2.2.1 SF 1449 Solicitation 70FB7025R00000003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

70FB70

See Schedule

000000 CODE 16. ADMINISTERED BYCODE

X

X

X

311991

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FB70

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

11/19/2024 1800 ES

11/18/2024

Ebenezer Wilson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB7025R00000003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 68 AN01561Y2025TOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

VARIOUS LOCATIONS

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

FEMA-INCIDENT SUPPORT SECTION

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

FEMA-INCIDENT SUPPORT SECTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472 USA

The Purpose of this solicitation is to deliver retail sized canned and packaged goods to identified food bank locations within the State of North Carolina. The contractor shall be responsible for all management, labor, (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Edward Ruud

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

transportation, equipment, packaging, safety, and adherence to all applicable local, state, federal ordinances and regulations, transportation permit or licensing requirements. The food bank locations will be responsible for unloading and providing receipt verification of items received.

All other terms and conditions remain unchanged.

Delivery: 45 Days After Award

Period of Performance: 11/29/2024 to 02/14/2025

0001 BOC 2663 NC Food Bank Contract POP 30D RRCC 1 EA

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

68 2 of

500 C Street, SW

Washington, DC 20472

Date: November 18, 2024

Subject: A Request for Proposal (RFP) for retail sized canned and packaged goods to identified food bank locations within the State of North Carolina. See attached Pricing

Schedule and Statement of Work (SOW) for specific quantities.

This is an RFP to establish one or more Firm‐Fixed‐Price (FFP) contracts for retail sized canned and packaged goods per attached SOW and Pricing Schedule for retail sized canned and packaged goods. FEMA intends to procure these canned and packaged goods to support FEMA’s response to disaster, as further described herein and the attached

SOW. Pursuant to FAR 52.219-6, each potential small business offeror is being provided a fair opportunity to be considered for this order.

An award will be made to the offeror that submits a proposal providing best value based on the evaluation criteria set forth herein. Unless one offeror can fulfill the entire requirement and represents the best value to the Government, the Government intends to make multiple awards.

Awards will be made to offerors whose proposals are most advantageous to the Government considering nonprice evaluation factors and price.

Contractor(s) shall provide the specifications provided in the pricing schedule which shall be delivered within 45 days of contract award.

You are hereby requested to submit a technical proposal and pricing, in response to the project description outlined in the attached SOW.

Period of Performance:

The period of performance of the contract will be from date of award for 45 days.

Government Points of Contact

The Government Officials assigned to this contract are as follows: Contracting Officer:

Name: Edward Ruud

Email:edward.ruud@fema.dhs.gov

Contract Specialist:

Name: Danielle Sweetney

Email: danielle.sweetney@fema.dhs.gov mailto:edward.ruud@fema.dhs.gov mailto:danielle.sweetney@fema.dhs.gov

Contracting Officer’s Representative: Name: TBD E-mail: TBD

Billing Instructions

Contractors will use Standard Form 1034 (Public Voucher for Purchases and

Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor can submit weekly invoice payments.

Contractors must submit vouchers electronically in pdf format to the FEMA

Finance Center at FEMA Finance- Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting

Officer, and the payment office.

Defective or Improper Invoicing

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

Invoice Approval

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services, and to review and approve invoices for this contract:

Authorized Invoice Approver

Name: TBD Email: TBD

Office Number: TBD

Invoice Instructions

Invoices shall be submitted as follows:

mailto:gerald.wright@fema.dhs.gov http://www.gsa.gov/portal/forms/type/SF mailto:Vendor-Payments@fema.dhs.gov mailto:gerald.wright@fema.dhs.gov

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than

Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line-item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions:

SF 1034--Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Award Number and Date - insert the number and date of the contract and if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words

"FINAL" (e.g. Invoice No. 1234- FINAL).

(6) Schedule Number; Paid By; Date Invoice Received - leave blank.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(Name of Official) (Title)

(13) Quantity: Unit Price - insert for supply contracts.

(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

INVOICE PREPARATION INSTRUCTIONS SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.

Voucher Number - insert the voucher number as shown on the Standard Form 1034. Schedule

Number - leave blank.

Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.

Number and Date of Order - insert payee's name and address as in the Standard Form 1034.

Articles or Services - insert the contract number as in the Standard Form 1034.

Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

A summary of claimed current and cumulative goods and services delivered and accepted to date.

- Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line-item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

I. EVALUATION FACTORS AND METHODOLOGY

The technical factors for this award are:

1) Technical Approach and Understanding

2) Management Approach & Delivery Schedule

3) Past Performance Evaluation

The non-technical evaluation factor for this award is:

4) Price

Volume 1 Non-Price Technical Factor

The Government’s evaluation of the Offeror’s technical solution will be based on the following:

Volume 1 Non-Price Technical Factor

Factor 1: Technical Approach/Adequacy/Understanding

Technical Approach, Adequacy, and Understanding will be evaluated by assessing the likelihood that the Offerors’ proposed technical approaches/plans will meet the

Government’s requirements, including any associated risk of the Offeror’s non-performance in the technical solution. The emphasis of this factor will be the ability of the Offeror to demonstrate their approach, and understanding of the overall requirement, and the applicability of their proposed solution to the requirements and challenges associated with the requirement.

The Government’s evaluation of the Offeror’s technical solution will be based on the following:

• Subfactor 1.1 Capability: The Government will evaluate the Offeror’s capability to provide large amount of retail canned and package goods in both capacity and time constrained environments. Including verification of having in stock and or the capability of securing the product listed in the SOW.

• Subfactor 1.2 Analyze Logistics: The Government will evaluate the Offeror’s understanding of the management, labor, transportation, equipment, packaging, safety, and adherence to all application local, state, and federal ordinances and regulations required for this contract.

• Subfactor 1.3 Specific Product Requirements: The Government will evaluate the

Offeror’s understanding of the requirement for up to 50% of the required product needing to be pop top/easy open product.

Factor 2: Management Approach & Delivery Schedule.

The Government will evaluate offeror’s management approach & delivery schedule by assessing the Offeror’s comprehensive approach, knowledge, and qualifications with meeting the Government’s requirement.

The proposal shall outline its approach, experience, methodology to perform the stated task identified in the SOW. The Government will evaluate the Offeror’s proposal on the overall understanding of the following:

➢ Identifies qualified personnel that will be on site to verify delivery of product.

➢ Identified staff that will attend any ad-hoc coordination meetings with FEMA staff if requested.

➢ Degree in which the Quality Control:

• Identifies how the Contractor will work with the delivery site on schedule of deliveries depending on capability of the site that may change during the 45 days requirement.

• Identifies how the Contractor will ensure that the product meets all Federal, State, Local laws pertaining to food quality as it arrives.

• Identifies how the Contractor will work with FEMA staff on the ground to ensure the contract requirements are meet.

Delivery Timeframe:

The contractor shall deliver all products outlined in section 2 of the SOW within 45 days of award of the contract with an initial delivery of product starting within 5 days.

1.1 Packaging

The contractor shall package all items per industry standards.

1.2 Delivery Location

Delivery shall be made to the fowling locations with additional locations to be provided as facilities are identified all within the State of North Carolina with accessible roads for semi-truck capability.

• Location 1:

Second Harvest Food Bank of

Metrolina 500 Spratt St B

Charlotte, NC 28206

Site POC: Provided at time of contract award.

• Location 2:

MANNA Food Bank

99 Boradpointe Road

Mills River, NC 28759

The Contractor shall provide a delivery schedule to meet the 45-day requirement for both locations that includes a daily and or weekly number of truck deliveries with a breakdown of items by type per truckload in accordance with the SOW. The contractor will need to provide verification of having in stock and or the capability of securing a minimum of 50% of the product listed to ensure an immediate start once awarded. This schedule may be modified dependent on facility hours of operation, receiving facility capabilities, and weather impact that are unforeseen, any changes must be approved by FEMA POC in advance.

Following Items Delivered to Location #1

Second Harvest Food Bank of Metrolina

500 Spratt St B Charlotte, NC 28206

*This location will require pop top/easy open items primarily

Item Total Quantity Size Notes

Fruit #300 Can (Peaches, Pears, Plums, Mixed Fruit) 472,080 15-24oz 50% or more pop top/easy open

Vegetables #300 Can (Green Beans, Corn, Carrots, Peas, Mixed Veg)

472,080 15-24 oz 50% or more pop top/easy open

Protein (Tuna, Beef Stew, Chili, Chicken) Can or Pouch 472,081 Various Sizes Can or Pouch

Peanut Butter Jar 218,830 16-18 oz

Cereal Bowls various flavors 470,000 1-2 oz Individual Bowls

Snacks (Trail Mix, Granola Bars, Breakfast Bars, Protein Bars)

2,756,000 1-2 oz

Following Items Delivered to Location #2

MANNA Food Bank

99 Boradpoint Road Mills River, NC 28759

Item Total Quantity Size Notes

Fruit #300 Can (Peaches, Pears, Plums, Mixed Fruit) 215,424 15-24oz

Vegetables #300 Can (Green Beans, Corn, Carrots, Peas, Mixed Veg)

152,832 15-24 oz

Protein (Tuna, Beef Stew, Chili, Chicken) Can or Pouch 442,400 5.5 oz - 15.5oz Can or Pouch

Corn Tortilla

100,000 6” inch round minimum

20 per package minimum

Flour Tortilla

100,000 6” inch round minimum

20 per package minimum

White Corn Masa 200,000 2.5-4 lbs. Bag

Diced Tomatoes 152,832 15-24 oz

Pasta Bag/Box 80,000 12-16 oz

Spaghetti Sauce Can/jar 152,832 15-24 oz Can/Jar

White Rice bag/box 132,000 1-5 lbs. Bag/Box

Black Beans can 152,832 15-20 oz Can

Pinto Beans can 76,416 15-20 oz Can

Cereal Box/Bag 140,000 17-32 oz Box/Bag

Shelf Stable Milk and or Powdered Milk 116,280 24-32 oz

Factor 3: Past Performance Evaluation

The Past Performance factor will be evaluated against the stated criteria and the rating assigned to each individual past performance record using the following descriptive ratings and definitions:

• Relevance: The Government is not bound by the offeror’s opinion of relevance.

The following definitions apply:

• Relevant: Past/Present performance effort involved the same or much of the magnitude of effort, complexities, and contract dollars this RFP requires.

• Not Relevant: Past/Present performance effort did not substantially involve the effort, complexities, and contract dollars this RFP requires.

• An offeror with no relevant past performance history with receive a rating of

“Neutral.”

In evaluating the past performance, the Government will consider information obtained from past and present customers. By past performance, the Government means the Offeror’s record of conformity to specifications and to standard of quality of service, timeliness of performance, business relations, compliance with safety and security requirements, and contractual considerations.

The Government will evaluate the Offeror’s past performance on pervious contracts similar in size, scope, and complexity to the requirements of this solicitation. Only past performance data on efforts of this type, completed within the last three years, or work that is ongoing, will be evaluated. The Government will not restrict its considerations to the information provided in the proposal and may consider any other available information, such as the Contractor Performance

Assessment Reporting System (CPARS). The Government reserves the right to obtain and utilize information obtained by the Government from sources other than those identified by the offeror.

Factor 4: Price

Price Factor 4 will not receive a confidence rating. Offerors shall complete the attached Price

Template (Attachment II). The pricing schedule should not be modified in any way, or given hidden formulas/etc. The offerors should only fill out column C. Offerors shall submit Price

Template in both Excel and PDF formats. Any missing information will deem the price proposal incomplete, and the offeror will no longer be considered for award. The document must be completed without alterations to the format.

The total evaluated price will be calculated by adding the price for each CLIN. The total evaluated price will be utilized to ensure that the offeror’s price is fair and reasonable. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Offerors are cautioned that unreasonably high prices may cause your proposal to be deemed not fair and unreasonable.

In evaluating price, the Government will utilize one or more proposal analysis techniques from

FAR 15.404-1. Examples of such techniques include, but are not limited to the following:

• Comparison of proposed prices received in response to the solicitation. Normally, adequate price competition establishes a fair and reasonable price.

• Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items. This method may be used for commercial items including those “of a type” or requiring minor modifications.

• Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

• Comparison of proposed prices with independent Government cost estimates.

• Comparison of proposed prices with prices obtained through market research for the same or similar items.

• The government will examine offerors price for reasonableness and price realism.

Order of Importance – Factors 1, 2 and 3 are all equal in importance. All technical evaluation factors other than price, when combined, are significantly more important than price. A rating of

“unsatisfactory” in any of the technical factors will disqualify the Offeror from further consideration for award.

II. PROPOSAL INSTRUCTIONS

Please submit your proposal in two (2) separate documents.*

1. Technical Proposal – Not to Exceed (NTE) 20 Pages

a) Factor 1 – Technical Approach

b) Factor 2 - Management Approach & Delivery Schedule

c) Factor 3 – Past Performance

2. Non-Technical (Price) Proposal – no page limit

*Both Technical and Non-Technical (Price) Proposal documents shall be submitted electronically in Adobe PDF format.

All questions must be submitted by NLT 6:00 PM ET on November 18, 2024. Questions after deadline will not be accepted.

Technical and Non-Technical (Price) proposals must be submitted by NLT 6:00 PM ET on

November 19, 2024, to the emails listed below:

Points of Contact:

Edward Ruud, Contracting Officer – Edward Ruud.@fema.dhs.gov

Danielle Sweetney - Danielle.Sweetney@fema.dhs.gov

2. TECHNICAL PROPOSAL INSTRUCTIONS

The Technical proposal shall address the following:

FACTOR 1 - Technical Approach/Adequacy/Understanding

Technical Approach, Adequacy, and Understanding will be evaluated by assessing the likelihood that the Offerors’ proposed technical approaches/plans will meet the Government’s requirements, including any associated risk of the Offeror’s non- performance in the technical solution. The emphasis of this factor will be the ability of the Offerer to demonstrate their approach, abd understanding of the overall requirement, and the applicability of their proposed solution to the requirements and challenges associated with the requirement:

• The Government will evaluate the Offeror’s capability to provide large amount of retail canned and package goods in both capacity and time constrained environments.

• The Government will evaluate the Offeror’s understanding of the management, labor, transportation, equipment, packaging, safety, and adherence to all application local, state, and federal ordinances and regulations required for this contract.

• The Government will evaluate the Offeror’s understanding of the requirement for up to 50% of the required product needing to be pop top/easy open product.

Factor 2: Management Approach & Qualifications

The Government will evaluate offeror’s management approach & qualifications by assessing the Offeror’s comprehensive approach, knowledge, and qualifications with meeting the Government’s requirement.

The proposal shall outline its approach, experience, methodology to perform the stated task identified in the SOW. The Government will evaluate the Offeror’s proposal on the overall understanding of the following:

• Identifies qualified personnel that will be on site to verify delivery of product.

• Identified staff that will attend any ad-hoc coordination meetings with FEMA staff if requested.

• Degree in which the Quality Control:

mailto:Edward%20Ruud.@fema.dhs.gov mailto:Danielle.Sweetney@fema.dhs.gov o Identifies how the Contractor will work with the delivery site on schedule of deliveries depending on capability of the site that may change during the 45 days requirement.

o Identifies how the Contractor will ensure that the product meets all

Federal, State, Local laws pertaining to food quality as it arrives.

o Identifies how the Contractor will work with FEMA staff on the ground to ensure the contract requirements are meet.

The following table shows the ratings that will be used for Factor 1 & 2:

Rating Description

Superior Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has significant strengths that will significantly benefit the

Government and risk of unsuccessful performance is very low.

Good Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards. Proposal has one or more strengths that will benefit that Government and risk of unsuccessful performance is low.

Satisfactory Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards. Proposal presents an acceptable solution with no strengths and risk of unsuccessful performance is moderate.

Unsatisfactory Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.

Factor 3: Past Performance Evaluation

The Government will evaluate the Offeror’s relevant past performance. The government will consider the relevance of past performance information obtained in relation to similar complexity and magnitude of this procurement, considering such factors as similar size, scope, complexity, completed by the firm. Past Performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort, will be given additional weight in the evaluation process.

Past performance on contracts that are more technically relevant to this requirement and similar in scope will be considered more heavily than performance on contracts that are less relevant and of smaller scope. Information to be evaluated under this factor will relate to the contractors past performance with other similar contracts or task orders.

• Quality of the Offeror’s work

• Customer satisfaction

• Timeliness of performance and the completion of the contract

• Ability to operate within the projected cost estimates.

In the case of an Offeror without a record of relevant experience or past performance, the

Government may research federal (CPARS and PPIRS), state, local and commercial sources to determine the contract performance of the Offeror that is not included in the submitted

Past Performance Information. The Government reserves the right to research the above sources for all offerors. Additionally, evaluator knowledge of Offeror performance may be utilized.

The Offeror shall identify contracts or task orders (from the PRIME offeror) with the government or industry that demonstrate past performance. Relevant is defined as work similar in complexity and magnitude to the work identified in this solicitation.

The offeror shall include the following past performance information in their Proposal:

1. Project Title

2. Description of the Project

3. Contract/Task Order Number

4. Contract/Task Order total Amount

5. Government Agency/Organization

6. COR’s name, address, telephone number and email address

7. Contracting Officer’s name, address, telephone number and email address

8. Current status, e.g. completed and/or in progress, start and estimated completion dates.

9. A brief narrative of why your company believes this reference is relevant to the solicitation.

10. Timeliness of performance and the final completion of the contract

The following table shows the ratings that will be used to evaluate Factor Three (3) –

Past Performance:

Rating Description

Neutral No relevant past performance record is identifiable upon which to base a meaningful performance risk prediction. A search was unable to identify any relevant past performance information for the Offeror, personnel, or subcontractors.

Superior Based on the Offeror’s past performance record, essentially no doubt exists that the Offeror will successfully perform the requirement.

Satisfactory Based on the Offeror’s past performance record, it is likely that the Offeror will successfully perform the required effort

Unsatisfactory Based on the Offeror’s past performance record, it is not likely that the Offeror will successfully perform the required effort.

Volume III – Price Proposal

Factor 4: Price

The Government will presume that the Offerors’ price proposal represents their best effort in responding to the solicitation. Inconsistencies between proposed performance and price, shall be explained in the proposal. Any inconsistency, if unexplained, may raise a fundamental issue as to the Offerors’ understanding of the nature and scope of the work required and of its financial ability to perform the contract. The burden of proof will rest with the Offeror.

Must complete the attached pricing schedule in Excel Spreadsheet with no locks or hidden formulas, tabs, or sheets.

Price Factor 4 will not receive a confidence rating. Offerors shall complete the attached

Price Template (Attachment II). The pricing schedule should not be modified in any way, or given hidden formulas/etc. The offerors should only fill out column C. Offerors shall submit Price Template in both Excel and PDF formats. Any missing information will deem the price proposal incomplete, and the offeror will no longer be considered for award. The document must be completed without alterations to the format.

The total evaluated price will be calculated by adding the price for each CUIN. The total evaluated price will be utilized to ensure that the offeror's price is fair and reasonable. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Offerors are cautioned that unreasonably high prices may cause your proposal to be deemed not fair and unreasonable.

In evaluating price, the Government will utilize one or more proposal analysis techniques from FAR 15.404-1. Examples of such techniques include, but are not limited to the following:

• Comparison of proposed prices received in response to the solicitation.

Normally, adequate price competition establishes a fair and reasonable price.

• Comparison of proposed prices to historical prices paid, whether by the

Government or other than the Government, for the same or similar items.

This method may be used for commercial items including those "of a type" or requiring minor modifications.

• Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

• Comparison of proposed prices with independent Government cost estimates.

• Comparison of proposed prices with prices obtained through market research for the same or similar items.

Order of Importance - Factors 1, 2 and 3 are all equal in importance. All technical evaluation factors other than price, when combined, are significantly more important than price. A rating of "unsatisfactory" in any of the technical factors will disqualify the

Offeror from further consideration for award.

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.

III. CLAUSES AND PROVISIONS

FAR 52.204-23 Deviation Prohibition on Contracting For Hardware, Software, And Services

Developed Or Provided By Kaspersky Lab And Other Covered Entities (Deviation 20-05)

(a) Definitions. As used in this clause-

"Covered article" means any hardware, software, or service that-

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity. "Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4)Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year

2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at

NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting

Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting

Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph ( c )(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number ( s ), if applicable; supplier name; brand; model number

(Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause) mailto:Incidents@hq.dhs.gov

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph I(1) in the provision at

52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph I (2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the

Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and http://www.sam.gov/

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

FAR 52.204-25 Deviation Prohibition On Contracting For Certain Telecommunications And

Video Surveillance Services Or Equipment (Deviation 20-05) (Dec 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China. “Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third- party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August

13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.