FAR 52.212-1 Addendum.pdf

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items

Addendum to FAR 52.212-1(c), Period of Acceptance of Offers. This paragraph is tailored as follows: The offeror agrees to hold the prices in its offer firm for 180 days from the date specified for the receipt of offers.

Addendum to FAR 52.212-1(e), Multiple Offers. This paragraph is tailored as follows: Multiple proposals from the same offeror will not be accepted.

I. Proposal Format

A. General: The following instructions cover the preparation and submittal of the offeror’s proposal for this solicitation. Offerors must follow the instructions contained herein. Offerors are cautioned that any noncompliance with the terms and conditions of the Request for Proposal (RFP) may cause their proposal to be determined not eligible for award. If a joint venture arrangement exists for this acquisition, the offeror shall provide a copy of the joint venture agreement that is signed and dated by all joint venture members as part of the proposal submission. Offerors shall submit only one proposal for the Kirtland Air Force Base Food Services requirement as the Government will review only one proposal per offeror. All proposals received are subject to the requirements specified in FAR 52.212-1, unless otherwise tailored in this Addendum. Proposals must be received by 377 MSG/PKA, Attention: Katherine Parker, no later than the date and time specified in Block 8 on the face page of the RFP.

B. Communications: Exchanges of source selection information between Government and offerors will be controlled by the Contracting Officer. Exchanges of source selection information after submission of the initial proposal packages between the Government and offerors will be controlled by the Contracting Officer. All source selection information will be transmitted via the DoD SAFE Secure Access File Exchange at https://safe.apps.mil/. All electronic submissions shall reference the solicitation number in the subject line. Files are available in DoD SAFE for 7 days once submitted. If you do not have access to DoD SAFE, an email must be received by the Points of Contact (POCs) below for a drop-off request up to, but no later than, [date to be specified in final RFP]. This email shall contain the name and email address where the drop-off request will be sent. You will then receive an email containing a drop-off request link that will allow you to upload your proposal files. Once the drop-off request is sent, it is only valid for 14 days. Within DoD SAFE the proposals shall be submitted to the following Government POCs:

Katherine Parker Contracting Officer katherine.parker.2@us.af.mil Leann Lopez Contract Specialist leann.lopez@us.af.mil

It is strongly encouraged, but not required, that a separate email is sent notifying the above POCs that a proposal was submitted via DoD SAFE. Do not attach the proposal with this email.

Do not compress or separately encrypt the electronic files, but encryption via DoD SAFE is acceptable. The DoD SAFE file size limitation is 8.0 GB. As necessary, multiple DoD SAFE files needed to submit a complete proposal are acceptable; however, annotate the total number of expected submittals via separate email. NOTE: Communication containing documents in any other format than identified above may be blocked or stripped by the Government’s server and may not be received by this office.

II. Organization

A. General: Proposals shall be submitted to the Government in two (2) separate parts as set forth below:

Part Page Limit

Number of Copies

Description

I N/A 1 (Electronically)

Completed RFP and Mission Essential Services Plan

II TBD* 1

(Electronically)

Past Performance

* Will be listed in Final RFP

Proposals shall comply with the following format:

1. Each part shall be marked with the RFP number and the offeror’s name and address.

Proposals shall be in the English language and all monies shall be proposed in United States dollars.

2. Print shall be no smaller than a font size of 12. Paper size shall be 8 1/2” X 11,” excluding any drawings, diagrams, and/or supporting illustrations, spreadsheets, etc. Charts, graphs, drawings, diagrams, supporting illustrations, or spreadsheets shall not be greater than 11” x 17.”

Each volume within the proposal shall be separately identified. Margins shall be no smaller than 1 inch and each page within a volume shall be numbered consecutively. Elaborate formats, bindings, color presentations are not desired or required.

3. Page limitations may be placed on responses to Evaluation Notices (ENs), if issued. The specified page limits for EN responses will be identified in the letters forwarding the ENs to offerors or on the EN form itself.

4. Each page containing proprietary information should be so marked.

5. Each page should contain the following legend at the bottom of each sheet:

SOURCE SELECTION INFORMATION--SEE FAR 2.101 and 3.104

FOR OFFICIAL USE ONLY

B. Part I, Completed RFP

1. General: Volume I, Completed RFP shall consist of the completed and signed RFP, to include any amendments issued, with a cover letter delineating any exceptions taken to the RFP terms and conditions with accompanying rationale. However, offerors are cautioned that any noncompliance with the terms and conditions of the RFP may cause their proposal to be determined not eligible for award. Offerors shall ensure that all clauses and provisions that require “fill in” information are appropriately completed, including the proposed prices associated with the contract line items in the Schedule of the RFP.

2. Mission Essential Services Plan: In accordance with DFARS 237.7600, contractors who provide Government-determined essential contractor services shall provide a written plan to be incorporated in the contract to ensure the continuation of these services in crisis situations. Refer to provision DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services, for the required contents of the plan. The mission essential services plan will not be evaluated;

however, failure to submit the plan may cause the proposal to be determined not eligible for award.

C. Part II - Past Performance

1. General: The offeror shall submit Present and Past Performance Information for itself and any joint venture member in accordance with the format contained in the “FACTS Sheet” (See RFP Attachment 6) and the following paragraphs. The evaluation of the offeror’s/joint venture member’s present/past performance WILL NOT include the present/past performance of any subcontractor(s) even though they may perform major or critical aspects of this requirement.

2. Past Performance Format: The requested present and past performance information shall be provided in a separate part labeled "Part II - Past Performance". A summary page shall be provided for this acquisition, describing the proposed role of the offeror and any joint venture. Each offeror/joint venture member shall complete a separate FACTS Sheet for four (4) active or completed contract (with at least one year of performance history) in the past five (5) years from the issuance date of the RFP, that the offeror/joint venture member considers relevant in demonstrating its ability to perform the proposed effort. If the total number of such contracts exceeds four (4), each offeror/joint venture member shall address its four (4) most recent and relevant contracts.

3. Ordering Type Contracts Submission: If the contract you are submitting is an ordering type contractual vehicle (for example, including but not limited to an Indefinite Delivery “D” type contract per FAR Subpart 16.5), only after issuance of a delivery/task order does performance occur. Given this, an individual order (or series of orders) under the basic ordering contract shall be submitted, in lieu of just the basic ordering contract itself. All information provided to the Government, for an ordering type contractual vehicle, shall be at the order level (i.e. a delivery/task order).

When determining what order (or series of orders) to submit for evaluation, please reference FAR 52.212-2, Evaluation, Paragraph II.B for details on how the Government will evaluate each submitted effort for recency, relevancy, and quality. In order to achieve optimal programmatic/logistical scope and magnitude of effort and complexities, as described in Paragraph II.B, the offeror should consider submitting a series of orders, if possible. However, a series of orders should only be submitted if the series of orders is for continuous technical scope demonstrating relevancy to the instant acquisition. Not all ordering type contractual vehicles will have series of orders that meet this criteria. In this instance, only the single order demonstrating relevant technical scope should be submitted for evaluation.

When submitting an individual order (or series of orders) under an ordering type contractual vehicle, it is important that the offeror’s past performance information be accurate, complete, and in the correct format. If the information is not submitted in the correct format, the Government will not be able to evaluate the effort for recency, relevancy, and quality. There are specific places for submission of this information in the FACTS Sheet (RFP Attachment 6). Please ensure the information submitted, in the FACTS Sheet RFP (Attachment 6), is for each order (or series of orders), in lieu of just the basic ordering contract itself. This includes but is not limited to information such as the dollar value and period of performance. See paragraph 3.1 for further information on how to submit series of orders.

3.1 Series of Orders: When submitting a series of orders for evaluation, the offeror should list the orders under the basic ordering type contractual vehicle that demonstrate relevancy, as defined in the Relevancy Definitions in Paragraph II.B the addendum to FAR 52.212-2, Evaluation. Per the Note in Paragraph II.B, relevancy consists of not only technical complexities, but programmatic/logistical considerations. The programmatic/logistical considerations include dollar value and length of effort. If an offeror submits a series of orders for evaluation, the total dollar value of each order (in the series of orders) and the period of performance dates of each order (in the series of orders) shall be submitted. The total dollar value of each order (in the series of orders) shall be added up to calculate the Total Dollar Value to be used in the evaluation, for the submitted effort. The total period of performance of each order (in the series of orders) shall be added up to calculate the Total Period of Performance to be used in the evaluation, for the submitted effort.

Caution: All orders within the series of orders, being submitted, should be for the same continuous technical scope demonstrating relevancy to the instant acquisition. The Government reserves the right to request additional information from the offeror or Points of Contacts provided to verify that the series of orders is for the same continuous technical scope.

4. Key Personnel: The evaluation of the offeror’s/joint venture member’s present/past performance WILL NOT include the present/past performance of any key personnel.

5. Subcontractor/Teaming Member Consent Form: In addition to the information provided in the FACTS Sheet (RFP Attachment 6) for each entity as required above, the offeror must submit a consent letter executed by each of its proposed teaming member(s) authorizing release of adverse past performance information to the prime offeror to allow the prime offeror an opportunity to respond. A sample Subcontractor/Teaming Partner Consent Form is attached to this RFP (see RFP Attachment 7). The consent form shall be completed by the team member(s) identified in your proposal. The completed consent forms shall be submitted as part of your Past Performance submission.

6. Small Business Compliance in Past Performance Efforts: On the four (4) contracts submitted, include relevant information in the FACTS Sheet concerning the offeror’s/joint venture member’s compliance with FAR 52.219-8, Utilization of Small Business Concerns or FAR 52.219-9, Small Business Subcontracting Plan, if this clauses are or were contained in the contract. Please note that FAR 52.219-8 does apply to ALL businesses, whereas FAR 52.219-9 only applies to large businesses. When subcontracting possibilities existed on the contracts submitted by the offeror/joint venture member, address whether or not the offeror/joint venture member awarded subcontracts to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns to the fullest extent consistent with efficient contract performance.

If none of the submitted contracts included these clauses, whenever subcontracting possibilities existed in the performance of these contracts, address whether or not it was the offeror/joint venture member’s policy to utilize small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns to the fullest extent consistent with efficient contract performance.

7. FACTS Sheet: The offeror/joint venture member shall focus its FACTS Sheet responses so that they clearly correlate present and past performance with the requirements of this RFP. The FACTS Sheet responses must clearly describe the relevance of the effort to the work proposed.

The answering space on the FACTS Sheet may be expanded so that the filled-in FACTS Sheet for each relevant contract covers no more than both sides of three (3) 8 ½ x 11 inch pages (i.e., no more than eight (8) pages. (See paragraph 2, Relevancy Table and Paragraph N of the FACTS Sheet.) Provide the most current information for the Points of Contact (POCs) identified on the FACTS Sheets. At least two of the following (in descending order of availability) should be identified as current POCs on the FACTS Sheets:

(a) Procuring Contracting Officer/Contract Negotiator or equivalent

(b) Program/Project Manager, or equivalent

(c) Administrative Contracting Officer/Contract Administrator or equivalent

(d) Other (As specified in your FACTS Sheet)

If problems were encountered during the performance of the identified contracts, provide evidence of the ability to isolate the root causes of problems and include in the FACTS Sheet a description of programs or actions taken to resolve those causes. Problems not addressed in the FACTS Sheet, but found by the Government during the evaluation of the information in this volume, will be assumed to still exist. Note: In the case of Contractor Performance Assessment Report System (CPARS), if your input has already been provided and the rationale/circumstances have not changed, DO NOT repeat them here.

8. Past Performance Questionnaire: The Present/Past Performance Questionnaire (see RFP Attachment 8) will be one means used by the Government to obtain present/past performance information. The Government reserves the right to change, alter, and/or supplement the questionnaire without further notice to the offeror(s). The offeror shall send out and track the completion of the Present/Past Performance Questionnaires (See RFP Attachment 8) to each of the offeror’s, joint venture member’s and/or critical subcontractors’ (i.e., each entity’s) Points of Contact (POCs) identified in each FACTS Sheet. The responsibility to send out and track the completion of the Present/Past Performance Questionnaires rests solely with the offeror - i.e., it shall not be delegated to any other entity. The Transmittal Letter (see RFP Attachment 9) shall be used by the offeror in sending out the Present/Past Performance Questionnaires. Exert your best effort to ensure that at least two POCs per relevant contract submit a completed Present/Past Performance Questionnaire directly to the Government not later than the date established in the RFP for receipt of proposals. POCs must submit their completed Present/Past Performance Questionnaire electronically. If sending electronically, follow the procedures outlined in paragraph I.B. Communications above.

Once the Present/Past Performance Questionnaires are completed by your POCs, the information contained therein shall be considered source selection sensitive and shall not be released to you, the offeror. Therefore, any exchange/contact between the offeror/joint venture member and/or critical subcontractor and its own POCs in regards to comments made on the questionnaire is not permitted.

9. Client Authorization Letter: In the event that commercial contracts are presented as present/past performance sources of information, a client authorization letter shall be issued to those commercial POCs requesting/authorizing them to complete a Present/Past Performance Questionnaire. A sample client authorization letter is attached to this RFP (see RFP Attachment 10). The offeror is required to send the client authorization letter(s) with the Present/Past Performance Questionnaire(s) to each POC on commercial contracts. A separate copy of client authorization letter(s) for each commercial contract shall be included in the offeror’s Present/Past Performance submission for the Government’s use in case additional questionnaires need to be sent by the Government after the RFP due date.

10. Follow-up Discussions: The Government may conduct follow-up discussions with any of the people identified in the FACTS Sheets or in the offeror’s Present/Past Performance Volume.

Pursuant to FAR 15.305(a)(2)(ii), the Government may obtain other information by sending out additional questionnaires and/or through other sources, other than those listed within the FACTS Sheets.

11. RFP Attachment Legend: RFP Attachments 6 and 8 FACTS Sheet and Present/Past Performance Questionnaire must include the following legend at the top and bottom of the page:

SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104

FOR OFFICIAL USE ONLY

E. Price A separate Price Proposal is not required. The Total Evaluated Price calculation specified in FAR 52.212-2, Evaluation, will utilize the Contract Line Item Numbers (CLINs) prices and quantities identified in Schedule B. Offerors are advised to round to the nearest dollar.

The Government may determine a proposal “Unacceptable” should the proposed contract line item prices be significantly unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated. The Government may determine a proposal “Unacceptable” should any of the separately priced line items are significantly unbalanced. Offers should be sufficiently detailed to demonstrate their reasonableness and balance. The burden of proof for credibility of proposed prices rests with the offeror.

Adequate price competition is anticipated. However, if the CO is unable to make a determination of price reasonableness, or if the CO determines that adequate price competition no longer exists, the CO may request submission of other than certified cost or pricing data and may use other proposal analysis techniques as described in FAR 15.404-1(b) to the extent necessary, in order to make a determination of price reasonableness.

Please note New Mexico Gross Receipts Tax (NMGRT) may be applicable to the proposed effort. For assistance in determining the extent to which NMGRT may apply and applicable rates, contact the New Mexico Taxation and Revenue Department, (505) 841-6200, http://www.tax.newmexico.gov/Businesses/gross-receipts.aspx. No post-award adjustments to labor rates shall be made for the purpose of reimbursing Federal, State, and Local taxes and duties.