Section_L_and_M.docx

Section L

L.1 OFFER PREPARATION INSTRUCTIONS – GENERAL

L.1.1 Offers are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the offer shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number to the extent practicable.

L.2 COMMUNICATIONS CONCERNING THE SOLICITATION

L.2.1 All questions concerning this solicitation must be submitted to the Government via email to adrienne.y.bingham@usace.army.mil. Answers to questions will be provided via amendment and posted to www.fbo.gov .

L.3 OFFER PREPARATION INSTRUCTIONS –

L.3.1 Overall Arrangement of offer –The overall offer shall consist of four (4) volumes (Vols. I, II, III and IV) individually titled as stated below.

L.3.1.1. Offer Volume and Titles Volume I – Offer and Other Documents Volume II – Technical Offer Volume III – Past Performance Volume IV – Price Offer

L.3.2 Original and Copy requirements.

Volume I – Original Volume II – Original Volume III – Original Volume IV – Original

CD-ROM containing read-only versions of all volumes. In case of conflict between the CD version and the paper copy of the proposals submitted, the paper copy shall take precedence.

L.3.3 Page Limitation and Volumes:

L.3.3.1 Page Limitation:

Limitation

Volume I – Executed Standard Form and Representations and Certifications As Required

L.3.4 Contents and Formatting.

L.3.4.1 - VOLUME I - OFFER AND OTHER DOCUMENTS

Although Volume I may reference other volumes, it does not physically include the other volumes. Volume I has no specific page limitations or formatting requirements. Volume I must include:

L.3.4.1.1 Standard Form signed L.3.4.1.2 Offeror’s Representations and Certifications L.3.4.1.3 Copies of legal documents outlining joint ventures or partnering arrangements.

L.3.4.2 - VOLUME II - TECHNICAL OFFER

Volume II Technical Offer shall be in one section:

L.3.4.2.1 The offeror shall provide descriptive technical literature/specifications of proposed system. Offeror shall thoroughly describe the software proposed and all other services to be provided as part of the solution, such as the installation process, configuration process, and training to be provided.

L.3.4.3 - VOLUME III - PAST PERFORMANCE

Completed Past Performance Questionnaires should be submitted with your offer as required by RFQ Section L. Offerors shall not incorporate by reference into their offer PPQs previously submitted for other RFQs. This does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. 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 Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its offer. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your offer. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before offer closing date, the offeror should complete and submit with the offer 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, Robert J. Jones via email at Adrienne.Y.Bingham@usace.army.mil prior to offer closing date. Offerors shall not incorporate by reference into their offer PPQs previously submitted for other RFQs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Also include performance recognition documents received within the last 3 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s offer, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

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 Offerors shall also include a reference list of all the POC's who were sent a questionnaire. The POC list shall be submitted in Word for Windows Table Format to include the following fields: Solicitation Number, Offeror Company Name, Contract Number, Customer’s Name (that received your services), POC last name, first name, and POC Title. The responsibility to send 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. 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.

The Government wants to ensure timely contract award. To that end, Offerors are encouraged to submit Past Performance information before the solicitation close date to enable the Government to begin contacting references.

New Corporate Entities -- New corporate entities may submit data on prior relevant and recent contracts (within the last 3 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.

L.3.4.4 - VOLUME IV – COST/PRICE

L.3.4.4.1 Price

L.3.4.4.1.1 Complete pricing is required. The proposal must provide details of all costs associated with the proposal. Hardware and/or software shall be specifically identified with associated prices. All services shall be detailed to include, but not limited to, hourly rates and number of hours. Travel must be detailed to include, but not limited to, lodging, travel, meals, number of persons, number of nights, etc. All other direct costs must be specifically identified and price.

L.4 RESPONSIBLE PROSPECTIVE OFFERORS

L.5.1 The general and additional minimum standards for responsible prospective Offeror set forth in FAR 9.1 shall apply.

L.5.2 The Government may conduct pre-award surveys in accordance with FAR 9.106 and may solicit from available sources such as Dun and Bradstreet, relevant information concerning the offeror’s record of financial capability or past performance and use such information in making determinations of prospective offeror responsibility.

Section M - Evaluation Factors for Award

EVALUATION FACTORS FOR AWARD

M.1 GENERAL

M.1.1 Offers received in response to the Solicitation will be evaluated using the evaluation criteria set forth in Section M below. The offeror selected for award will be the responsible offeror whose offer is determined to be the Lowest Priced Technically Acceptable (LPTA) to the government considering technical, past performance, and price.

M.1.2 The offer preparation instructions contained in Section L are designed to provide guidance to offerors concerning the type and depth of information necessary to conduct an informed evaluation of each offer.

M.1.3 When the term “offeror” is used, it is defined as a single offeror, joint venture, or a team of offerors and major sub-contractors. Offers submitted under a formal partnering agreement or joint-venture must be accompanied by a copy of the legal document establishing such. Documentation shall be provided as provided in Section L.

M.2 EVALUATION CRITERIA

Offers will be evaluated using the following criteria, further described in Section M.2.2.

Factor I – Technical Factor II – Past Performance Factor III – Cost/Price

M.2.1 Evaluation Factors: Award will be made based on the Lowest Priced Technically Acceptable (LPTA) offer to the government considering technical, past performance and price. The LPTA process does not consider tradeoffs between price and non-price items.

Factor I – Technical:

Factor II – Past Performance:

Factor III – Price:

M.2.2 Evaluation Factor Criteria Descriptions.

M.2.2.1 – Factor I – TECHNICAL

All identified technical requirements must be met.

M.2.2.2 – Factor II - PAST PERFORMANCE.

The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its offer. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your offer. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the closing date, the offeror should complete and submit with the offer 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, Robert J. Jones via email at Adrienne.y.bingham@usace.army.mil prior to the closing date.

Offerors shall not incorporate by reference into their offer PPQs previously submitted for other RFQs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Also include performance recognition documents received within the last 3 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s offer, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror. 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 Government will focus its inquiries on the offeror’s (and major subcontractor’s) record of performance as it relates to all solicitation requirements, including cost, schedule, performance and management of subcontractors. Major subcontractors are defined as members of an offeror’s overall team who are expected to perform ten (10) percent or more of the proposed effort. A significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the evaluation process. Therefore, offerors will be reminded to include the most recent and relevant efforts (within the past three years) in their offer. The Government may use data provided by the offeror in its offer and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American Industry Classification System (NAICS) 811310 Commercial and Industrial Machinery and Equipment Maintenance and Repair. Data used in conducting past performance evaluations shall not extend past three years prior to the issue date of the RFP, but may include performance data generated during the past three years without regard to the contract award date. Offerors shall submit all Government and/or commercial contracts for the prime offeror and each major subcontractor in performance or awarded during the past three years, from the issue date of this RFQ, which are relevant to the efforts required by this RFQ.

The past performance factor considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract requirements. There are two aspects to the past performance evaluation: recent and relevant; and actual performance on similar work/contracts.

M.2.2.3 - Factor III – PRICE

i. The offeror's proposed prices will not be rated or scored, but will be evaluated for realism, reasonableness, and completeness. The purpose of the price evaluation will be to determine whether each offeror's proposed price is realistic and complete in relation to the efforts required under the solicitation and the efforts described in the offeror’s technical offer.

Price analysis will be accomplished in accordance with FAR 15.404-1 and will consist of evaluation all prices to determine the total evaluated price to support the selection of the lowest priced technically acceptable offer. This analysis is to ensure that costs are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the efforts described in the offeror’s technical offer.

M.2.3 Technical Factors Rating. The rating for Technical will be expressed as an adjectival assessment of Acceptable or Unacceptable in accordance with the ratings and descriptions in Table 1.

Table 1. Technical Acceptable/Unacceptable Ratings

M.2.4 Past Performance Evaluation Ratings. The rating for Past Performance will be expressed as an adjectival assessment of Acceptable or Unacceptable in accordance with the ratings and descriptions in Table 2.

Table 2. Past Performance Evaluation Ratings

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

Lowest Price Technically Acceptable -See Section M

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

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

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)