SOLICITATION NOTICE
R -- CONSTRUCTION PROJECT DATA - DOL/OSHA - Package #1 - CLIN/Pricing Spreadsheet - Combined Synopsis/Solicitation DOL-OPS-15-Q-00045 - Package #4
- Notice Date
- 8/28/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 519130
— Internet Publishing and Broadcasting and Web Search Portals
- Contracting Office
- Department of Labor, Office of the Assistant Secretary for Administration and Management, Office of Procurement Services, 200 Constitution Avenue, NW, S-4307, Washington, District of Columbia, 20210-0001, United States
- ZIP Code
- 20210-0001
- Solicitation Number
- DOL-OPS-15-Q-00045
- Archive Date
- 12/31/2015
- Point of Contact
- Carmelita C. Lariba, Phone: 202-693-4584
- E-Mail Address
-
lariba.carmelita.c@dol.gov
(lariba.carmelita.c@dol.gov)
- Small Business Set-Aside
- N/A
- Description
- DOL-OPS-15-Q-00045 - Past Performance Questionnaire Combined Synopsis/Solicitation Instructions to Offerors DOL-OPS-15-Q-00045 CLIN -Pricing Spreadsheet DOL-OPS-15-Q-00045 Performance Work Statement (PWS) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13.5, 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. This procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single document. The U.S. Department of Labor, OASAM, BOC, Office of Procurement Services, Division III, intends to solicit and award a Firm Fixed Price contract for the requirement of Construction Data, in support of the Occupational Safety & Health Administration (OSHA). The combined synopsis/solicitation will be processed using FULL & OPEN competition. The Government will evaluate quotes received based on the factors under 52.212-2 Evaluation -- Commercial Items. Award will be made using the Best Value Trade-off processes, non-cost factors (Volume I and Volume II when combined) is significantly more important than Price (ii) The combined synopsis/solicitation number is DOL-OPS-15-Q-00045 and this is issued as a request for quotation (RFQ). (iii) The combined synopsis/solicitation DOL-OPS-15-Q-00045 document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. (iv) The combined synopsis/solicitation DOL-OPS-15-Q-00045 is processed using the NAICS code 519130 and small business size standard of 500 employees. PSC of R702. (v) A list of contract line item number(s) and items, quantities and units of measure, (including option(s), is separately attached. (vi) Description of requirements for the items to be acquired, is separately attached. (vii) Date(s) and place(s) of delivery and acceptance and FOB point, is separately attached. (viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and addenda to the provision is attached. (ix) The provision at 52.212-2, Evaluation -- Commercial Items, is used, and the specific evaluation criteria to be included in paragraph (a) of that provision. (x) Interested, responsible Offerors must be registered with System Award Management at www.sam.gov where Offerors have completed the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. Offers/quotes must include the statement that Offerors are registered in www.sam.gov, with its offer. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and the additional FAR clauses cited in the clause are applicable to the acquisition. (xiii) The closing due date for this combined synopsis/solicitation is 10/05/2015, 2:00 PM, EST. (xvi) Questions will be accepted and will be emailed to lariba.carmelita.c@dol.gov NLT 09/09/2015, 2:00 PM EST. Government responses to the questions will be posted on or around the week of 09/16/2015. Quotes/offers shall be evaluated in accordance with the criteria contained in this combined synopsis/solicitation using the evaluation factors stated in this synopsis/solicitation. Technical capability will be evaluated based on the evaluation factors and the PWS to meet the Government's requirement. Past performance shall be evaluated in accordance with the procedures in 13.106 or Subpart 15.3, as applicable. The contracting officer shall ensure the instructions provided in the provision at 52.212-1, Instructions to Offerors -- Commercial Items, and the evaluation criteria provided in the provision at 52.212-2, Evaluation -- Commercial Items, are in agreement. Award will be made to the Offer evaluated the most advantageous to the Government based on the factors contained in the combined synopsis/solicitation, using the Best Value Trade off processess, non-cost factors (Volume I and Volume II when combined) is significantly more important than Price 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: Volume I. Technical Approach Proposals received shall first be evaluated upon the completeness and thoroughness of the proposal submitted. The offeror should provide a statement of the problem, scope and purpose of the project in the contractor's own words to demonstrate understanding of the technical and substantive issues to be addressed. The proposer should also offer a logical program for the achievement of the project. The proposal also must demonstrate the following elements: Subfactor (a) Comprehensive coverage. The Offeror must demonstrate the comprehensiveness of the construction data required in the SOW. The Offeror will provide summary statistics for Calendar Year 2014 active construction projects (excluding residential construction) with a value >$50,000 that are included in its data system. These should include breakouts by: a. State b. Month (or quarter) c. Project size by dollar value d. Construction type Subfactor (b) T he Offeror will provide the Government with a brief description/demonstration of the online services required under Section I.d of the SOW. This can be either a written description or a scheduled webinar demonstration. Subfactor (c) Timely Delivery. The Offeror must demonstrate its management plan to ensure timely delivery of the monthly files required in the SOW. This should include how the personnel employed under this contract would operate in the organization, their responsibilities and amount of time devoted to this project; and methods to ensure the successful completion of all tasks within time and budget limitations. Volume II. Past Performance. Past Performance will assess the Offeror's ability to perform the effort described in this solicitation, based on the Offeror's demonstrated present and past performance. The Government will evaluate the Offeror's past performance, to determine whether the Offeror has demonstrated performance that will enable the Offeror to consistently deliver high quality services. In evaluating past performance, the Government will evaluate the Offeror's past performance information in response to the Past Performance Questionnaire, on the recency/currency, relevancy, and the scope and magnitude of the contract, source of the information, context of the data, and general trends in the contractor's performance shall be evaluated. The Government may make reasonable effort to contact references provided. This comparative assessment of past performance information is separate from the responsibility determination required under Subpart 9.1. The Government will evaluate past performance of three (3) previous contracts for relevancy, recency of the three (3) past performance contracts, 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 as Neutral, 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, or key personnel, with relevant past performance. The Government will evaluate the Past Performance Elements specified in the Past Performance Questionnaire, evaluating the Offeror's past performance rating and its justification whether it supports the rating. 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. This volume shall be organized into the following sections: (1) Section 1 - Contract Descriptions. This section shall include the following information in the following format: (a) Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers). (b) Government contracting activity, and current address, Procuring Contracting Officer's name, e-mail address, telephone and fax numbers. (c) Government's technical representative/COR, and current e-mail address, telephone and fax numbers. (d) Government contract administration activity and the Administrative Contracting Officer's name, and current e-mail address, telephone and fax numbers. (e) Government contract administration activity's Pre-Award Monitor's name, and current e-mail address, telephone and fax numbers. (f) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers also. (g) Contract Type (specific type such as Fixed Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.) In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc)). (h) Awarded price. (i) Final or projected final price. (j) Original delivery schedule, including dates of start and completion of work. (k) Final or projected final delivery schedule, including dates of start and completion of work. (2) Section 2 - 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. (3) Section 3 - 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. (4) 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. 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 the stated due date. 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-Mailed to POC (month/day). Please note, that the Past Performance Questionnaire will not be a part of the resultant contract. The Government may utilize other past performance information which may be obtained from other sources known to the Government, such as PPIRS or FAPIIS. The Offeror may provide information on problems encountered on the identified contracts and offeror's corrective actions. Volume III. Price. The price Quote will be evaluated separately from the technical Quote. Evaluators will consider whether the price adequately reflects an understanding of the project. Price will not be adjectivally rated. The Government will evaluate the extent to which the price Quote follows the pricing instructions provided, including price structure and format. Prices will be evaluated for completeness, accuracy, reasonableness, and balance. Any information included in the Offeror's price quotes may be evaluated. This will include an evaluation of the extent to which proposed prices indicate a clear understanding of RFQ requirements and reflect a sound approach to satisfying those requirements. All Offeror's proposed prices, rates, categories, and descriptions will be evaluated for reasonableness and acceptability using one or more of the following techniques: 1) Analysis of pricing information provided by the Offeror. 3) Comparison of proposed prices with independent Government cost estimates. 4) Review for responsiveness and accuracy in providing all price information under this section. The Offeror is expected to propose a reasonable price. An evaluation of each Offeror's price Quote will be made to determine if it is reasonable for the work to be performed, reflects a clear understanding of the requirements, and is consistent with the technical Quote. The Offeror's Price Quote shall represent the Offeror's best efforts to respond to the RFQ. The Offeror shall complete the Pricing Sheet/CLINs, of the solicitation with pricing for the base and each option period. Each Offeror shall submit quotes with signature. An authorized official of the firm shall sign the proposed quote and all certifications requiring original signature. 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. (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) The following provisions and clauses apply to this procurement: FAR 52.202-1, Definitions FAR 52.203-3, Gratuities FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-7, System for Award Management FAR 52.204-13, System for Award Management Maintenance 52.207-2 -- Notice of Streamlined Competition FAR 52.209-2, Prohibition on Contracting With Inverted Domestic Corporations-Representation FAR 52.211-6, Brand Name or Equal FAR 52.212-1, Instructions to Offerors - Commercial Items FAR 52.212-3 Alt I, Offeror Representations and Certification-Commercial Items (all offerors shall include a completed copy of this provision with their proposal unless electronically filed in System for Award Management) FAR 52.212-4, Contract Terms and Conditions-Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. [in paragraphs (b) and (c) the following clauses apply: 52.203-6 Alt I, 52.204-10, 52.209-6, 52.209-10, 52.219-6, 52.219-14, 52.219-28, 52.222-35, 52.222-3; 52.222-19; 52.222-21, 52.222-26, 52.222-36, 52.222-37, 52.222-40, 52.223-18, 52.225-13, 52.232-33] FAR 52.219-1, Alt I, Small Business Program Representations FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.242-13, Bankruptcy The following full text provisions and clauses apply to this procurement: FAR 52.209-5 -- Certification Regarding Responsibility Matters (Apr 2010) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: (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: Price and technical capability of the item offered to meet the Government need. (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) FAR 52.233-2, Service of Protest (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from TSgt Joseph A. Carrizales. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil FAR 52.252-5 -- Authorized Deviations in Provisions (Apr 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Provision) FAR 52.252-6 - Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) 252.203-7998 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation. (DEVIATION 2015-O0010) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015) (a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015-O0010)(FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of clause) 252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2015 Appropriations. (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the DOL, OASAM, BOC, OPS, Policy (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS L.1 Submission Requirements This requirement is processed under the NAICS 519130 with a size standard of 500 employees, FSC R702. The Contractor may submit their technical, past performance summary and price quotes with the required supporting documents through email to Carmelita C. Lariba at lariba.carmelita.c@dol.gov Technical, Past Performance, and Price Quotes shall be dated and signed by those authorized to commit the firm and the Quotes must cite the Offeror/Firm's appropriate Tax Identification Number (TIN), Dun & Bradstreet Number (DUNS), North American Industrial Classification System (NAICS), and Commercial and Government Entity Code (CAGE). Please ensure that the Offeror's firm is registered in the System for Award Management (SAM) at https://www.sam.gov. The solicitation number DOL-OPS-15-Q-00045 "CONSTRUCTION PROJECT DATA - DOL/OSHA" must be included in their proposal or quote Technical quote will include the required documents stated in this RFQ to be determined responsive for further evaluation for award. Offerors will utilize the Pricing/CLIN table to complete their Price proposal/quote, for each, consistent with the CLINs and Section C - Description of Services or Performance Work Statement (PWS). L.2 Assumptions or Conditions Offerors must acknowledge any assumptions or conditions made based on the terms and conditions of this RFQ including the PWS. Any exceptions to the PWS must be described and how the exceptions will be met. If not noted, it will be assumed that the Offeror agrees to comply with all the terms and conditions as set forth herein. L.3 Quotes Submission Quotes submitted in response to this RFQ shall be furnished in the following format with the number of copies as specified below. Volume I: Technical Approach Technical quote must be signed and dated. (1) Electronic copy email to Lariba.carmelita.c@dol.gov 1-hard copy, One CD copy- to Department of Labor OPS, Division III (Attn: Carmelita C. Lariba) 200 Constitution Ave NW Washington, DC 20210 (2) Format of Technical Quote: Technical Approach and its subfactors (a), (b), and (c) must be limited to not more than 50 pages (Times New Roman, 11 or 12 Font). Technical Quotes page limitations DO NOT INCLUDE attachments, Table of Contents, or Introductions of the Technical Proposal. Volume II: Past Performance (1) Past Performance Questionnaire, completed by the Offeror's POC's and references must be emailed directly to lariba.carmelita.c@dol.gov. Offerors shall distribute the questionnaire, separately attached, to their references, so the form can be completed and submitted directly to the Government at (lariba.carmelita.c@dol.gov ). (2) Past Performance Summary, and CD must be submitted, mailed or hand carried to the above stated address. Must be limited to 10 pages, (Times New Roman, 11 or 12 Font). Volume III: Price (1) Must be submitted in pdf and excel format, email to Lariba.carmelita.c@dol.gov. (2) one (1)-CD copy, and one(1) hard copymust be submitted, mailed or hand carried to the above stated address: The price Quotes shall be submitted as a FFP Quote. Price Quote must be limited to 20 pages, (Times New Roman, 11 or 12 Font). Questions & Answers Offerors may submit questions NLT September 9, 2014 to be emailed to lariba.carmelita.c@dol.gov. All Questions shall put SUBJECT: DOL-OPS-14-Q-00045 - CONSTRUCTION PROJECT DATA, DOL/OSHA L.4 Evaluation Factors for Award. The evaluation will be based upon the demonstrated capabilities of the prospective contractor(s) in relation to the needs of the project as set forth in the RFQ. The merits of the proposal will be evaluated carefully, based upon responsiveness to the RFQ and the thoroughness and feasibility of the technical approach taken and past performance of the contractor(s) on similar requirements, of the same complexity, and the same magnitude in a similar environment or in a civilian environment. The technical proposal shall reflect a clear understanding of the nature of the work being undertaken with a discussion of potential problems that are likely to be encountered in this project and a description of how the Offeror's plans to address them. The evaluation criteria will be used by the technical evaluation committee to evaluate the technical proposal. The evaluation will take into consideration the technical, and administrative capabilities of the offeror in relation to the requirement. In addition, price reasonableness and the probable cost to the government will be evaluated. Based on the evaluation factors and the consideration of other factors, the Government reserves the right to make an award(s) that will be to the best value to the Government. The Government intends to award a single award contract resulting from this solicitation to the responsible offeror(s) whose proposal or quote represents the best value Trade-off processes, Non-cost factors are significantly more important than Price. The Government may reject any or all proposals if such action is in the Government's interest. Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. Volume I-Technical Approach is approximately equal to Volume II-Past Performance. Non-price evaluation factors (Volumes I and II) when combined are significantly more important than Volume III-price. The Government will evaluate proposals or quotes based on the evaluation factors, using the following Evaluation Rating Schemes. TECHNICAL EVALUATION RATING SCHEME. The following adjectives will be used as general guidance in assessing Volume I-Technical Approach, its significant technical sub-factors (a), (b), and (c). Volume II - Past Performance is rated using a different rating scheme and definitions as detailed in Past Performance Rating Scheme. Volume III - Price will not be adjectivally rated. Table 1. Technical Ratings ADJECTIVAL DEFINITION Excellent The proposal strengths demonstrate an excellent understanding of the requirements and exceed performance or capability standards. The proposal has several strengths that will significantly benefit the government. The proposal is extensive, detailed, and exceeds all requirements and objectives. Good The proposal demonstrates a good understanding of the requirements and the approach meets or exceeds performance or capability standards in all areas. The proposal has one or more strengths that will benefit the government. The proposal generally exceeds requirements in minor areas. Satisfactory The proposal demonstrates an acceptable understanding of the requirements and the approach meets performance or capability standards. The proposal has no strengths that will benefit the government and has no material weaknesses. The proposal generally meets requirements, therefore has an acceptable probability of meeting the requirements. Marginal The proposal demonstrates a limited understanding of the requirements and the approach only marginally meets performance or capability standards necessary for minimal contract performance. The proposal has minor omissions and demonstrates a misunderstanding of the requirement that may be corrected or resolved through discussions without a complete revision of the proposal. Unsatisfactory The proposal demonstrates a misunderstanding of the requirements and the approach fails to meet performance or capability standards. The proposal has major omissions and inadequate detail to assure the evaluators that the offeror has an understanding of the requirements. Technical Risk Rating. Assessment of technical risk, which is manifested by the identification of strengths, weakness(es), or deficiency(s) considers potential for disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful contract performance.   Table 2. Past Performance Rating Rating Definition E EXCEPTIONAL. Performance meets contractual requirements and exceeds many requirements. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective. VG VERY GOOD Performance meets contractual requirements and exceeds some (requirements). The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective. S SATISFACTORY Performance meets contractual requirements. The contractual performance of the element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory. M MARGINAL Performance does not meet some contractual requirements. The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor's proposed actions appear only marginally effective or were not fully implemented. U UNSATISFACTORY Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element being assessed contains serious problem(s) for which the contractor's corrective actions appear or were ineffective. N NOT APPLICABLE OR NEUTRAL Unable to provide a score. Performance in this area not applicable to effort assessed. Lack of Past Performance Questionnaire response(s). EVALUTION OF OVERALL QUOTE'S RISK. The Government will consider risk in the evaluation of quotes received in response to the RFQ. The following risk definitions will be used as general guidance in assessing the level of risk presented by each quote. Evaluation results of Volume 1-Technical Approach; Volume II-Past Performance; and Volume III-Price will be evaluated for its overall risk to the Government using the Table 3- Rating Scheme below. Table 3. Technical Risk Ratings ADJECTIVAL DESCRIPTION Low Risk Little doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort. Moderate Risk 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 experience/performance record identifiable; equates to a neutral rating having no positive or negative evaluation significance. 52.216-1 Type of Contract. (APR 1984) The Government contemplates award of a Firm Fixed Price, service contract resulting from this solicitation. (End of provision) 52.216-27 Single or Multiple Awards. (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (End of provision)
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