Vendor Questions Meals IDIQ Recompete 12.02.21 Amd #3.pdf

Vendor Questions and Responses to Meals IDIQ Recompete 12.02.2021

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Solicitation or Attachments RFP Section

Paragraph No.

Page No.(s)

Question Category (Contract or Technical)

Question

Sec B.3

Contract

This section states the contract minimum is $2,000 vs Attachment 2 pg 4 which states a task order minimum will be one truckload. Is the stated minimum per meal type or for the consolidated value of the two required meal types?

We estimate the value of a truckload to be in the range of $40,000-100,000. Should the minimum contract value in Section B.3 be changed to reflect the a truckload value or should the language in Attachment 2 be changed to reflect the lower dollar amount.

The minimum guarantee amount for contract holders shall be $2000.00; the minimum task order request shall be one truckload. The minimum guaranteed amount has no bearing on Task Order Proposal requests. No changes shall be made.

Sec C-15

Contract

FAR 52.223-99 Ensuring Adequate COVID -19 Protocols is included in this solicitation. The EO, the FAR Deviation and the Department of Homeland Security (DHS) FAR Supplement Deviation all provide this clause is not required with respect to contracts that call for the manufacture of products. There is currently a significant amount of uncertainty as to how or if this clause will be applied to contracts for goods. FEMA is currently the only

Government agency inserting this clause for these types of products. In our situation specifically, the counties where we operate plants are approximately 50% vaccinated which is representative of where we stand with vaccinations in our plant. It is very likely we cannot comply with the required timeframe for vaccinations without a significant loss of employees. The job market is so competitive today people not willing to vaccinate can leave our employ and simply move to another company not yet requiring vaccinations. We have put in place significant incentives for employees to be vaccinated and we are hopeful our numbers will rise over time but we do not believe it will happen quickly. Is it possible to delay the insertion of this clause now since it is permitted and add it to any resultant contract later when and if it is to be applied to contracts for goods? Doing so, may allow for a

"leveling of the playing field" as vaccination mandates are either more broadly applied or eliminated whichever the case may be.

This clause has been removed from this solicitation.

Attachment 2

I. Background

Technical Per the background information FEMA requires capacity to provide up to 21M meals during an emergency. This almost double the amount noted in the previous contract, however the 8M meals stocked by FEMA remains unchanged. Is there any intention to increase the number of meals stored in stock proportional to the increased requirement?

Per the Statement of Work, Section I (Background) the 21M meals requirement is sourced through a combination of FEMA stockpile, immediate fulfillment contracts, and federal partner stockpile. There is intention to increase the number of meals stored in stock proportional to the requirement.

I.

Background with reference to

Section VI

Delivery

Requirement

Previous contract noted: "FEMA conducted market research August 2016-October 2016, on the availability of reduced sodium meals for the youth and elderly populations. Based on market research results, it was determined that; (a) 36 month mandatory shelf-life was a limiting factor, hence a 30-36 month shelf-life; (b) commercial meals are normally stocked at a vendor's facility and (c) Reduced Sodium meals have to be specially made and may require longer ramp up time from receipt of distribution order to delivery. To mitigate the lead time in delivery order to delivery, Distribution Management Division (DMD)'s current strategy is to stock 8 million meals across its enterprise for immediate delivery during a response. FEMA's primary stockpiled meals are Reduced Sodium." The current statement of work does not address market research to validate the commercial availability of SDR's so we are unable to speak to the overall market availability of this type of ration, but have relevant experience in the

HDR ration, which is similar. The SDR style meal kit appears to mirror the specification of the Humanitarian Daily

Ration (HDR) which is produced under MRE contracts with DLA. This meal type is not currently available in the marketplace, has no commercial application, and is not stocked by any meal producer. The HDR is not required to be stocked under MRE contract and the typical lead times for this product is 60-90 days. Question number 21 in the previously posted and answered questions asks whether FEMA will guarantee the purchase of the 1.75 million

SDR's which the vendor would be required to deliver in 72 hours in an emergency. FEMA's answer refers to FAR

16.504 Indefinite Delivery Contracts which says: "The contract must require the Government to order and the contractor to furnish at least a stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum. The contracting officer should establish a reasonable maximum quantity based on market research, trends on recent contracts for similar supplies or services, survey of potential users, or any other rational basis. FAR 16.504 also requires :To ensure that the contract is binding, the minimum quantity must be more than a nominal quantity, but it should not exceed the amount that the Government is fairly certain to order." It is unclear, based on the FAR reference, what FEMA's expectation is from a contract holder for the SDR ration. Is FEMA's expectation the contractor will hold 1.75 million non-commercial SDR meals in inventory to be available within 72 hours with no obligation to purchase any measurable quantity under a contract? Note: without an inventory of finished products it is NOT possible to begin production or deliveries of a long shelf life ration of any type due to lead times for materials. The only way for FEMA to insure immediate availability of a long shelf life, non-commercial ration like the SDR is to purchase and hold its own inventory. Does FEMA intend to stockpile the SDR ration? If the expectation is for the contractor(s) to have an SDR inventory, is 1.75 million meals a reasonable amount to expect contractors to furnish within the stated 72 hours given the non stock nature of the meal type? Is the maximum 3.5M meals on the Reduced Sodium meals for emergency response a reasonable expectation? Are the minimum and maximum quantities stated in the document intended to be per contractor or an aggregate number across all contractors?

FEMA is considering storing the SDR ration. There will be no guaranteed purchase agreement for 1,750,000

SDR meals. DHS/FEMA follows the FAR Subpart 16.5 Indefinite-Delivery Contracts Procedures regarding minimum guarantee. The estimated amount varies each year by usage based on disaster operations making the

3.5M (Reduced Sodium) and 1.75M (SDR) meals requirement a reasonable expectation. The minimum quantities stated are intended to be per contractor and the maximum quantities can be either per contractor or an aggregate number between contractor’s dependent upon the disaster requirements.

VI. Delivery

SOW states: Each case shall contain 12 to 16 meals based upon vendor packaging with a minimum variety of four to six entrée meals per case. Due to the three meal types in the solicitation - should this be modified to state: Each case shall contain the number of meals and variety as required by the meal type being ordered. This allows for the various meal kit differences between Reduced Sodium, Commercial, and SDR.

Per the Statement of Work, Section VI (Delivery Requirement) Each case shall contain 12 to 16 meals based upon vendor packaging with a minimum variety of four to six entrée meals per case. This will meet the requirement.

6 Attachment 2 VI. Delivery Requirement

- 2. Delivery Order

4 Technical Any given task order will require minimum of one truckload of meals. Can FEMA please advise on the number of meals per truckload as the previous contract stated truckload minimum was 21,000 meals?

DHS/FEMA follows the FAR Subpart 16.5 Indefinite-Delivery Contracts Procedures regarding minimum guarantee. The estimated amount varies each year by usage based on disaster responses.

VI. Quantity

Are the 30 day & 72 hour requirements only for CONUS operations or does FEMA expect the same delivery parameters for OCONUS? Given the current environment for shipping containers, this would be very difficult to meet for the steady state exercises and not possible for the emergency responses.

Per the Statement of Work, Section VI (Delivery Requirement- 4. Quantity Requirement) During stock replenishment the Contractor shall have the capability to deliver…within 30 days of order. During Emergency

Response/Surge Operations the Contractor shall have the capability to produce and start shipping…within 72 hours of notification.

8 Attachment 2 Attach 1 - 1.

Reduced

Sodium Specifications

10 Technical Section states minimum 6 meal variety - should this be changed to say minimum 4 meal variety per Sec VI.

Delivery Requirements which allowed for 4-6 meal variety.

Should this be updated to reflect the revised variety minimums?

Please see Statement of Work Amendment 03 Attachment I -Meal Types and Specifications 1. Reduced

Sodium Meals Specification

9 Attachment 2 Attach 1 - 2.

SDR

Specifications

11-13 Technical The example for meal kit includes plastic utensil and paper napkin, however the Sec c. requires a 7" spoon and a moist towelette. The 7" spoon and towelette is a DLA requirement, could this section be revised to state plastic utensil and paper napkin?

Please see Statement of Work Amendment 03 Attachment I -Meal Types and Specifications 2. Survivor Daily rations (SDR) Specifications-Salient Characteristics.

10 Attachment 2 Attach 1 - 2.

Specifications

13 Technical Please advise why a Certificate of Conformance is required for the shelf life when not for the other meal types, this is a military requirement for HDR.

Please see Statement of Work Amendment 03 Attachment I -Meal Types and Specifications 2. Survivor Daily rations (SDR) Specifications - Salient Characteristics.

11 Attachment 2 Attach 1 - 2.

Marking/Lab eling/Packin g

13 Technical Should the mention of pictorial representation be removed, as it appears to have removed from all other sections per the recommendation suggested in Question 6 of Vendor Questions?

Please see Statement of Work Amendment 03 Attachment I -Meal Types and Specifications 2. Survivor Daily

Rations (SDR) Specifications - Markings/Labeling/Packaging

12 Attachment 2 Attach 1 - 2.

Marking/Lab eling/Packin g

14 Technical Could the requirement for a TTI (Time -Temperature Indicator) be removed, as this is a military requirement?

Per the Statement of Work Attachment I- Meal Types and Specifications 2. Survivor Daily Rations (SDR)

Specifications - Markings/Labeling/Packaging the time temperature indicator shall be applied to the outside of each box. This is a FEMA requirement.

Attach 1 - 2.

SDR

Marking/Lab eling/Packin g

The labeling being noted for cases is the military spec from DL Form 3356 requirements for Subsistence Semi- Perishable items. Can this be changed to allow for standard commercial labeling to address at minimum meal type, number of meals, net case weight, manufacturer and expiration date?

Please see Statement of Work Amendment 03 Attachment I -Meal Types and Specifications 2. Survivor Daily

Rations (SDR) Specifications - Markings/Labeling/Packaging

14 Attachment 2 Attach 1 - 3.

Commercial

Meal Spec

14 Technical Why does the Commercial meal have to provide a statement that no cross contamination has occurred during meal production and packaging as meal kits have already been required not have any nut products included.

There is an expectation for this requirement.

Attachment II 1. Drop Fee

The drop fee is used to cover the cost of trailer rental and recovery. Vendors have no control over the site to which these meals are delivered. FEMA solely dictates what happens in this situation and should bear the costs associated with detention, rental and recovery. The contractor should not be limited in its recovery of actual cost incurred. The current stated $150 per day makes it very challenging if not impossible to cover the cost to rent trailers, bob tail a tractor to pick up the trailer and then return it to its base of operations if a trailer is only dropped for a few days. Given the wide geographic distribution of FEMA disasters and their contractors and the current state of the trucking industry, contractor losses could be significant if FEMA has the trailer for less than 30 days. Would FEMA consider a minimum of 30 days for dropping and if minimum days not met then vendors could bill FEMA on a direct pass through basis charges of actual expenses incurred to recover?

Please see Statement of Work, Attachment II – Transportation Requirement- Emergency Response -1.

Drop Trailer & Daily Detention

16 Attachment 2 Attachment II

5. Reverse

Detention

18 Technical Can there be protections to the contractor & their TSP to ensure they have confirmed notifications for pick prior to the 72 hour clock for reverse detention beginning and charges accruing?

The prime vendor will be notified by the Contract Officer Representative (COR) when it is ready to be released back to the prime vendor/TSP. If a vendor does not have the notification from the COR then it shall not proceed; this is the only protection measure that can be provided.

17 Attachment 2 Attachment II Drop Fee

17 Technical Currently, daily Drop Trailer and Detention Rates are being quoted to us at $350.00 - $500.00/day. In Attachment II of the SOW it is stated that this rate will be reimbursed at only $150.00/day in the first year and increase by 2% in each option year. Are we to expect this pass through reimbursement to be only $150.00/ day, when our actual cost is much higher?

Yes, the maximum reimbursement will be $150.00/day.

18 Attachment 3 PPQ Technical As we have already submitted our Past Performance Questionnaires for this solicitation, are we expected to re-submit said questionnaires again for this amended solicitation? If so, are we expected to submit questionnaires from the same agencies?

If a PPQ has already been submitted on behalf of a vendor then a duplicate is not necessary to be submitted. All PPQs shall be submitted in accordance with instruction as stated in the RFP document.