Request_for_Proposal_CEP_Characteristics_6-24-2015_AG-3198-S-15-0041.pdf

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June 24, 2015

USDA Food and Nutrition Service

3101 Park Center Drive

Room 228

Alexandria, Virginia 22302

SUBJECT: REQUEST FOR PROPOSAL (RFP) # AG-3198-S-15-0041

Dear Offeror:

The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) anticipates awarding a performance based firm fixed-price contract for a contractor to conduct evaluations the acceptability of CEP to LEAs, the incentives and barriers for LEAs, and the implications of opting for this provision on student attendance, program participation, and per meal revenue. It also seeks to gain a better understanding of the operational issues that State

Agencies encounter administering this provision. Finally, the study will provide a basis to assess the impact of the identified student percentage (ISP) multiplier on program access, coverage, and per meal costs to LEAs and the Federal Government. Although current legislation sets the ISP multiplier at 1.6 and allow the Secretary of Agriculture to establish the multiplier between 1.3 and 1.6, this assessment of ISP multiplier will not be restricted to those limitations.

Please send questions regarding the solicitation via e-mail to Kevin Alexander at

Kevin.Alexander@fns.usda.gov and Thu Vo at Thu.Vo@fns.usda.gov. No phone calls will be accepted. All questions must be received by July 6, 2015 NLT 2 PM Eastern Daylight Time.

The due date for proposals to be received is July 23, 2015 NLT 2PM Eastern Daylight Time.

Send one (1) electronic copy of your proposal via e-mail to Kevin Alexander at;

kevin.alexander@fns.usda.gov and Thu Vo at; Thu.Vo@fns.usda.gov

Thank you in advance and we look forward to reviewing your proposal.

Sincerely, Thu Vo

Contracting Officer

Contract Management Division (CMD)

Food and Nutrition Service (FNS mailto:Kevin.Alexander@fns.usda.gov mailto:Thu.Vo@fns.usda.gov mailto:kevin.alexander@fns.usda.gov

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1. SUPPLIES OR SERVICES AND PRICES/COSTS

1.1. This solicitation is for a commercial, performance-based, firm fixed-price contract. This solicitation shall be conducted under FAR Part 12 in conjunction with FAR Part 13 procedures. This solicitation is a total set-aside for small business.

1.2. The base period of performance will be thirty-six (36) months from the date of award.

1.3 CLIN PRICING

PAYMENT SCHEDULE (Base Period of 36 months)

CLIN/SUB-

CLIN

TASKS

CLIN/SEB-CLIN/PAYMENT

MILESTONE DESCRIPTION

CLIN/SUB

CLIN

AMOUNT

PAYMENT

AMOUNT

001.1.1 Prepare a Revised Study and Analysis Plan $

001.1.2 Develop Data Collection Instruments $

001.1.3 Prepare OMB Clearance Package $

001.1.4

Obtain Compiled Listings of Eligible and

Participating SFA’s from State Agencies and

Assemble Sampling Frame, Draw Samples of

SFA’s

001.1.5 Collect Study Data $

001.1.6 Create Study Data and Analyze Study Data $

001.1.7 Prepare Study Reports $

001.1.8 Prepare and Submit Data Files $

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001.1.9 Dissemination of Study Findings $

Travel NTE Cost $

TOTAL(S) $ $

Travel in accordance with the Federal Travel Regulation (FTR) contained in 41 Code of Federal

Regulations (CFR), Chapters 300 through 304. This is a cost reimbursable line item. Travel shall not be made unless authorized by the COR. Payment will be made for actual expenses with proper supporting documentation.

2. SPECIAL REQUIREMENTS

Quality Assurance:

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Section 508 – Accessibility of Electronic and Information Technology:

(a) This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection

508(a)(1) requires that when the Federal Government procures Electronic and Information

Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and

Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards

(36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the

Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

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1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the

Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first. To access more information regarding

Section 508: http://www.access-board.gov/sec508/standards.htm.

Data Rights:

The Government has unlimited rights to all programs/documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational

Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the

Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting

Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the mailto:joseph.hodges@fns.usda.gov

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Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

ADP Compatibility:

The Vendor agrees to comply with both the U.S. Department of Agriculture’s (USDA) and the

Food and Nutrition Services’ (FNS) ADP system security requirements to the extent necessary to meet the requirements of the work herein. All databases created and maintained by the Vendor shall have proper validation and control techniques, and all ADP resources, including data tapes, which become the property of the Government shall be fully documented, both in source code (if any) and written materials. Software documentation shall include, as appropriate (in the determination of the COR), flowcharts; textual explanation of subroutines, processes, and algorithms; screens; and other materials as necessary to ensure that a programmer conversant with the language may maintain the software. Database documentation shall include: variable names and labels; variable locations the source of each data item; the formulas used to compute or transform variables, if any, database structure and relationship; a printout of the data or first

50 pages. Further, all data tapes must be compatible with FNS ADPE. FNS currently performs its computing applications using the MS Windows 7 operating system. Work performed under this contract may require transfer of limited data and text files, as well as extensive data tapes.

Optimum effort shall be general ease of use by FNS personnel of these transferred data tapes and

CD-ROM/DVD. In particular, all physical storage media must be on CD-ROM/DVD formatted to be used with MS Windows 7 compatible software/applications and must be accompanied by accessing and format information. In addition, there may be occasion where some task deliverables will be significantly enhanced by inclusion of data on CD-ROM/DVD, thus allowing further processing and manipulation by FNS staff. Collaboration between the Vendor and the responsible FNS official concerning appropriate computer deliverables may occur during performance of this contract, as appropriate.

Printing:

Unless otherwise specified in this contract, the Vendor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding

Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract. Provided, however, that performance of a requirement under this contract involving the duplication of less than 5,000 units in the aggregate of multiple pages, will not be deemed to be printing. For the purpose of this paragraph, such pages may not exceed a maximum image size of 10 3/4 by 14 1/4 inches.

Paperwork Reduction Act:

In the event that it becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act, 44 U.S.C., 3501 et seq., shall apply to this contract. In such an event, the Vendor shall not expend any funds to take any other action whatsoever to solicit information from any of the public respondents until the Contracting

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Officer has notified the Vendor in writing that the required Office of Management and Budget clearance has been obtained. The Vendor shall provide to the Contracting Officer's

Representative (COR) or to the Contracting Officer such information as will facilitate obtaining such clearance.

3. CONTRACT ADMINISTRATION

Post Award Conference:

Within the two weeks after contract award, the contractor shall provide a draft agenda to FNS and hold a telephone discussion with FNS to schedule the orientation meeting, discuss the agenda and decide who will attend the meeting. Within two weeks of the award of this contract, the contractor shall meet with FNS staff in Alexandria, Virginia. The purpose of this meeting is to refine expectations for the project, initiate working relations, review the contract Study Plan, address any challenges to design approach and/or data collection, and review the schedule of deliverables. Example of specific topics to be addressed at this meeting shall include, but not be limited to:

mutual understanding of project objectives and priorities;

overview of the sample design, data collection activities and data sources;

contract schedule, including milestones, dates for submission of deliverables, and required timeframes for clearance activities (data collection and reports);

formats for reporting data collection and general project progress;

protocols for all communications between the Contracting Officer’s Representative (COR), headquarters and regional FNS staff;

confirmation of subtask staffing; and potential challenges and possible strategies to successfully address them.

Within one week after the orientation meeting, the contractor shall submit to FNS an electronic copy of the draft Summary Memorandum documenting the discussion. It shall summarize the meeting, including an elaboration of project objectives, decisions reached, and identification of any outstanding issues and strategies for resolving them. The final meeting summary (in electronic form) shall incorporate FNS’s comments and be provided to FNS within one week of receiving FNS feedback.

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the contract. This authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the

Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) Only the Contracting Officer, Contract Specialist have the authority to contact the contractor to discuss costs and/or technical requirements of the contract.

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(c) Contact from other government employees could result in unauthorized commitments.

Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the Contracting Officer or COR. The

COR must be a part of all contacts and meetings with the contractor that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer or Contract Specialist. All contacts with the contractor must be documented and retained with the COR’s contract correspondence file. As deemed appropriate, one copy must be forwarded to the Contracting Officer. Examples of documented contacts are providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and subcontractor or consultant recommendations.

(d) The contractor shall designate one individual to be contacted during the period of the contract for handle contract administration in a prompt and timely manner:

Name:*

Title:*

Phone:*

Email:*

*to be completed by Contractor

(e) Contracting Officer (CO):

Thu Vo

Contract Management Division

Alexandria, VA 22302

Phone (703) 605-4717

Email: Thu.Vo@usad.fns.gov

(f) Contracting Officer’s Representative (COR):

Inserted upon award

Contracting Officer’s Representative (COR):

mailto:Thu.Vo@usad.fns.gov

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Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter into, and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under the contract. The CO is the only individual with authority to enter into, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

Award, agree to, or sign any contract, delivery order or task order. All contractual agreements, commitments, or modifications shall be made only by the CO.

Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

Grant deviations from or waive any of the terms and conditions of the contract.

Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract.

Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds.

Give direction to the contractor or to the employees of the contractor except as provided for in the contract.

Change the period of performance.

Authorize the purchase of equipment, except as required under the contract.

Authorize the furnishing of Government property, except as required under the contract.

Authorize subcontracting or the use of consultants.

Approve shifts of funding between line items of the budget.

Approve travel and relocation expense over and above that provided for in the contract.

Authorize the use of overtime.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of work, the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction until the contracting officer has issued a modification to the contract; or until the issue has been otherwise resolved.

CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

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(a) Pursuant to FAR 42.1502, this contract is subject to CPARS (if over $150,000). CPARS is an automated centralized information system accessible via the internet that maintains reports of contractor performance for each contract. CPARS is located at http://nslcptsmh.navsea.navy.mil/. Further information on CPARS is available at the website.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report.

(c) The contractor may request a meeting to discuss the CPAR. The meeting is to be requested via-e-mail to the CPARS Program Manager no later than seven days following receipt of the CPAR. A meeting will then be held during the contractor’s 30-day review period.

(d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name(s) of at least one individual (not more than three) that will be assigned as your Contractor

Representative for CPARS.

Name Phone E-mail Address

Submission of Invoices:

(a) Invoices shall be submitted to: http://www.ipp.gov/vendors/index.htm in accordance with the

“Authorized Payment Schedule” for each contract/task/order. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4; and mailto:Pamela.martin@fns.usda.gov mailto:Pamela.martin@fns.usda.gov

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10. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/vendors/index.htm

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s

Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

e-mail notification when invoice(s) are paid online payment history remittance download

The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or via e-mail at: cod.help@usda.gov.

4. CLAUSES

4.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov/far/.

52.212-4 Contract Terms and Conditions—Commercial Items (May 2015)

Addendum to 52.212-4

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Apr 2014)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters mailto:IPPCustomerSupport@fms.treas.gov http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm http://www.access-board.gov/sec508/standards.htm mailto:joseph.hodges@fns.usda.gov

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(Jul 2013)

452.204-71 Personal Identity Verification of Contract Employees (Oct 2007)

AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status for

Corporate Applicants

AGAR 452.224-70- Confidentiality of Information (FEB 1988)

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

4.2 Clauses Incorporated In Full Text:

52.217-8 Option to Extend Services. (Nov 1999)

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

AGAR 452.237-74 – KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Note: (The Program Director at a minimum shall be designated as key personnel)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (May 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract

Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Jul 2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.

6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

_X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of

Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X__ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637

(d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

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___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—

Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar

2012) (E.O. 13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

__X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act

(Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-

302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

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___ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (43) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

_X__ (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__X_ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (52) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

__X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41

U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.

7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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(x) 52.222-51, Exemption from Application of the Service Contract Act to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to

Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

AGAR 452.237-76 Progress Reporting (FEB 1988)

The Contractor shall submit a progress report monthly covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

(a) A cover page containing:

(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

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(3) Contractor's name and address;

(4) Author(s); and

(5) Date of report.

(b) SECTION I - An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.

(c) SECTION II - A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.

(d) SECTION III - A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.

(e) SECTION IV - A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and--if behind planned progress--what corrective steps are planned.

(f) SECTION V - If applicable, financial information shall be submitted for each major task or line item cost.

Data shall include:

(1) The total estimated cost budgeted (fee excluded).

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(2) The estimated cost expended during the current reporting period.

(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable.

(4) Total project to-date expenditures.

(5) Total remaining funds.

5. Contract Document, Exhibits, or Attachments

Attachment I - Performance Work Statement (PWS) w/Performance Requirement Summary labeled as Attachment 1-A

Attachment II – Past Performance Questionnaire

6. PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998).

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address

(es): http://www.arnet.gov/far/.

(End of provision)

6.1 52.212-1 Instructions to Offerors—Commercial Items (Jul 2013)

Addendum to 52.212-1 Incorporated by Reference

Addendum to 52.212-1 in Full Text.

http://nslcptsmh.navsea.navy.mil/

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6.2 SPECIAL INSTRUCTIONS:

6.2.1 Pass/Fail: This request for proposal (RFP) will be evaluated in two parts. Part 1 will be evaluated using a Pass/Fail rating method. An Offeror’s proposal that fails Part 1 will not be considered for award and the Government will not conduct any further evaluation.

Offeror shall provide the following for the Part 1 evaluation:

The Offeror’s firm, proposed subcontractor, or proposed project director (Key

Personnel) must have subject matter expertise in school foodservice operations and financial management aspects of the National School Lunch Program and School

Breakfast Program, and Child Nutrition Program regulations and policies including those related to special assistance alternatives such as the Community Eligibility

Provision, program integrity issues, and issues related to program participation, as evidenced by reports written for federal agencies or State governments, or peer-reviewed journal articles. Please provide specific citations in your response.

The Offeror’s firm, proposed subcontractor, or proposed project director (Key

Personnel) must have demonstrated experience in conducting large scale evaluations at a national level, including sampling, collecting and analysis of survey data, and producing high quality technical reports as evidenced by reports written for federal agencies or State governments, or peer-reviewed journal articles. Please provide specific citations in your response.

THE GOVERNMENT SHALL NOT PAY COST INCURRED IN SUBMISSION PROPOSAL

This solicitation does not commit the Government to pay any cost incurred in the submission of the proposal or in making necessary studies of designs for the preparation thereof, nor to contract for services or supplies.

GENERAL INSTRUCTIONS:

TECHNICAL PROPOSAL AND PRICE PROPOSAL CONTENT AND FORMAT:

Offerors shall submit original complete response to this solicitation consisting of two (2) volumes

1. Volume I: Pass/Fail Submission and Technical Proposal

2. Volume II: Pricing

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2. Labor Hours/Labor Mix Required to Complete the Task(s).*

Labor Category Rate

Discounted

Discounted

Rate

Proposed

Hours Total

Total Hours and FFP $

Note:

1. Volume I shall not include any reference to pricing.

2. Resource information such as data concerning level of effort and categories, materials, subcontracts, etc. shall be included in the technical proposal so that the Contractor's understanding of the Performance Based Work Statement may be evaluated.

Offerors shall submit:

Volume I: one (1) electronic copy and three (3) hard copies

Volume II: one (1) electronic copy and three (3) hard copies

Hardcopies shall be submitted to the following:

USDA, Food and Nutrition Service

Contract Management Branch, Rm 228

Solicitation# AG-3198-S-15-0041

Attn: Mr. Kevin Alexander

Hardcopy proposals shall be submitted using a three-ring binder. A cover sheet shall be inserted clearly marked with the solicitation #, title, date of submittal, acknowledgement of any amendments, Offeror’s name, address, Taxpayer ID number, CAGE code, and Offeror’s

POC name, phone, and email. The cover sheet shall not count against any page limitation.

Electronic proposals shall be compatible with Microsoft office product(s) and/or Adobe software and submitted to the following:

Kevin Alexander at Kevin.Alexander@fns.usda.gov

Thu Vo at Thu.Vo@fns.usda.gov mailto:Kevin.Alexander@fns.usda.gov

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TECHNICAL PROPOSAL:

Responses must be legible, double spaced in a type size with a one-inch margin on all sides, on paper not larger than eight and a half by eleven inches and not exceeding the page limits established in this solicitation.

The Technical Proposal shall not exceed 30 pages in length, double spacing, 12 point font, one inch margins; resumes and other business information, Past Performances and Staffing) are excluded from the page limit.

Pages shall be numbered consecutively; a page printed on both sided shall be counted as two pages. Pages submitted in excess of the page limitations stated above will be removed and not evaluated.

Offeror shall provide a cover sheet with the solicitation #, title, date of submittal, acknowledgement of any amendments, Offeror’s name, address, Taxpayer ID number, CAGE code, and Offeror’s POC name, phone number, and email address. The cover sheet shall not count against any page limitation. Mark each TAB with the correct TAB letter and contain the information cited below for that TAB.

Offerors shall submit, as part of their proposal, a table of content referencing the page and paragraph numbers that contain their response/methodology/narrative, on an item-by-item basis to all of the requirements and evaluation criteria listed in the following paragraphs and sub-paragraphs.

TAB A – Technical Approach

The proposal shall outline the Offeror’s approach and methodology in a way that demonstrates a clear understanding of the PWS. The Offeror shall submit a written narrative explaining the technical and qualitative descriptions of the proposed methodology that will be used to accomplish all research objectives, research questions, tasks, and any subtasks outlined in the Performance Work Statement

(PWS).

TAB B – Management Approach

The management approach shall demonstrate plan and procedures used to ensure quality, timeliness, responsiveness, customer satisfaction and other product/service control standards are achieved. The Offeror shall describe the qualifications of all key personnel in relation to their proposed roles. Offerors Key Personnel shall demonstrate they possess the qualifications and experience needed to meet the requirements of the PWS. Offeror shall provide resumes of Key Personnel.

Quality Control:

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The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which it assures that its work complies with the requirement of the contract. The Contractor shall submit the Quality Control Plan (QCP) with submission of their proposal. Three copies of a comprehensive QCP shall be submitted to the CO and COR within 5 working days when changes are made.

TAB C – Past Performance

The Offeror shall provide a description of past performance which contains a minimum of three (3) relevant experiences within the past three years to include contracts or task orders for work of the same or similar to the requirements specified in the PWS. This list must include the contract number, value, description, and technical/contracting points of contact (POC’s).

The POC’s…