Q&A_Question_6_Clarification.pdf

QUESTIONS AND ANSWERS

CLARIFICATION

As of

02 February 2017

Question 6:

Can contracts provided in Sub-Factor 2 Technical Capability (Past Experience) and Factor 3:

Past Performance be performed by the subcontractor?

Answer 6:

Technical Capability – Yes, the offeror can submit subcontractor experience provided they meet the requirement outlined in the 52.212-2, paragraph 6.1.2 Sub-Factor 2 – Technical Capability (Past Experience) where it notes:

“The contract reference(s) combined shall demonstrate at least three (3) years of relevant corporate experience as the prime contractor on contracts awarded within the past five (5) years of proposal submission or still active.” If the offeror can demonstrate at least three (3) years (combined) of relevant corporate experience as a prime contractor on one or two of their contract references, the other reference(s) may include experience as a subcontractor.

Past Performance – There are no restrictions identified in the Addendums to 52.212-1 and 52.212-2 which restrict past performance to prime or subcontracts. Therefore, offeror’s may choose to submit past performance information as a prime contractor, subcontractor or both. As noted in the Addendum to 52.212-1, paragraph 7.10.1(ii) please indicate if your company was a prime contractor or sub-contractor for each contract reference.

Clarification Request

The questioner asks whether or not they can use the past performance of subcontractors (Question 6).

The way they asked the question was not clearly stated. Could you please clarify one of your answer?

Answer 6:

Technical Capability – Yes, the offeror can submit subcontractor experience provided they meet the requirement outlined in the 52.212-2, paragraph 6.1.2 Sub-Factor 2 – Technical Capability (Past Experience) where it notes:

“The contract reference(s) combined shall demonstrate at least three (3) years of relevant corporate experience as the prime contractor on contracts awarded within the past five (5) years of proposal submission or still active.” If the offeror can demonstrate at least three (3) years (combined) of relevant corporate experience as a prime contractor on one or two of their contract references, the other reference(s) may include experience as a subcontractor.

CLARIFICATION: For Technical Capability, no, past experience of subcontractors cannot be used.

Past experience of the 8(a) Offeror neither refers to nor includes the experience of its subcontractors.

The Offeror may submit its own experience as a subcontractor, provided it meets the requirement outlined in the 52.212-2, paragraph 6.1.2 Sub-Factor 2, and if it can demonstrate at least three (3) years (combined) of relevant corporate experience as a prime contractor on one or two of their contract references, the other reference(s) may include experience as a subcontractor.

Past Performance – There are no restrictions identified in the Addendums to 52.212-1 and 52.212-2 which restrict past performance to prime or subcontracts. Therefore, offeror’s may choose to submit past performance information as a prime contractor, subcontractor or both. As noted in the Addendum to 52.212-1, paragraph 7.10.1(ii) please indicate if your company was a prime contractor or sub-contractor for each contract reference.

CLARIFICATION: For Past Performance, yes, past performance of subcontractors can be used.

FAR 15.305(a)(2)(iii) notes that the Past Performance evaluation “…should take into account… subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.“ As such, subcontractor past performance may also be submitted, provided that the subcontractor will perform major or critical aspects of the requirement.

Offerors are reminded to detail their own past performance since 8(a) concerns cannot subcontract out more than 50% of requirements.

If an 8(a) offeror intends to subcontract, please note that FAR 52.219-14(c)(1) states “At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.” This means that the 8(a) concern must perform at least 50% of the requirement (in terms of cost of contract performance).