Section E Provisions Rev2.pdf

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SECTION E - CONTRACT PROVISIONS

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments, by submission of all signed SF30(s) with proposal;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3

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(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

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(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). 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.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).)

The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11

PWS as of 13 December 2023 4 designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Brief Explanation. A brief explanation shall be given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The number of offerors solicited;

(2) The number or proposals received;

(3) The name and address of each offeror receiving an award;

(4) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice. However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and

(5) In general terms, the reason(s) the offeror’s proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other offeror.

(End of Provision)

Instructions for Submitting Proposals These instructions are supplemental details to Far Clause 52.212-1. Offerors shall submit an electronic proposal, prepared in such format and detail as to enable NIST to make a thorough evaluation thereof and to arrive at a sound determination as to whether the offeror can meet the requirements detailed in the PWS. It is imperative that all information submitted within the proposal is information that is applicable to the overall operation at the NIST Cafeteria.

In addition to the above, the Contractor shall submit an electronic copy (PDF format) of the complete proposal package via email to the contract specialist and contracting officer specified in this solicitation. No hand delivered packages will be accepted. No exceptions.

Due to email attachment size limitation, please ensure your email is under 10mb. For larger emails, please zip your files or split them into multiple emails as necessary. If splitting your response into multiple emails, include “Email # of #” in the subject line of your emails so that we can verify receipt of all emails. Additionally, due to the time required for large files to process through NIST servers, please plan your submittals timely to avoid late or delayed delivery. NIST, the contract specialist, or the contracting officer are not responsible for responses received late due to untimely submission.

Offeror’s proposals shall be limited to the page totals detailed in the factors. The maximum font shall be 12 point and page margins shall be a minimum of one inch on all sides.

Proposals longer than the limits outlined below and/or NOT meeting the above requirements will be excluded from consideration without requests for revision or notification beyond the final award notification.

Evaluation Factors Proposals will be evaluated on the following non-price factors to make a Best Value Determination.

1. Cafeteria Food Service Management http://www.sam.gov/ http://www.sam.gov/

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2. Catering Services

3. Past Performance

4. Small Business Utilization

1. Factor 01: Cafeteria Food Service Management In not more than thirty (30) pages, inclusive of page lengths identified below in this factor, the Management Approach factor addresses the Contractor’s overall approach and commitment to managing the contract and accomplishing the objectives of this requirement. Offerors are encouraged to provide innovative solutions that provide a positive benefit or advantage to the Government, which may be viewed favorably. The Government has the right to incorporate all or part of the Contractor’s proposed Management Plan. If incorporated, the Management Plan will be binding upon the Contractor and the Government.

The Contractor shall address how they intend to staff and manage the contract in order to successfully accomplish the requirements of the Performance Work Statement.

The Contractor shall address their overall approach and processes that set them apart from the competition or otherwise benefit the Government beyond the requirements, i.e., time and/or cost savings, innovative solutions, staffing and/or management solutions, etc.

The Contractor shall provide a detailed, time-phased mobilization/transition schedule to properly and timely open the cafeteria facilities, if awarded the contract, inclusive of meeting the HSPD-12 security requirements. Detailed mobilization/transition schedule shall identify all key milestone dates from contract award date through service effective/start dates per the period of performance.

The schedule shall include any proposed buildouts of the serving area by the Contractor, and closure of the facility, if required, during the transition and any other requirement that may be a reason to delay the opening date.

Proposals will be evaluated on the extent to which they provide adequate management, staffing and communications, menu planning, as detailed below:

a. Staffing Plan.

The Staffing Plan addresses how the Contractor intends to accomplish the requirements of the PWS using in-house and subcontracted resources. Quotes will be evaluated on the extent to which they propose to (1) provide a qualified workforce; (2) ensure adequate and efficient resource coverage at all locations under this contract; and (3) minimize operational disruption as a result of contractor employee turnover and other constraints to employee availability.

Submission Requirements – In not more than five (5) pages formatted as described above, the Staffing Plan should include:

(i) Positions, their titles, and responsibilities. Identify the positions and individuals that are proposed as “key.”

(ii) Minimum qualifications for each position identified;

(iii) Training/certifications to be pursued for each position identified, as required;

(iv) Major Subcontractors/Contractor Team Arrangements (CTA) that will be used and their areas of responsibility.

• Offerors shall include a list of the name(s) and locations of all subcontractor(s) proposed for this requirement.

• The plan shall address, as appropriate, how it plans to overcome any service challenges (i.e., timely responses, scheduling, etc.) presented by proposed subcontractors are who geographically distant from the site of work.

• The plan shall detail each party’s roles and responsibilities,

(v) Description of how the contractor plans to recruit and retain personnel, particularly key personnel.

(vi) Description of how the contractor plans to fill vacancies as a result of attrition, including a proposed schedule for recruitment, selection, training, and transition.

(vii) Overall approach, priorities, and the work to be accomplished during the transition phase.

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(viii) A detailed Organization Chart with identified key personnel and proposed staffing (FTE and PTE) and flow of responsibility and authority.

NOTE: After award, the Contractor shall be obligated to adhere to the proposed minimum qualifications for each position. No changes to specific personnel proposed for key positions may be made without the government’s consent.

b. Operational Costs.

The Operational Costs addresses how the Offeror intends to operate and profit during the performance of this contract. Quotes will be evaluated on the extent to which this approach implements energy conservation initiatives to operate equipment and systems as efficiently as possible without compromising service to building tenants, as described in the PWS.

Submission Requirements - In not more than five (5) pages formatted as described above, the Contractor should describe in detail their accounting systems and procedures to include information required in complying with the terms of this contract.

The Contractor shall provide a projected annual operating budget (profit and loss statement) with a written explanation of how each budget line was developed (refer to the attachment in the PWS for a sample). Budget should be based on 250 business days per year, provide a sales model with the estimated customer participation, check averages and sales for each meal, provide a detailed list of all startup costs (POS systems, small wares, corporate support during opening, etc.), and provide procedures and responsibilities for internal audits that are conducted on operational controls, financial statistics, methods, procedures, and systems.

c. Innovative Solutions Approach.

The Contractor shall address their overall approach and processes that set them apart from the competition or otherwise benefit the Government beyond the requirements, i.e., time and/or cost savings, innovative solutions, staffing and/or management solutions, etc. The Contractor shall describe innovative operational techniques, leading to program agility and flexibility to meet customers expectation and maintaining customer interest to stimulate sales at the facility in a post-pandemic setting involving population drop due to telework and alternative work schedules.

Submission Requirements - In not more than five (5) pages formatted as described above, the Contractor should describe their approach to provide time and/or cost savings and other actions beneficial to the Government and subject location(s) during the performance of the requirements of this performance work statement. This includes, but is not limited to, staffing and/or management solutions, management and use of subcontractors, staff training, staff retention practices, and other actions specific to the Offeror.

d. Menu Planning.

Menu Planning shall demonstrate the Contractor’s approach to developing and pricing a menu around a comprehensive wellness program, Federal food service guidelines, and current market trends. Menu Planning should account for the anticipated customer traffic, available food stations, and fluctuation in traffic.

Submission Requirements – In not more than ten (10) pages formatted as described above, the Contractor shall provide proposed sample menus, prices, and portions for the Cafeteria and Coffee Bar Service, for the first three months of operations.

Menu(s) should be a complete menu representative of all food and beverage items you are proposing to sell from a particular station in the cafeteria on any given day. Outline plans on involving a registered dietitian or nutritionist in the preparation of the menus. The Contractor shall describe processes to providing portions controlled to meet caloric counts on standard menu items, their corporate and regional plans on how they intend to meet noted nutritional guidelines while applying the standards outlined in the dietary guidelines for Americans and any future modification to such standards. The Contractor shall describe food production/preparation methods and style of operation defining the percentage use of on-site cooking with fresh ingredients and the use of convenience/prepared food. Please provide specific menu items relative to your proposed menu in #1 of this Section.

2. Factor 02: Catering Services The Catering Services address how the Contractor intends to coordinate, staff, and perform the additional catering services described in this performance work statement.

Proposals will be evaluated on the extent to which they provide adequate management, staffing, coordination, and menu planning.

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Submission Requirements – In not more than ten (10) pages formatted as described above, the Contractor shall provide the contractors detailed plan for coordinating and executing services and menu planning, to include pricing, for catering events as described in the performance work statement. Reference the requirements under Factor 01 for menu planning.

3. Factor 03: Past Performance The Contractor shall provide information on their experience performing cafeteria food services similar in size, scope, and complexity to the requirements of the performance work statement. This criterion will evaluate the recency, relevance, and quality of the Contractor’s past performance. Include the following information from three (3) contracts that have completed within the last 3 years or currently being performing:

i. Name of project.

ii. CO’s name, address, telephone number, e-mail address, and fax number.

iii. Brief description of project.

iv. Contract number.

v. Type of contract.

vi. Term of contract.

vii. Value of contract.

Past Performance examples shall have a performance period of 1-year or greater.

The Past Performance information must include the client/customer point of contact sufficient for the Government to verify the information. Contracts with past performance information reported to CPARS are preferred but not mandatory.

In addition to the CPARS (or other forms), Offerors shall provide a one (1) page cover sheet, formatted as described above, for each of the three (3) references, with a detailed narrative on how the submitted reference meets the requirements described in this Factor.

4. Factor 04: Small Business Utilization (Applicable to Other Than Small Businesses Only) The Contractor shall provide a draft copy of their subcontracting plan. The subcontracting plan requirements are provided in FAR 19.704(a). The subcontracting plan shall contain all elements required in the FAR and shall contain separate statements and goals based on the total subcontracting dollars for the Base Period services and each of the Option Periods.

If the Offeror is a small business, submittal of a subcontracting plan is not required. This is not applicable to small business Offerors.

This criterion will evaluate the adequacy of the submitted subcontracting plan, ensuring that the required information, goals, and assurances are included.

For informational purposes, the Department of Commerce (DOC) Prime Contracting Goals are provided below.

Business Category NIST FY24 Prime Goals NIST FY24 Subcontracting Goals Small 58.50% 30.00% Small Disadvantaged 35.50% 15.00% Woman-Owned Small 14.75% 10.00% HUBZone Small 11.50% 3.00% Service-Disabled Veteran Owned 8.00% 5.00%

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52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

(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 non-price factors shall be used to evaluate offers:

• Factor 01: Cafeteria Food Service Management

• Factor 02: Catering Services

• Factor 03: Past Performance

• Factor 04: Small Business Utilization (Applicable to Other Than Small Businesses Only)

The Non-Price Factors shall be evaluated for (1) the Offeror’s understanding of Government requirements, (2) the quality of the proposed services, and (3) the likelihood of successfully performing the prospective contract.

The Evaluation Factors will be evaluated in order to make a Best Value Determination.

The Non-Price Factors, when combined, are approximately equal to price.

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

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

(End of Provision)

52.252-1 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):

https://www.acquisition.gov/browsefar

FAR Provision Number

Title and Reference

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-17 Ownership or Control of Offeror (Aug 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-20 Predecessor of Offeror (Aug 2020) https://www.acquisition.gov/browsefar

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52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.223-1 Biobased Product Certification (May 2012)

52.223-4 Recovered Material Certification (May 2008)

52.233-2 Service of Protest (Sept 2006)

52.237-1 Site Visit (Apr 1984)

(End of Provision)