(b) Each evaluation factor or subfactor for a given solicitation must address a separate aspect of the offeror’s proposal or capabilities in order to avoid double counting. For example, past performance may not be evaluated as a separate technical evaluation factor if the same performance is evaluated elsewhere as part of another evaluation factor or subfactor. It is not double counting, however, to combine a delivery evaluation factor, which evaluates different offered delivery dates, with the past performance factor (e.g., the Automated Best Value System), which evaluates past performance in assessing the risk that an offeror will not deliver on the promised date.
(c)(3) Statute (15 U.S.C. 637(d)(4)(G)(i) and (ii)) requires that, where a bundled requirement (see section 7.107) offers a significant opportunity for subcontracting, the procuring agency must designate the following factors as significant factors in offer evaluation:
- A factor that is based on the rate of participation provided under the subcontracting plan for small business in the performance of the contract; and
- For the evaluation of past performance of an offeror, a factor that is based on the extent to which the offeror attained applicable goals for small business participation in the performance of contracts.
(4) Use of small, small disadvantaged and women-owned small businesses (socioeconomic evaluation factor). To implement the guidance contained in FAR 15.304(c)(4) and DFARS 215.304(c)(i), the contracting officer shall establish an evaluation factor to evaluate the extent of an offeror's proposed use of small, small disadvantaged and women-owned small businesses, or historically black colleges/universities or minority institutions (HBCUs/MIs), in order to incentivize offerors to subcontract with such concerns. The weight or relative order of ranking of this factor is at the discretion of the contracting officer, but this factor may not be combined with any other factor. Although this factor only applies to acquisitions that require submission of a subcontracting plan, the factor itself should be separate and distinct from the subcontracting plan (FAR 19.219-9) as well as from use of the MBA factor (see (c)(90)) and the factor to promote use of “AbilityOne”, ( formerly called Javits-Wagner-O’Day Act (“JWOD”)) entities (see (c)(91)). All offers submitted in response to the solicitation, whether from small or large businesses, shall be scored/rated on this factor, except that acquisitions that are set aside for small business, or for very small business or HUBZone participation, shall not include this factor. Proposals that demonstrate a strong commitment to affording small, small disadvantaged, and women-owned small businesses, or HBCUs/MIs, a real opportunity to participate shall be rated more favorably than those that demonstrate little or no such commitment.
(A) In making decisions whether to exercise options on contracts, the contracting officer shall evaluate whether a firm has or has not performed in accordance with its small, small disadvantaged and women-owned small business, or HBCU/MI, subcontract requirements in the contract. The Defense Contract Management Agency's small business offices shall be used to assist in assessing a contractor's compliance with these requirements.
(B) Solicitation provisions. Solicitation provisions similar to the ones at 52.215-9002, Socioeconomic Proposal, and 52.215-9003, Socioeconomic Support Evaluation, shall be included in all solicitations that meet the criteria in 15.304(c)(4).
(c)(90) DLA Mentoring Business Agreements (MBA) Program evaluation factor. Proposed participation in the DLA MBA Program (see 19.90) shall be separately considered as an evaluation factor in all long term contracts expected to exceed $500,000.
(c)(91) Use of “AbilityOne”, ( formerly called Javits-Wagner-O’Day Act (“JWOD”)) qualified nonprofit agencies for the blind or other severely disabled - evaluation factor. The contracting officer shall establish an evaluation factor for the extent of an offeror's proposed use of “AbilityOne”, ( formerly called Javits-Wagner-O’Day Act (“JWOD”)) qualified nonprofit agencies for the blind or other severely disabled, in order to incentivize offerors to subcontract with such concerns. (See 8.702.) The weight or relative order of ranking of this factor is at the discretion of the contracting officer, but this factor may not be combined with any other factor. This factor is separate and distinct from both the socioeconomic evaluation factor described in (c)(4), and also from the MBA factor (see (c)(90). All offers submitted in response to the solicitation, whether from small or large businesses, shall be scored/rated on this factor, except that acquisitions that are set aside for small business, or for very small business or HUBZone participation, shall not include this factor. Proposals that demonstrate a strong commitment to affording “ABILITYONE” entities a real opportunity to participate in the Government contracting arena (beyond the statutorily mandated use of these entities by prime contractors; see FAR 8.001(c)) shall be rated more favorably than those that demonstrate little or no such commitment.
(i) In making decisions whether to exercise options on contracts, the contracting officer shall evaluate whether a firm has or has not performed in accordance with its commitment to use of “ABILITYONE” entities. Field elements of the Defense Contract Management Agency shall be used to assist in assessing a contractor's compliance with these requirements.
(ii) Solicitation provisions. Solicitation provisions similar to the ones at 52.215-9004, Javits-Wagner-O'Day Act Entity Proposal, and 52.215-9005, Javits-Wagner-O'Day Act Entity Support Evaluation, shall be included in all solicitations that meet the criteria in 15.304(c)(91).
(iii) Contract clause. A clause substantially the same as the one at 52.215-9006, Javits-Wagner-O'Day Act Entity - Contractor Reporting, shall be included in each contract for which the successful offeror submitted a “ABILITYONE” entity subcontracting proposal with its offer.
(c)(92) Transportation evaluation preference. Consistent with Department of Defense (DoD) Transportation Acquisition Policy and DoD Readiness objectives, solicitations for integrated logistics management arrangements, such as prime vendor, virtual prime vendor, On Demand Manufacturing, Quick Response, ECAT, and EMall, that may include contractor arranged transportation outside the continental United States, shall include an evaluation factor favoring offerors whose transportation arrangements include the use of carriers with commitments to DoD mobility agreements under Civil Reserve Air Fleet (CRAF) and the Voluntary Intermodal Sealift Agreement (VISA).
(A) When contracting for commercial transportation providers, the requirement of the contractor to support DoD contingency requirements through participation in the Civil Reserve Air Fleet (CRAF) and Voluntary Intermodal Sealift Agreement (VISA) programs, and the required use of Electronic Commerce/Electronic Data Interchange (EC/EDI) and the required providing of their In-Transit Visibility (ITV) data to DoD shall be used as evaluation criteria. A sample evaluation factor and language describing the factor for inclusion in solicitations are shown below.
(i) Description of the preference
This solicitation, consistent with Department of Defense (DoD) Transportation Acquisition Policy and DoD Readiness objectives, includes a transportation preference that favors contractors whose transportation arrangements outside of the continental United States (OCONUS) include the use of carriers with commitments to DoD mobility agreements under Civil Reserve Air Fleet (CRAF) and Voluntary Intermodal Sealift Agreement (VISA).
Offerors, as a part of their proposal, shall indicate the carriers that the offeror will use for air and ocean transportation, if awarded the contract. Offers received will be evaluated to determine the degree of commitment to DoD readiness programs.
Under CRAF, select civil air carriers are contractually committed to support airlift requirements in emergencies when U.S. airlift needs exceed the capability of military aircraft. DoD provides financial incentives via transportation contracts with air carriers in exchange for pledged aircraft for international, long-range, short-range, domestic and Alaskan transportation requirements ready for activation, when needed. During activation, DoD controls the mission of these aircraft. Air carriers continue to operate and maintain their committed aircraft with their own resources. Before receiving a CRAF contract, air carriers must be certified as DoD-approved.
If air transportation OCONUS is anticipated, offerors should provide the name of the transportation company and a statement as to whether the transportation company(ies) has/have a commitment to CRAF. CRAF carriers are preferred.
The VISA was jointly developed by the Department of Transportation Maritime
Administration, the DoD, and industry to make intermodal shipping services/systems,
including ships, intermodal equipment and related management services available to
the Department of Defense to support the emergency deployment and sustainment of U.S.
Military forces by augmenting the capacity of DoD’s organic sealift capabilities.
If ocean transportation is contemplated, offerors should provide the name of the
company(ies) and category(ies) shown below that best describes the transportation
arrangements under the proposed contract. VISA preferences are as follows:
a. U.S. Flag vessel capacity operated by a Participant and U.S. Flag Vessel Sharing Agreement (VSA) capacity of a Participant.
b. U.S. Flag vessel capacity operated by a non-Participant.
c. Combined U.S. flag/foreign flag vessel capacity operated by a Participant and combination U.S./foreign flag VSA capacity of a Participant.
d. Combined U.S. flag/foreign owned vessel operated by a non-Participant
e. U.S. owned or operated foreign flag vessel capacity and VSA capacity of a non-Participant.
f. U.S. owned or operated foreign flag vessel capacity and VISA capacity of a non-Participant
g. Foreign-owned or operated foreign flag vessel capacity of a non-Participant.
For further information on the Voluntary Intermodal Sealift Agreement, see Federal Register Notice of February 13, 1997 (Volume 62, No. 30, pages 6838 - 6846).
(ii) Evaluation factor:
The extent to which the offeror has, or uses other companies that have, CRAF and VISA commitments in both its DoD and commercial shipping methods.
(c)(93) Surge and Sustainment will be evaluated in accordance with the terms and conditions of the solicitation. (See 17.9300)
(c)(94) Cost of Source Inspection evaluation factor. (See also (13.106-90(a), 14.201-8(a)(90), and 52.213-9001). When contractors deliver nonconforming supplies or provide nonconforming services, the contracting officer normally requires inspection and acceptance at source, rather than at destination. The evaluation factor for source inspection is the expression of the Government’s recognition that it incurs costs resulting from poor contractor performance or from contractor demands for additional Government performance not otherwise considered necessary from the Government’s perspective. When the conditions set forth in 13.106-90(a) exist, the provision at 52.213-9001, Evaluation Factor for Source Inspection, shall be inserted in solicitations. The coverage at 13.106(90)(a) applies regardless of the dollar value of the acquisition.
(A) The source inspection and preaward survey cost factors in offer evaluation can be applied to any procurement. They can be applied in conjunction with any source selection method.
(c)(95) Cost of preaward survey (PAS) evaluation factor. (See also 13.106-90(b), 14.201-8(a)(91), and 52.215-9001)). When a contractor delivers nonconforming supplies or provides nonconforming services or is delinquent in delivery, the contracting officer normally requires a PAS to determine such offeror’s responsibility for subsequent acquisitions. (See 9.106) The contracting officer also generally requests a PAS regarding a prospective contractor in accordance with the criteria listed at (A) through (F), below. The evaluation factor for conduct of a preaward survey is the expression of the Government’s recognition that conducting a PAS is an additional expense to the Government. There are certain situations (based on a contractor’s prior performance) for which it is appropriate to apply a factor for offer evaluation purposes to the apparently low offer of a prospective contractor when the Government must base its responsibility determination on the results of the survey of that firm or individual. When these situations exist, the provision at 52.215-9001, Evaluation Factor for Preaward Survey, shall be inserted in solicitations. Additionally, an amount which is the equivalent of the cost of the survey, currently $369.00, shall be added to the offeror’s proposed price for each survey, regardless of the level of survey (formal or informal) to be performed. The cost of the PAS shall be added to the offer of a prospective contractor (manufacturer or non-manufacturer) who:
(A) Has been listed on the GSA List of Parties Excluded from Federal Procurement Programs within the past three years (or other locally-determined time period); or
(B) Is undergoing or has undergone reorganization under bankruptcy laws within the past three years (or other locally-determined time period); or
(C) Is known to the contracting officer to have a poor or marginal performance history; or
(D) Has, within the past year (or other locally-determined time period), received a negative PAS for an item within the same Federal Supply Class (FSC), or for the same type of service, as the item or service being purchased; or
(E) Has failed to liquidate indebtedness to DLA (the extent of such indebtedness shall be determined locally); and
(F) The contracting officer has determined must be surveyed for the contracting officer to make a responsibility determination (see 9.104-1(90)(a) and 9.106-1).
