Amendment 1 - AG-3K06-S-11-0003.pdf

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AG-3K06-S-11-0003

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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ARS-HQ-APD-AB-MD

BELTSVILLE MD 20705-5116

ROOM 3-2126A

5601 SUNNYSIDE AVENUE

USDA ARS AFM APD ACQUISITION BRANCH

05/17/2011000001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/04/2011

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(1) The due date for proposals is extended from May 20, 2011 to May 24, 2011.

(2) Response to Questions.

(3) Block 27b of the SF 1449 is applicable to this solicitation.

(4) See pages 2-7 for additional solicitation changes.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

LYNDIA V. COUNTEE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Solicitation No. AG-3K06-S-11-0003

1) Block 27B of the SF 1449 is checked and applicable to this solicitation.

2) Response to Questions.

1. Item 33 of the price schedule refers to testing Vitamin D2 and D2, but page 21 of the proposal refers to

Vitamin D2 and D2. Please confirm that USDA is requesting pricing on Vitamin D2 and D3 testing.

Response: USDA is requesting pricing on Vitamin D2 D3 testing.

2. In regard to Total Folate testing, please explain how the USDA will determine the enzymatic treatment of samples. When will single enzyme or tri-enzyme methods be specified by NDL (p. 27)?

Response: The tri-enzyme method for folate is used with foods that contains high levels of protein and/or starch.

3. In our lab runs 90% of these tests, but doesn’t do all, for instance if we haven’t tested Iodine and theobromine, can we still submit a technical proposal? Is it mandatory that we offer all of the tests in attachment II and none of it be subcontracted to a lab that performs or if we just haven’t run before, can we set up and validate for that one or two tests?

Response: Technical Proposals should be submitted for all the components/nutrients specified on the basic nutrient list in Attachment II. Offerors are not required to perform all the analyses on the expanded list.

Only list those for which you can demonstrate the ability to perform those analyses. List only analysis for which you can demonstrate the ability to perform.

3) FAR 52.216-19 Order Limitations is changed.

DELETE:

G. FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $300,000;

(2)Any order for a combination of items in excess of $600,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) Notwithstanding paragraph (b) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

REPLACE WITH:

G. FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $300,000;

(2)Any order for a combination of items in excess of $600,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

4) M. Additional Provisions and Clauses is changed.

DELETE:

M. Additional Provisions and Clauses

The following FAR provisions and clauses apply to this solicitation: FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007), FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010), FAR 52.204-7 Central Contractor Registration (APR 2008), FAR 52.216-27 Single or Multiple Award (OCT 1995), FAR 52.217-8 Option to Extend Services, FAR 52.227-14 Rights in Data – General (DEC 2007), FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984), FAR 52.239-1 Privacy or Security Safeguards (AUG 1996), FAR 52.244-6 Subcontracts for Commercial Items (DEC 2010), FAR 52.247-34 F.O.B. Destination (NOV 1991).

REPLACE WITH:

M. Additional Provisions and Clauses

The following FAR provisions and clauses are incorporated by reference.

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.216-27 Single or Multiple Award (OCT 1995) FAR 52.217-8 Option to Extend Services, FAR 52.227-14 Rights in Data – General (DEC 2007) FAR 52.239-1 Privacy or Security Safeguards (AUG 1996) FAR 52.244-6 Subcontracts for Commercial Items (DEC 2010) FAR 52.247-34 F.O.B. Destination (NOV 1991) https://www.acquisition.gov/far/current/html/52_216.html#wp1115057�

5) Instructions for Submission of Technical Proposal is changed as follows:

(b) Instructions for Submission of Technical Proposal:

Technical proposals shall not make reference to pricing data.

Offerors shall submit a Technical Proposal that includes detailed plans and procedures for conducting the analysis of nutrients and other components in foods of all items listed in Attachment II and Section A. Price Schedule (A.1 through A.5). Proposals for the analyses of foods shall cover either 1) all the components/nutrients specified in the basic nutrient list (Attachment II) plus any of the items on the expanded nutrient list (Attachment II) or 2) only specific items on the expanded nutrient list (Attachment II). Offerors must provide supporting documentation of their experience and/or demonstrated expertise for each nutrient listed in their proposal.

The technical proposal shall, at a minimum, address the following:

(1) Technical Approach

Proposals which merely paraphrase the Government’s scope of work will not be eligible for award. The technical approach shall identify specific methods and procedures that the Offeror will use to complete each task. The discussion shall include: staffing and management plan demonstrating how the requirements in the performance work statement will be performed;

description of number of samples and volume of material which can be handled; procedures for sample compositing and homogenization when required; any precautionary measures to prevent contamination and deterioration; and how samples are stored and the temperature; procedures for identifying, labeling and tracking samples.

The discussion shall also include for nutrients in the offeror’s proposal by nutrient, the analytical methods (give the title of the method, AOAC International method number if relevant, or a complete reference for any other proposed method, plus a detailed description of the method); justification and/or documentation for any modifications for specific food analyses; validation procedures for analytical methodology used in the lab; the limit of detection; limit of quantification; typical analytical sample size..

In addition to the above information on methods, specific information is needed on the following components:

• Indicate whether the single enzyme or tri-enzyme microbiological methods are used for folate analysis, and when.

• Specify which fatty acids are included in a standard analysis. Also indicate which fatty acids are included, along with methods of analysis, for the following categories: short chain fatty acids; long chain fatty acids; trans fatty acids; and omeg-3 (n-3) and omega-6 (n-6) fatty acids.

• Indicate the forms of vitamin D analyzed (e.g., vitamin D2, vitamin D3, 25-OH vitamin D3) and the methods used.

(2) Quality Control Plan

The proposal shall include detailed Quality Control Plan (QCP) procedures by which the accuracy and precision of the generated data are determined. This discussion should include the use of spikes, recoveries, blanks, blind duplicates, standard curves, internal standards, SRMs, in-house control materials, etc., and how these are used to validate the methods. Frequency of use for each QC measure, action level, and the action to be taken shall be stated. Representative quality control charts or reports for nutrients in foods and/or dietary supplements run within the last twelve (12) months shall be included for review with this proposal.

(3) Past Performance Information

Offerors shall provide information on past performance on contracts over the last three (3) years for the similar work called for in this solicitation which demonstrate an ability to meet the contract objectives. Companies will be evaluated on the extent and quality of past performance.

Offeror shall include the following information, as a minimum:

(i) The company name.

(ii) The contract title.

(iii) The contract type.

(iv) The total contract value.

(v) The narrative shall include: 1) size of the contract, 2) when completed, and 3) description of what was done. The foods and the nutrients/components analyzed for those projects shall be listed. Include the contract number and telephone number (s) of the individual contract monitor(s) with knowledge of the offeror’s performance record.

A brief description of requirement.

(vi) An individual’s name and contact information who can verify the information provided on the Offeror’s past performance.

(vii) North American Industry Classification System (NAICS) Code.

(4) Organizational Qualifications

The organization will be evaluated on its capability to successfully complete the project.

Availability and capability of individuals with expertise in carrying out nutrient/component analysis of foods and/or dietary supplements and related tasks (procuring samples, food preparation, preparing reports and quality control) are essential and shall be demonstrated.

The Principal Investigator and other key staff shall be identified. In the event specific individuals (other than the Principal Investigator) cannot be identified, job descriptions for positions appropriate to each task shall be supplied. Also, training procedures and criteria for assuring competency of individuals in each area shall be included. Previous experience conducting research in nutrient analyses of foods shall be identified. Equipment and facilities available to be utilized for the research shall be specifically identified. An outline of the time frame for step completion shall be included.

(5) Test Samples

Offerors in the competitive range after the initial evaluation shall analyze, at no cost to the government, no more than four (4) test samples per nutrient, in triplicate, and report the nutrient content as specified. All nutrients shall be considered of equal importance.

Analyses shall be conducted by the methods listed in the Offeror’s proposal. Test samples will be provided by USDA, Nutrient Data Laboratory (NDL) or its designee in amounts considered to be adequate for analyses. No additional sample material will be available.

The analysis of test samples will be evaluated against a range already established by the USDA, ARS, Nutrient Data Laboratory. Results shall be reported based on 100 grams of sample, edible portion in the units and number of decimals as specified in the Performance Work Statement, Attachment 1unless otherwise specified in the work order accompanying the analytical samples.

Both individual values and means shall be reported. Results are to be reported to the following address within one (1) week of receipt of the samples:

USDA/ARS/AFM/APD/AB

Attn: Lyndia Countee 5601 Sunnyside Avenue, Mail Stop 5116, Room 3-2126B Beltsville, MD 20705-5000

(6) Small Business Subcontracting Plan

If this proposed contract exceeds a total estimated cost of $650,000 for the entire period of performance, the Offeror(s) shall be required to submit an acceptable subcontracting plan in accordance with the terms of the clause FAR 52.219-9 Small Business Subcontracting Plan (JAN 2011) incorporated herein by reference in this Solicitation. This provision does not apply to small business concerns.

An outline of subcontracting plan elements that may be helpful for comparison to submitted plans are located at: http://www.usda.gov/procurement/toolkit/etcetera.htm

The SBA Government-wide small busines statutory goals are:

Category Prime Contracts Subcontracts Small Business 23% 40% Small Disadvantaged Business 5% 5% *8(a) ½ of SDB N/A Women-owned Small Business 5% 5% HUBZone Small Business 3% 3% Service Disabled Veteran-owned 3% 3%

*USDA will retain the 5% goal for 8(a) prime contracts.

Goals must be expressed in terms of dollars and percentages.

(c) Instructions for Submission of Price Proposal:

Offerors shall submit the following:

(1) Standard Form 1449. Must have original signature.

(2) The Offeror shall propose Fixed Unit Prices for analyses listed in Attachment II as applicable.

(3) The Offeror shall complete Section I.A. of the solicitation.

(4) FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (APR 2011) (See

VII.)

V. FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following technical factors shall be used to evaluate offers. They are listed in descending order of importance:

Technical Approach Quality Control Plan Past Performance Organizational Qualifications Small Business Subcontracting Plan

Technical merit plays a significant role in determining contract award. All evaluation factors other than price, when combined are significantly more important than price. The Contracting Officer shall determine what trade-off between technical merit and price promises to be the best value to the Government, price and other factors considered.

http://www.usda.gov/procurement/toolkit/etcetera.htm�

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

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

VI. FAR 52.233-2 Service of Protest (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Lyndia V. Countee, USDA/ARS/AFM/APD, 5601 Sunnyside Ave., Beltsville, MD 20705-5116.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

VII. On-Line Representations and Certifications (ORCA)

Vendors are directed to complete all representations and certifications electronically at http://orca.bpn.gov. Vendors who do not have access to the Internet or feel they need additional Internet help should contact the Contracting Officer issuing this solicitation.

Authorized Negotiators

The offeror shall, in the spaces provided below, fill in the names of all persons authorized to negotiate with the Government in connection with this request for proposals. (List the names, titles, telephone numbers and electronic mail addresses of the authorized negotiators.)

NAMES & TITLES TELEPHONE

NUMBERS

ELECTRONIC MAIL

ADDRESSES

http://orca.bpn.gov/�