reserves the right to accept other than the lowest priced offer(s), and to reject any and all offers.

M.2. TECHNICAL EVALUATION FACTORS. The technical factors being evaluated are listed below. All offeror’s proposals will be evaluated for technical quality and assigned an adjectival rating based upon the criteria set forth herein. Past Performance will be assigned a Performance confidence assessment.

Factor 1 – Corporate Experience Factor 2 – Past Performance Factor 3 – Management and Technical Approach

An unacceptable rating in one or more of any of the technical evaluation factors may result in an overall rating of unacceptable.

Proposals that do not meet the minimum criteria for Factor 1, Corporate Experience, will not be evaluated any further and will not be eligible for award.

FACTOR 1 – CORPORATE EXPERIENCE

Offerors shall demonstrate recent, relevant experience on similar contracts using the provided Attachment, CORPORATE EXPERIENCE CONTRACT INFORMATION SHEETS”. Contracts will be considered similar to this procurement if they are similar in nature, size, scope, and complexity as the work required by this solicitation.

Contracts which do not meet the minimum criteria stated below SHALL NOT be considered for award.

Minimum Criteria:

(1) Contracts submitted by the Offeror shall have a total contract value of no less than Seven hundred and fifty Thousand ($750,000) per year.

(2) Contracts submitted by the Offeror shall have a completion date within 5 years prior to the date of this solicitation.

The information presented in the Offeror’s submittal, together with that from other sources available to the Government, will comprise the input for evaluation of this factor.

1. Corporate Experience Submission Requirements.

a. Offerors shall submit at least three (3), but no more than five (5), Contract Information Sheets for contracts completed, or if not completed, in progress for not less than two (2) years, that reflect specialized experience in the services elements referenced in this solicitation. The examples should be as similar as possible to this solicitation in type and scope. See attached Sample Contract Information Sheet provided at the end of this Section for project data to be included as a minimum.

b. For the purpose of this RFP, if the Offeror represents the combining of two or more companies in a Contract Team Arrangement, as defined in FAR Part 9.6, each company shall list contract examples. Example contracts must have been completed, or if not completed, in progress for not less than two (2) years. The experience of individuals will not be credited under this factor.

c. Offeror-proposed team arrangements as defined above and company relationships shall be fully disclosed in the proposal. For reference and evaluation purposes the Offeror shall identify the major or critical aspects to be performed by those identified in the Contractor Team Arrangement.

2. Corporate Experience Evaluation Criteria.

a. The Government will evaluate the depth and breadth of the Offeror’s corporate experience on projects that were similar in nature, size, scope, and complexity as the work required by this RFP. Completed CONTRACT INFORMATION SHEETS shall be used as a basis to begin the evaluation of this factor. The Government will review the example contracts provided by the Offeror to evaluate and rate the corporate experience of the Offeror in similar contracts; this will include the experience of identified parties of Contractor Team Arrangements. The example contracts should closely resemble the scope, size, and complexity of the requirements identified in this solicitation. If the Offeror cannot provide suitable relevant experience and the evaluators consider that the information provided indicates that the Offeror has no relevant experience, a determination will be made as to the risk this lack of corporate experience presents to the Government and the proposal will be evaluated accordingly. The submission must contain a narrative that clearly explains the relevance of the submitted information concerning a company that is part of a Contract Team Arrangement. The Government will consider the adequacy of this explanation in deciding the relevance and weight of the information to this procurement. The Government may place greater importance on contracts performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy of the contract. Federal Government contract experience will not be rated inherently more important than non-Federal Government project experience.

b. The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Past Performance Information Retrieval System (PPIRS), other DOD or Government appraisal systems or by contacting owners or references. The Government may check any or all cited references to verify supplied information.

c. The relevant experience of key personnel proposed for this project will not be evaluated or considered under this factor.

d. If the Offeror cannot provide information concerning recent, relevant experience on similar contracts or the Offeror has no relevant experience, the Offeror will not be considered for the solicitation.

FACTOR 2 – PAST PERFORMANCE. Offerors shall clearly demonstrate a history of past performance on relevant contracts, performed within the past five years, of similar scope, complexity and size in performing work suitable for this requirement using the Past Performance Information sheet (Attachment 3) provided at the end of this Section. Past performance information submitted under this factor shall be on the same contracts submitted for consideration under Factor 1, Corporate Experience.

1. Past Performance Submission Requirements.

a. The contractor shall complete and provide a Past Performance Information Sheet on three (3) contracts, but no more than five (5) contracts, which meet the criteria described in Factor 1 above. The submission of each Past Performance Information Sheet shall not exceed two pages. The Offeror shall provide clear and adequate information in response to the past performance elements identified on the Attachment Include Contractor Performance Assessment Rating System (CPARS) performance evaluation ratings, if available. For projects which were performed for other government entities, submit the performance appraisal sheets used by that government entity if available. Also include performance recognition documents received for the Factor 1 projects such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. The Government may call and confirm information provided by the offeror on the Past Performance Information Sheet with the points of contact. The Government reserves the right to interview other individuals if the point of contact is not available.

b. The offeror shall complete Part 1 of the provided Past Performance Questionnaire (Attachment 4) and email/mail the questionnaire to at least two (2) points of contact (POCs) per contract including the Contracting Activity and the Technical Representative responsible for the past/current contract. Offeror shall ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with the proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact via email, no later than the date specified in the “Instructions to Offerors” section of the solicitation. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

c. The offeror may also include performance recognition documents received within the last 5 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

d. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. The responsibility to send out and track the completion of the Questionnaire rests solely with the Offeror and shall not be delegated to any subcontractors, team contractors, or joint venture partners.

e. Offerors shall include in their proposal the written consent of the proposed subcontractors to allow the Government to discuss the subcontractors’ past performance evaluation with the offeror during any discussions. The Government will verify/ validate information on both prime and subcontractors that an offeror provides in its proposal. It is the offeror’s responsibility to contact each reference to: 1) obtain authorization to release the information identified in the past performance submission and 2) provide authorization to the references to release performance information to the Government.

f. New Corporate Entities. New corporate entities may submit data on prior relevant and recent contracts (within the last 5 calendar years) involving its officers and employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Past performance information on work for state and local governments, private sector clients, and subcontractors that are similar to the Government requirement will be evaluated equally with similar federal contracts. Offeror may submit information on key personnel, major subcontractors, and work performed as part of a team or joint venture and other previous reincarnation of its current organization.

g. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

h. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

i. Other Sources. The Government may contact sources other than those provided by the Offeror for information with respect to past performance. These other sources may include but are not limited to: PPIRS, other Government sources, and telephone interviews with organizations or individuals familiar with the Offeror’s performance. PPIRS ratings on all relevant contracts submitted by the Offeror under Factor 1 as well as up to 10 PPIRS ratings on contracts considered relevant in accordance with Factor 1 will be considered.

2. Past Performance Evaluation Criteria.

a. The Government will evaluate the Offeror's past performance using the sources available to it including but not limited to: the example contracts identified by the Offeror and submitted on the Past Performance Information Sheets, the Past Performance Questionnaire, any additional information received from references, and PPIRS. Offerors may be provided an opportunity to address any negative past performance information about which the Offeror has not previously had an opportunity to respond if such information is determined to present an impact on the rating to be assessed.

b. To be deemed relevant, projects must comply with criteria specified herein. Contracts will be considered similar to this procurement if they are similar in nature, size, scope, and complexity as the work required by this solicitation. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The Government places higher value on projects for which successful performance can be validated by means other than the offeror’s self-assessment such as through independent telephone interviews with points of contact identified in the proposal, PPIRS or other agency performance databases, Offeror furnished references or personal knowledge.

c. The Government will evaluate past performance based on the elements listed below:

1. Quality of Services. The Government will evaluate all information available with respect to the quality of the actual services undertaken and the standards of workmanship exhibited by the Offeror.

2. Schedule/Timeliness of Performance. The Government will evaluate all information available with respect to the completion of projects within the scheduled completion times.

3. Customer Satisfaction. The Government will evaluate all information available with respect to customer satisfaction, cooperation with customers, and interaction on past projects.

4. Subcontractor Management. The Government will evaluate all information available with respect to effective management of subcontractors on past projects.

5. Safety. The Government will evaluate all information available with respect to the contractor’s safety program or efforts.

d. If the Government does not obtain past performance information for the projects identified by the Offeror and cannot establish a past performance record for the Offeror through other sources, past performance will be rated neither favorably nor unfavorably.

FACTOR 3 – MANAGEMENT AND TECHNICAL APPROACH. The offeror shall clearly demonstrate its understanding of current industry standards, policies, procedures, and processes utilized in accomplishing the complexity and magnitude of service requirements set forth in the performance objectives and standards of the Performance Work Statement. Factor 3 will be evaluated as an overall factor with no sub factors. The following elements will be evaluated:

1. Management and Technical Approach Submission Requirements.

a. Overall Narrative: Ensure that questions below are fully addressed. For clarity of the Technical Proposal, the Contractor should restate the question/inquiry in bold with the specific answer following. The offeror shall provide a brief narrative addressing the below topics.

1) Identify the risks expected to be encountered under the performance objectives and standards of this solicitation and how the management and technical approach will mitigate those risks.

In addition to the questions above your technical approach should address the following questions:

Spec Item Janitorial Services, Specification 1503010

3.1.1 2) What type of cleaning products will you be using?

3.1.2 3) What type of floor cleaning, waxing products and equipment will you be using?

3.1.3 4) What type of restroom supplies (toilet paper, paper towels, soap) and products will you be providing (e.g. recycled products)?

3.1.3 5) What type of cleaning products will you be using? (These are the products the Contractor leaves for the use of the occupants.)

Spec Item Pest Control, Specification 1503020

2.3 6) Does the Contractor Work Plan (CWP) describe the tools to be used for pest surveillance (such as sticky traps, flashlights, flushing agents, light traps, etc.) and the techniques to be used for pest identification?

2.3 7) Does the CWP propose pest control procedures that follow the principles of Integrated Pest Management

(IPM) and reflect current industry practices?

Spec Item Pest Control, Specification 1503020 (continued)

2.3 8) Does the CWP provide examples of non-chemical methods that will be used to control pests (such as caulking, sealing cracks, etc.)?

2.8.2 9) Does the CWP specify that pest control records will be kept electronically for reporting requirements?

2.8.2 10) Is the Contractor's computer equipment capable of running Microsoft Excel (1997 or later version) and permitting data to be saved to electronic media (e.g. diskette, CD, e-mail attachment, etc.) for monthly electronic reporting to the KO?

Item Refuse Collection and Recycling, Specification 1503030

3.1 11) Describe your proposed vehicles and equipment (e.g., leased or owned, how many, age, and status).

Spec Item Questions for Facility Investment, Specification 1502000

How will incoming work be received, assigned to an employee, scheduled, etc., without adversely impacting existing, uncompleted work?

What is your plan to ensure personnel have the necessary training and certification to accomplish the specialty work requirements specified in this Annex (e.g., fire protection, VTE, security systems, cathodic protection systems)?

How do you propose to ensure this training and certification is maintained current?

What automated system, if any, do you propose to implement to manage your PM program and IMP and to maintain SRM data and reports? How will this CMMS interface with Government owned software?

3.2 In summary, what is your proposed Preventive Maintenance (PM) program? Include an example of your PM program for a function (e.g., emergency generator systems) that is indicative of the detail that will be applied to your entire program.

3.2 Explain how your PM program incorporates an optimized approach to maximize useful life of equipment while still being economical (i.e. not gold-plated)?

3.2 12) Where do you plan to dispose of collected waste (e.g., which landfill)?

3.3 13) How do you plan to maintain your equipment and containers in a clean, sanitary condition and minimize foul odors?

3.4 14) Describe your proposed containers (e.g., leased or owned, how many, age, and status).

Item Grounds Maintenance, Specification 1503050

3.1 15) What, if anything, will you do differently to maintain more difficult areas such as prestige areas?

3.1 16) How will you determine when and what type of fertilization is needed?

3.1.2 17) How will you determine when irrigation is needed?

3.1.2 18) If the irrigation system is inoperable or there is no permanent irrigation system installed, what is your plan for irrigating?

3.1.5 19) What will be your frequency to maintain plants and beds?

3.1.5 20) How frequently will you mulch and what type of mulch will be used?

3.1.6 21 What will be your trimming clearance set back and frequency for the following?

- to prevent interference with pedestrians

- to prevent interference with vehicular traffic

- to prevent interference with building encroachment

b. Management Plan: The Offeror shall submit a Management Plan showing how the Offeror will control the performance of work provided under the project. The plan shall address the offeror’s ability to inspect, repair and monitor the equipment and systems required by the RFP. The plan shall also include discussion of the offeror’s quality control in performance of the requirements described on the RFP and performance during weekdays, weekends, and holidays when applicable. The Management Plan shall include the key subcontractors and the extent of their role with respect to this project. For each subcontractor, the prime contractor’s experience working with that sub should be indicated and the subs past experience in work similar in nature to the project being evaluated should be submitted. Only one subcontractor will be identified for each major portion of work.

c. Project Key Personnel: Provide the names, condensed resumes, and levels of responsibility of the principal managers and technical personnel who will be directly responsible for the day-to-day activities. Include, as a minimum the following:

Project Manager

Quality Control Manager

Site Safety and Health Officer

Indicate whether each individual has had a significant part in any of the project examples cited. If reassignment of personnel is considered possible, provide the names and resumes of the alternative professionals in each assignment.

d.. Organizational Chart: Submit an organizational chart that demonstrates the relationships and interaction between each of the key personnel and contractual arrangements between prime and proposed subcontractors

2. Management and Technical Approach Evaluation Criteria.

a. The Government will evaluate and rate the Offeror’s management and technical effectiveness based on its understanding of current industry standards, policies, procedures, and processes utilized in accomplishing the complexity and magnitude of service requirements set forth in the performance objectives and standards of the Performance Work Statement. The Management Plan will be evaluated based on the Offeror’s technical and management effectiveness and control of project requirements. The Government will evaluate and rate the Project Key Personnel identified. The resumes and levels of responsibility of the principal managers, technical personnel who will be directly responsible for the day-to-day activities will be evaluated Data should indicate whether each individual has had a significant part in any of the project examples cited. If reassignment of personnel is considered possible, the names and resumes of the alternative professionals for each assignment will be evaluated. Additional consideration will be given to individuals who have past experience with Corps of Engineers project operations.

M.3. TECHNICAL FACTOR RATINGS. Technical factors will be…