PRESOL | Z | Grounds Maintenance Services - Past Performance Questionnaire

FBO DAILY ISSUE OF MARCH 16, 2012 FBO #3765
SOLICITATION NOTICE

Z -- Grounds Maintenance Services - Past Performance Questionnaire

Notice Date: 3/14/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 561730 — Landscaping Services
Contracting Office: Department of Labor, Mine Safety and Health Administration, Acquisition Management Branch (WV), 1301 Airport Road, Beaver, West Virginia, 25813-9426
ZIP Code: 25813-9426
Solicitation Number: 464-12MR-2934
Archive Date: 4/18/2012
Point of Contact: RHONDA SIZEMORE, Phone: 304-256-3538
E-Mail Address: sizemore.rhonda@dol.gov
(sizemore.rhonda@dol.gov)
Small Business Set-Aside: Total Small Business
Description: Service Contract Act Wage Determination Past Performance Questionnaire This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is 464-12MR-2934 and is issued as a request for proposals. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-56. This is a total small business set aside with an associated North American Industrial Classification System (NAICS) code of 561730, Landscaping Services with a small business size standard of $7.0 million. COST/PRICE SCHEDULE CLIN ITEM DESCRIPTION QTY.UNIT UNIT PRICE TOTAL Base Period (April 16, 2012 - April 15, 2013) 001 Grounds Maintenance 26 EA $ $ Services Option Period 1 (April 16, 2013 - April 15, 2014) 1-001 Grounds Maintenance 26 EA $ $ Services Option Period 2 (April 16, 2014 - April 15, 2015) 2-001 Grounds Maintenance 26 EA $ $ Services Option Period 3 (April 16, 2015 - April 15, 2016) 3-001 Grounds Maintenance 26 EA $ $ Services Option Period 4 (April 16, 2016 - April 15, 2017) 4-001 Grounds Maintenance 26 EA $ $ Services A site visit is scheduled at the Approval & Certification Center for Tuesday, March 20, 2012 at 10:00 a.m. EST. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Performance Work Statement Grounds Maintenance Services at the Mine Safety & Health's Approval & Certification Center Triadelphia, WV Introduction: The U.S. Department of Labor, Mine Safety and Health Administration (MSHA) is seeking grounds maintenance services to maintain the facilities at its Approval and Certification Center located at 765 Technology Drive, Triadelphia, WV, 26059. The Approval and Certification Center, located in Ohio County, West Virginia, is approximately 55 miles from Pittsburgh, PA, 60 miles from Morgantown, WV, and 10 miles from Wheeling, WV. This requirement defines the services that will be required on the campus of the Approval & Certification Center located at 765 Technology Drive, Triadelphia, WV. The schedule for mowing activities is included but may vary depending upon conditions. The government will provide notice to the contractor if such variation is necessary and the subsequent impact to the remainder of the schedule. Mine Safety & Health Administration Approval & Certification Center 765 Technology Drive Triadelphia, WV 26059 1. CONTRACT PERIODS 1.1. The contract period will consist of one (1) base year and four (4) option years. The government anticipates the following period of performance: Base Year: April 16, 2012 - April 15, 2013 Option Year 1: April 16, 2013 - April 15, 2014 Option Year 2: April 16, 2014 - April 15, 2015 Option Year 3: April 16, 2015 - April 15, 2016 Option Year 4: April 16, 2016 - April 15, 2017 1..2. Mowing operations will preferably be conducted during the days of Friday through Sunday, weather permitting. Mowing/Trimming operations can begin as early as 7:00AM and continue to 8:30 PM Monday - Friday and begin as early as 8:00AM and continue to 3:00PM Saturday - Sunday when safe conditions exist. The exact mowing limits will be clarified at the pre-work conference. 1.3. The contractor is required to attend a pre-work conference prior to the commencement of work for each contract option year. The purpose of the meeting will be to review the contract, review safety requirements, and schedule equipment inspections. Insurance requirement will be verified upon award. The meeting will be held prior to the commencement of the first spring mowing cycle and shall take place at the Approval & Certification Center at a time mutually agreeable to the contractor and the COR or his/her representative. 2. SCOPE OF WORK 2.1. The contractor shall provide all necessary labor, materials, supplies (including Personal Protective Equipment - PPE), equipment, fuel, vehicles, management, and quality assurance for the mowing services at the Approval & Certification Center for areas designated during the pre-work conference. 2.2. The schedule for mowing services is defined below and on the schedule identified as Attachment A. The schedule provided reflects the anticipated mowing cycles required. The Government reserves the right to adjust the schedule based upon the effect of local weather and water conditions on grass growth. Notification of schedule adjustments will be verbally at least three (3) days prior to the beginning of a mowing cycle. Schedule adjustments may result in an increase or a reduction in quantities, see Section 9. 2.3 Mowing and trimming areas shall be performed in one continual operation. The order of areas to be mowed will be dependent on safe working conditions pertaining to wet grass and/or employee foot/vehicle traffic. 2.4. Should inclement weather or other circumstances delay the onset or the completion of mowing requirements, the contractor shall contact the Operations Manager to determine the priorities of mowing areas or rescheduling possibilities. In most circumstances the government will prefer rescheduling to complete the work. No payment will be made to the contractor for uncompleted work due to rain or other circumstances either within or outside the contractor's control. Areas partially mowed or not meeting the specification may be paid on a percent-completed basis. The government shall estimate percentage completed. 2.5. The contractor shall provide daily status reports via phone or email during mowing activities to the Operations Manager or his representative indicating a completion status of mowed facilities. 2.6 Mowing services will be performed according to the schedule located in Attachment A. It is the government's intention for the mowing cycle to begin on the start date identified, but that date may be adjusted by the government if conditions dictate. Regular mowing cycles shall be completed within 4 days of the start of the mowing cycle unless otherwise approved (see Section 3.4). Regular mowings are generally performed in areas as identified during the pre-work conference. Grass shall be cut to a smooth appearance to a height not less than 2 inches and not greater than 3 inches. Edging around fences (10 foot on both sides), buildings, sidewalks, driveways, landscape timbers/stones/masonry, steps, signs, etc will be required. All trimming around directional, informational, traffic control and other signs will be flared where applicable to provide appropriate viewing upon approach. Weed trimmers may be used but care must be taken to avoid damage to trees, shrubs, sign posts, etc as described Section 3.2. Metal cording will not be used. The contractor is responsible for picking up all sticks, litter, driftwood, cans, plastics, rocks, etc in the mowing areas. Under no circumstances will visible thatch be allowed to remain in areas following mowing activities. Thatch shall be collected and removed prior to the contractor's departure from the area. Visible thatch left after mowing in areas will be removed or spread to prevent an unsightly brown appearance. All thatch that is raked or removed will be disposed of as directed by the Operations Manager. All acreages listed as a part of this contract (Attachment B) are estimates and do not include acreages for mowing road berms. All berms must be mowed to no less than 42 inches on each side of access driveways or to the accepted ditch line, whichever is less, entering areas and includes trimming around signs and guard rails where appropriate. 3. GENERAL 3.1. A flail, sickle bar or rotary type mower may be used for mowing as appropriate.Tractor mounted and other rotary type mowers will be equipped with operable guards, safety chains, or other protective devices to prevent flying stones, sticks, etc from striking persons and/or damaging property. Mowers must have slides or wheels which will prevent tearing or plowing into turf; tractors must be operated in a manner that will prevent their wheels from tearing turf on turns. Each mower pass will overlap the previous pass so that no strips or patches of uncut vegetation will result. Mowing with heavier equipment will not be permitted when the ground is so wet that the mowing operations will cause wheel rutting. In areas of wet ground, the contractor will use small push type mowers or weed trimmers. 3.2. Special care will be exercised to avoid damaging trees, shrubs, private property, buildings, or other facilities during the mowing or trimming operations. The contractor will repair or have repaired any damage to government facilities resulting from the contractor's failure to exercise reasonable care in the performance of work. If the contractor fails or refuses to repair any such damage promptly the contracting officer may have the necessary repairs performed and charge the cost thereof to the Contractor. The contractor shall exercise extreme care in the vicinity of all parking areas and protect all employees/visitors from injury and their property from harm and/or damage. The contractor shall coordinate directly with the claimant to resolve such private claims for damage. 3.3. The contractor shall remove ALL grass clippings from paved roadways, pedestrian ways, sidewalks, drainage grates/troughs, and parking lots resulting from mowing activities prior to departing the specific area. All obvious litter within the mowing limits will be picked up by the contractor before mowing and deposited in dumpsters provided at the project. 3.4. The contractor shall maintain an on-site representative with the authority to address daily issues concerning the contract. This person will interact directly with the Contracting Officer's Representative or his designee in matters relating to the day to day administration of the contract. A meeting will take place at the beginning of each mowing cycle to resolve any problems with the past cycle and to review the work schedule for the current cycle. 4. CONTRACTOR PROVIDED MATERIALS AND RESPONSIBILITIES 4.1. The Contractor shall provide all fuel, mowing, trimming, and transportation equipment required to perform the services of this contract. All equipment will conform to State and Federal licensing and safety regulations. The government will not furnish any type of transportation, pay transportation related expenses, or pay mileage. 4.2. The contractor shall name a person responsible to provide quality assurance of completed work. It is the responsibility of the contractor to ensure that mowing services are completed in accordance with the specifications. 4.3. The use of on-site fuel storage tanks is permitted at locations determined by the government. If storage tanks are utilized, they must be provided by the Contractor and must be in compliance with Section 9 of EM 385-1-1 (see Section 7. Safety) and all State and Federal requirements. Only above ground storage tanks will be permitted. Storage containers 30 gal or greater must be reported to the State Fire Marshall. Tanks larger than 250 gallons are prohibited. Releases of fuel will be immediately reported to MSHA and WV DEP. 5. GOVERNMENT PROVIDED MATERIALS 5.1. The Government shall provide a designated space within a fenced compound for fuel and equipment storage and for maintaining equipment if desired by the contractor. The storage area will be available to the contractor as long as the area is kept in a clean and neat. Unused equipment will be removed from government property. 5.2 Keys will be provided by the Government for executing the duties of this contract as defined in Section 8. 6. SAFETY 6.1. The contractor shall provide Mine Safety & Health Administration with a written accident prevention plan and activity hazard analysis plan no less than fourteen (14) days prior to commencement of work. All safety plans must be acceptable to the government before work commences. 6.2. The contractor shall abide by all OSHA Regulations and submit all reports required therein to the manager. 6.3. Contractor shall designate an employee responsible for overall supervision of accident prevention activities. Such duties shall include: assuring applicable safety requirements are incorporated in work methods, and inspecting the work to ensure that safety measures and instructions are actually applied. 6.4. All tractors and lawn mowing equipment will meet the seat belt and Roll Over Protection Structures (ROPS) requirements identified by their manufacturer and OSHA standards. 6.5. Equipment to be used at the A&CC by the contractor shall be inspected by Government personnel at the work site prior to the start of each contract year. Any additional or replacement equipment will be inspected by Government personnel before being placed into service. All machinery is to be mechanically sound, in good state of repair, and in compliance with all safety standards. Mower guards are not to be removed from mowing equipment or made inoperable at any time. The Government reserves the right to re-inspect any equipment at any time in the course of the contract. 6.6. Equipment found to be unsafe will be removed from service until appropriate repairs and/or safeguards are instituted. All applicable safety regulations as set forth in all OSHA standards will be required. All injuries to employees/visitors or damages to property, Government or private, will be reported immediately to the COR. 6.7. The contractor shall observe all speed limits and other posted safety signs while operating vehicles and equipment. Trucks or other vehicles will be operated in a safe manner and will not be parked in unsafe positions. 7. SECURITY 7.1. Locks to access gated or secured project facilities will be opened by the Government for execution of this contract. At no time will keys be issued or lent to the contractor. 7.2. Employees. 7.2.1. All contractor employees working on this contract must be citizens of the United States of America, be an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card, Form 1-151, or present other evidence from the INS that employment will not affect his/her immigration status. 7.2.2. All persons hired by the contractor during the course of the contract must be at least 16 years of age and must possess a valid driver's license. The contractor shall insure that the on-site representative is able to communicate in the English language. 7.2.3. The contractor and all contract employees shall be subject to the rules and regulations provided in Title 36 of the Code of Federal Regulations, Section 327, during the performance of the contract. 7.2.4. The contractor and employees shall not use or be under the influence of drugs or alcohol at any time while performing the obligations of this contract. During an on duty status, the contractor and contractor representatives must hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations governing U.S. Department of Labor property and facilities. Unacceptable behavior, deemed so by the Operations Manager, that brings discredit to the Government or the contractor may be grounds for dismissal of the employee or termination of the contract. 8. QUANTITIES 8.1. All quantities listed as part of this contract are estimates and may vary. Variations in estimated quantities shall not be justification for modification of the contract or request for additional payment. 8.2. The line item quantities provided reflect those anticipated and are not guaranteed. The Government reserves the right to decrease or increase line item quantities based on actual need and funds availability. 8.3. The contractor shall not be reimbursed for services which might be less than originally estimated. Variations in quantities of less than or equal to 50% based on total contract cost will preclude any adjustment in the contract amount. 9. PAYMENT 9.1 Payment for services under this contract will be processed upon receipt of an invoice at the end of each completed cycle summarizing completed activities. No payment will be made for services not provided. All services provided during a mowing cycle will be invoiced for that cycle period. All invoices shall include: Contractor name and address, exactly as it appears on the contract Contract number Date of invoice submission Invoice number Unit Cost Invoice total 9.2. Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall be re-dated to reflect the new submission date. 9.3. Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the Contractor shall be notified of the correct recipient. Invoices will be processed electronically for payment. VIA Post Mail: U.S. DOL MSHA Approval & Certification Center 765 Technology Drive Triadelphia, WV 26059 ATTN: Dave DiegmillerVIA Electronic Mail: Diegmiller.david@dol.gov 10. INSPECTIONS, DEDUCTIONS, DEFAULT 10.1 Inspections 10.1.1. At the end of each working day the contractor shall report all work completed. Status report information may be provided via phone, email, or in writing to the contract COR or his designee. This information will be used for quality assurance inspections. 10.1.2. Inspections will be accomplished by Government personnel using a sampling method of inspection based on reported completed mowing. The frequency of inspection will vary from 25 % to 100% of the work accomplished. 10.2. Deductions 10.2.1. All work shall be performed in an orderly manner as directed in the contract. If services are found to be defective in workmanship or otherwise not in conformance with the specifications and requirements, the government will have the right to reject such service. If time permits, the work shall then be re-performed in accordance with contract specifications without additional cost to the Government. 10.2.2. Work which cannot be corrected in a timely fashion will be deducted from the contractor's pay estimate. Deductions for partial work will be made on the basis of work accomplished. Further, the contractor may be responsible for the cost of the Government to perform the service with its personnel and equipment or that of another contractor. 10.2.3. Damage to Government facilities should be avoided. Any damage to Government facilities deemed to have been caused by contractor negligence will be, (1) corrected in a timely fashion by the contractor; (2) Corrected by Government forces or another contractor and deducted from the contractor pay estimate; or (3) settled in an appropriate and timely fashion through the contractor's insurance carrier. 10.3. Default of the contract will be considered for various reasons relating to non performance of the contractual specifications. Following is a partial listing of reasons for which default may be considered. a. Repetitive pay deductions for non performance b. Repetitive safety violations c. Excessive occurrence of damage to Government or private property Acreage Information All acreages are estimates from GIS aerial photography and do not include acreages for mowing road berms. The exact mowing limits will be clarified at the pre-work conference. Grounds Maintenance Services Approval & Certification Center Acreage Area Mowing Class Buildings 1/8 Grounds 10 Regular Building 2 Grounds 2 Regular Buildings 3/5 Grounds 3 Regular Buildings 4/6/7/9/11 Grounds 1 Regular TOTAL REGULAR ACRES 16 QUALITY ASSURANCE SURVEILLANCE QUALITY ASSURANCE SURVEILLANCE PLAN Task Order Title. Mowing Services, Approval & Certification Center Work Requirements. Section 1.0 Contract Periods Section 2.0 Scope of Work Section 3.0 General Section 6.0 Safety Primary Method of Surveillance. The success of the mowing services shall be determined through field inspection and approval by the COR. The COR, or his authorized representative shall inspect the mowed areas either: (1.) upon the completion of each area or (2.) upon the completion of each cycle. Inspections will be accomplished by Government personnel using a sampling method of inspection at a minimum of 50% of mowed areas up to 100% of the mowed areas to determine that the performance work statement has been met to include: grass mowed to the proper height, all trimming has been completed (including fenceline), berm mowing completed, no clippings on the roadway, parking areas, drainage grates/troughs, and pedestrian walkways/sidewalks, and no remaining thatch. Scope of Performance. The contractor shall provide all necessary labor, materials, supplies, equipment, fuel, vehicles, management, and quality assurance for the mowing services at the Approval & Certification Center, in accordance with the specifications contained herein. Approximately 16 acres are designated as the total area in which mowing services are to be conducted through the implementation of mowing cycles. Areas listed in the inventory represent the maximum possible to be mowed. These areas may be reduced or eliminated per cycle as necessary based on conditions or need. Performance Standards. The mowing cycles shall commence, following the contract award according to the schedule as described in Attachment A of the PWS. Acceptable Quality Level (AQL). The AQL for this project is 95%of all areas mowed within specifications as described in Sections 2.0 and 3.0 Evaluation Method. The success of the mowing services shall be determined through field inspection of at least 50 % of mowed areas up to 100% of the mowed areas and approval by the COR. Based on visual inspection, the inspector will verify that the requirements in the PWS are met to include: grass mowed to the proper height, trimming has been completed, berm mowing completed, no clippings on the roadway,parking areas, and pedestrian walkways/sidewalks, and no remaining thatch. The COR shall inspect the mowing areas either: (1.) upon the completion of each area or (2.) upon the completion of each cycle. Areas not meeting the requirements will be documented and presented for reoccurrence of services. If any deficiencies are noted in the 50% inspection, the remaining 50% will be inspected to insure full compliance. Incentives (Positive and/or Negative) If the mowing services do not result is satisfactory completion of the performance work statement the contractor shall be required to correct the services to the standards as required within the PWS at no additional charge to MSHA. The following positive incentives apply: If requirements are met satisfactorily and timely, the contractor may receive favorable remarks in the Contractor Performance Appraisal Report System (CPARS). The following provisions and clauses apply to this procurement: - 52.212-1, Instructions to Offerors-Commercial (FEB 2012) - 52.212-2, Evaluation-Commercial Items (JAN 1999) applies to this acquisition, with the following addendum to paragraph a: (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: A. Technical Capability 1. Experience 2. Understanding of the Requirement B. Past Performance C. Price The non-Price factors combined are significantly more important than Factor C, Price. However, price will become significantly more important as non-price factors approach equality. Offerors are cautioned that the award may not necessarily be made to the lowest price offered. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical features. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for Factor A, and its associated sub-factors. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. The proposal will be evaluated to determine whether the offeror's methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation and whether the offeror's methods and approach to meeting the solicitation requirements provide the Government with a high level of confidence of successful completion within the required schedule. Sub-factor 1: EXPERIENCE - The Government will evaluate the offeror's experience in relation to current or previous work performed in similar size and scope to this requirement, including the experience of key personnel that will be assigned to this requirement. Sub-factor 2: UNDERSTANDING OF THE REQUIREMENT - The Government will evaluate the offeror's understanding of the work to be performed in accordance with the PWS. The offeror shall submit a proposal that demonstrates its understanding of the work described in the PWS and the extent to which potential risks are identified and mitigated. Offerors must demonstrate that they can provide all necessary labor, materials, supplies (including Personal Protective Equipment - PPE), equipment, fuel, vehicles, management, and quality assurance for this requirement. PAST PERFORMANCE : The Government will evaluate past performance of three (3) previous contracts for current relevancy (within 3 years), with at least one (1) previous or current contract with relevancy within the past 12 months based on how well the contractor performed on projects of similar dollar value, scope, and complexity. Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the offeror and the information obtained may be used for both the responsibility determination and the best value decision. The absence of past performance data will be rated neither favorably nor unfavorably. Contracts listed may include those entered into with Government agencies or private sectors. For contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance. The Government will evaluate the Past Performance Elements specified in the Past Performance Questionnaire, Attachment 1. Offeror's shall distribute the questionnaire included in the solicitation as an attachment to their references so the form can be completed and submitted directly to the Government. Performance. Offerors shall provide a specific narrative explanation of each contract listed in Section 1 describing the objectives achieved and detailing how the effort is relevant to the requirements of this solicitation. (a) For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. The offerors shall also provide a copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the offeror or proposed subcontractor. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination. New Corporate Entities. New corporate entities may submit data on prior contracts 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. Information should be included in the files described in the sections above. Past Performance Questionnaire. The offeror shall complete Part I of the Past Performance Questionnaire and e-mail the questionnaire to the Government and private sector technical representative responsible for the past/current contract. The POC's shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contract Specialist, Sizemore.Rhonda@dol.gov no later than March 29, 2012 at 4:00 p.m. EST. The offeror shall also e-mail to the Contract Specialist a list of all the POC's who were sent a questionnaire. The Government must receive this list no later than March 27, 2012 at 4:00 p.m. EST. The POC List shall be submitted in Word for Windows Table Format to include the following fields: Solicitation Number; Company Name; Contract Number; Government Agency; POC Last Name, First Name; POC Title; POC Telephone Number; POC E-Mail Address; Date E-Mailedto POC (month/day). Please note, that the Past Performance Questionnaire will not be a part of the resultant contract. PRICE. The offeror shall complete Schedule B (Cost/Price Schedule), with pricing for the base and each option period. The Government will evaluate offers for award purposes by adding the total of all CLIN prices, including all options to ensure that pricing is not unbalanced. Price will be evaluated for completeness and reasonableness using the techniques in FAR 15.404-1(b) (2). Price will become significantly more important as technical ratings approach equality. No adjectival ratings will be used to evaluate Price. Adjectival Ratings. Proposals will be adjectivally rated against each of the evaluation factors set forth in this plan and in the solicitation. Adjectival ratings for Factors I, Technical (See Table 1), Adjectival ratings for Factor II (See Table 2), Past Performance will be Low Risk, High Risk, and Unknown Risk. No adjectival ratings will be used to evaluate Factor III, Price. Adjectival Ratings. The following adjectival ratings will be used: Factor A- Technical, will be rated using the following Adjectival Scale ADJECTIVAL DEFINITION Outstanding A proposal that satisfies all of the Government's requirements with extensive detail to indicate feasibility of the approach and shows a thorough understanding of the problems and offers numerous significant strengths, which are not offset by weaknesses, with an overall low degree of risk in meeting the Government's requirements. Good A proposal that satisfies all of the Government's requirements with adequate detail to indicate feasibility of the approach and shows an understanding of the problems and offers some significant strengths or numerous minor strengths, which are not offset by weaknesses, with an overall low to moderate degree of risk in meeting the Government's requirements. Acceptable A proposal that satisfies all of the Government's requirements with minimal detail to indicate feasibility of the approach and shows a minimal understanding of the problems, with an overall moderate to high degree of risk in meeting the Government's requirements. Unacceptable A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of understanding of the problems or an approach that cannot be expected to meet requirements or involves a very high risk; and none of these conditions can be corrected without a major rewrite or revision of the proposal. Table 1 Factor B-, Past Performance, will be rated using the following Adjectival Scale ADJECTIVAL DESCRIPTION Low Risk Little doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. Moderate Some doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. High Risk Significant doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. Unknown Risk Little or no relevant performance record identifiable; equates to an unknown risk rating having no favorable or unfavorable evaluation significance. - 52.212-3, Offeror Representations and Certifications-Commercial Items (FEB 2012) Offerors must include a completed copy of the provision at 52.212-3 with its offer. - 52.212-4, Contract Terms and Conditions-Commercial Items (FEB 2012) - 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2012). in paragraph (b) the following clauses apply; 52.204-10, 52.219-6, 52.219-28, 52.222-3, 52.223-18, 52.222-21, 52.222-26, 52.222-36, 52.225-1, 52.225-13, 52.232-33. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from contract expiration. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days from contract expiration ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. The FAR may be obtained via the Internet at http://www.acquisition.gov/far/ Offeror must be registered in the Central Contractor Registration (CCR) database and ORCA database before an award can be made to them. If the offeror is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. If the offeror is not registered in ORCA, it may do so through the ORCA website at https://orca.bpn.gov/. Registration in both CCR and ORCA is free. 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) (a) Definitions. As used in this clause- "Act" means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). "Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor." "Service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons. (b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 29 CFR Part 4. (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract. (2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c). (ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed. (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work. (3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division. (d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4. (e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f) Successor contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following: (i) For each employee subject to the Act- (A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement. (iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause. (2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. (l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act. (m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o) Rulings and interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4. (p) Contractor's certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act. (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528. (r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision- (1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (t) Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. See attached Service Contract Act Wage Determination for Ohio County, West Virginia. 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES - CERTIFICATION (NOV 2007) (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation with a 12-month base period and four 12-month option periods. Questions regarding this requirement are to be sent to Sizemore.Rhonda@dol.gov no later than March 21, 2012 at 4:00 p.m. EST. No phone calls will be accepted. Answers to all questions received by this deadline will be posted on FedBizOpps in sufficient time for proposals to be submitted. Any questions received after this deadline will only be answered if time permits. Technical proposals shall not exceed 20 pages. Price must be sent as a separate file. All attachments must be in a PDF format or a format compatible with Microsoft Office 2003. All CLINS must be quoted for the proposal to be considered. Proposals are due to Contracting Officer Rhonda Sizemore by April 3, 2012 at 4:00 pm EST. Proposals shall be sent to Rhonda Sizemore, Contracting Officer, US Department of Labor, Mine Safety & Health Administration, 1301 Airport Road, Beaver, WV, 25813. The preferred method of submission is via e-mail to Sizemore.Rhonda@dol.gov. "ATTACHMENT 1" PAST PERFORMANCE QUESTIONNAIRE Please provide your candid responses. The information that you provide will be used in the awarding of a federal contract. Therefore, it is important that your information be as factual, accurate and complete as possible to preclude the need for follow-up by the evaluators. If you do not have knowledge of or experience with the company in question, please forward this Questionnaire to the person who does. Thank you. PART I. (To be completed by the Offeror) A. CONTRACT IDENTIFICATION Name of Contractor/Company being evaluated: Name of Contractor/Company Name/Division providing the evaluation: Address: Program/Account Identification/Title: Contract Number: Contract Type: Contract Amount: Prime Contractor Name (if different from the contractor name cited above): Period of Performance: Contract Award Date: Forecasted or Actual Contract Completion Date: Detailed description of purchases or services provided: Was this work with a: Commercial_____ Fed Gov't_____ Local/State Gov't_____ entity. Relevance of the referenced contract to the current requirement: B. IDENTIFICATION OF OFFEROR'S REPRESENTATIVE Name: Title: Date: Telephone Number: FAX Number: Address: E-mail Address: PART II. EVALUATION (TO BE COMPLETED BY POINT OF CONTACT - RESPONDENT) For each performance element identified below, references should evaluate performance of the firm or individual identified in Part 1 of this form. Where the reference lacks sufficient information to provide an evaluation for a particular performance element, this should be noted. Where any deficiency or unfavorable information is identified, the reference should identify any mitigating factors that may weigh in favor for the person/firm on whose behalf the reference is provided (i.e., problems due to causes outside the contractor's control). An individual within your organization that is knowledgeable of the contractor's day-to-day operations and overall performance should complete this questionnaire. However, that individual is encouraged to supplement their own knowledge of the contractor's performance with the judgment of others within their organization, as applicable. The following chart depicts the ratings that are to be used to evaluate the contractor's performance: LOW RISK (L) Performance met all contract requirements and exceeded many. Problems, if any, were negligible, and were resolved in a timely and highly effective manner. MODERATE RISK (M) Performance met all contract requirements and exceeded some. There were few minor problems, which the contractor resolved in a timely, effective manner. HIGH RISK (H ): Performance met contract requirements. There were some minor problems; corrective actions taken by the contractor were satisfactory. UNKNOWN RISK (U): Little or no relevant performance record identifiable; equates to an unknown risk rating having no favorable or unfavorable evaluation significance. NOTE: UNKNOWN RISK WOULD BE THE EQUIVALENT TO THE CUSTOMER PROVIDING A NOT APPLICABLE (N/A) TO ANY OF THE QUESTIONS. When responding to the questions listed, circle the letter that most accurately describes the contractor's performance or situation. For any exceptional, neutral, marginal, or unsatisfactory rating, please provide explanatory narratives in the remarks block. These narratives need not be lengthy, just detailed. If a question is not applicable, circle N/A. If you circle a Yes/No answer that is marked with an asterisk (*), please provide a corresponding explanation in the remarks block. If more space is required, use the back of the questionnaire or attach additional pages. Handwritten responses to this questionnaire are acceptable. However, if responses are handwritten, please print legibly. Your time and effort in providing this vitally important information are greatly appreciated. PERFORMANCE ELEMENTS: QUALITY OF SERVICE 1. Contractor's ability to meet minimum quality standards specified for performance. L M H U 2. Contractor's ability to effectively control the quality of services provided. L M H U 3. Contractor's compliance with contractual terms and conditions. L M H U 4. Quality of products furnished. L M H U 5. Overall rating of contractor's standard of workmanship. L M H U 6. Overall rating of contractor's quality of service. L M H U TIMELINESS OF SERVICE 1. Contractor's ability to meet specific response times and scheduled time frames for completion of specific tasks. L M H U 2. Contractor's responsiveness/timeliness for providing administrative reports/documents required by the contract. L M H U 3. Contractor's adherence to delivery schedules? L M H U 4. Contractor's timeliness in responding to emergency service requirements. L M H U 5. Overall rating of contractor's responsiveness/timeliness. L M H U BUSINESS RELATIONS 1. Contractor's ability to identify problems and potential problems, and promptly notify the Contracting Officer. L M H U 2. Contractor's ability to correct problems and prevent or mitigate potential problems in a timely manner. L M H U 3. Contractor's willingness to improve and correct noncompliance issues or concerns. L M H U 4. Contractor's ability to use effective approaches and provide technical expertise and resources to solve contract problems. L M H U 5. Extent to which the contractor has demonstrated reasonable and cooperative behavior. L M H U 6. Contractor's effectiveness in interfacing with the Contracting Officer, quality assurance personnel, and customers. L M H U 7. Contractor's flexibility in satisfying the requirements of its customers. L M H U 8. Extent to which the contractor provided prompt and courteous service when responding to customer complaints. L M H U 9. Contractor's ability to coordinate, integrate, and provide for effective subcontractor management L M H U 10. Overall rating of customer satisfaction. L M H U 11. Overall rating of business relations. L M H U MANAGEMENT OF KEY PERSONNEL 1. Contractor's ability to select and retain cooperative and effective key personnel, such as the contract manager and quality control personnel. L M H U 2. Extent key personnel were knowledgeable about contractual requirements. L M H U 3. Contractor's ability to meet appropriate staffing levels with qualified personnel in order to provide required services. L M H U 4. Rate the contractor's ability to provide continuity of key personnel on the contract. L M H U 5. Rate the contractor's ability to replace key personnel in a timely fashion L M H U 6. Contractor's ability to effectively manage subcontractors. L M H U 7. Rate the level of the functional expertise of the contractor's staff. L M H U 8. Overall rating of contractor's management of key personnel. L M H U COMPLIANCE WITH ENVIRONMENTAL, SAFETY, HEALTH, AND SECURITY REQUIREMENTS 1. Has the contractor ever received any Notices of Violations for noncompliance with environmental laws or regulations? YES* NO 2. Contractor's compliance with environmental requirements. L M H U 3. Contractor's compliance with safety requirements. L M H U 4. Contractor's compliance with health requirements. L M H U 5. Contractor's compliance with security requirements. L M H U COST MANAGEMENT (COST CONTRACTS) 1. Extent to which the contractor provided reliable, supportable cost estimates or proposals L M H U 2. Extent to which the contractor met the proposed cost estimates? L M H U CONTRACTUAL CONSIDERATIONS 1. If a subcontracting plan was required, extent to which contractor met applicable goals for small business participation. L M H U 2. Has an election ever been made not to exercise an option or continue relations due to contractor's poor performance? YES* NO 3. Has a Contract Discrepancy Report ever been issued? YES* NO 4. Has a cure notice or show cause notice ever been issued? YES* NO 5. Has this contract been partially or completely terminated for default or convenience? YES* NO Partially ________ Completely _________ 6. Are there any pending terminations? YES* NO 7. Overall rating of contractor's performance under this contract. L M H U 8. Would you hire this contractor again? YES NO* *REMARKS _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Are you aware of other relevant past efforts by this company? If yes, please provide the name and telephone number of a point of contact: PART III. RETURN INFORMATION Please return this completed Questionnaire via e-mail to Contract Specialist Rhonda Sizemore at Sizemore.Rhonda@dol.gov. Thank you for your assistance. NOTE TO OFFERORS: A Microsoft Word Version of the Past Performance Questionnaire is also attached for your convenience.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/MSHA/BeacerWV/464-12MR-2934/listing.html)
Place of Performance: Address: US DEPARTMENT OF LABOR, MINE SAFETY & HEALTH ADMINISTRATION, 765 Technology Drive, Triadelphia, West Virginia, 26059, United States; Zip Code: 26059
Record: SN02696783-W 20120316/120314235530-6a0818e405ea89f3645ca2a912e58f05 (fbodaily.com)
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