09R0003 Far East and Guam Sol.doc

Section SF 1449 - CONTINUATION SHEET

DELI, BAKERY AND SUSHI FOOD PRODUCTS

FFP

PROVIDE DELI, BAKERYAND SUSHI FOOD PRODUCTS AND ATTENDANT SERVICES, AS REQUIRED, for resale in the Defense Commissary Agency, Western Pacific Region, Far East commissaries. Types of operations at specific locations are set forth below.

TYPE 1 - Full Service Deli/Bakery Operation with a Hot Food Program (8 locations). A Hot Foods Program may include only rotisserie chicken, or it may require other hot meats, entrees, and side dishes. Please check the Government Furnished Equipment List at Attachment 5 for more details.

JAPAN SOUTH KOREA OKINAWA

Misawa Yongsan Kadena

Yokota Osan Camp Foster

Yokosuka Taegu

TYPE 2 - Full Service Deli/Bakery Operation (2 locations)

OKINAWA, Camp Courtney and Camp Kinser

TYPE 3 - Deli with a Mini Bakery (2 locations)

JAPAN, Hario and Iwakuni

TYPE 4 - Deli with a Thaw/Serve Bakery (2 locations)

JAPAN, Atsugi and Sagamihara (rotisserie chicken, also)

TYPE 5 - SATELLITE LOCATIONS (13 locations) - Stores supported/serviced by a parent store; however, these stores maintain their own accountability.

SOUTH KOREA JAPAN

Camp Carroll Camp Stanley Camp Zama

Camp Casey Hannam Village Sagami Depot

Chinhae NAS Camp Eagle Sasebo

Camp Red Cloud Kunsan Camp Kure

Camp Humphreys

SUSHI-TO-GO-PROGRAM - The following locations have implemented a sushi-to-go-program (6 locations) : JAPAN: SOUTH KOREA: OKINAWA:

Yokota Yongsan Camp Foster

Misawa Osan Kadena

NOTES:

1. Other locations may implement the sushi-to-go-program at a later date, as the Agency needs may change.

2. The Government will provide fresh produce as required to prepare finished sushi items.

The base performance period consists of two consecutive 12-month periods. Three 12-month option periods are also available.

FOB: Destination

PURCHASE REQUEST NUMBER: HQCWH6178FAREAST

NET AMT

0001AA

BASE PERIOD

Period of Performance: September 1, 2009 - August 31, 2011

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Far East Product Listing.

NET AMT

0001AB

OPTION YEAR ONE

Performance Period: September 1, 2011 - August 31, 2012

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Far East Product Listing.

NET AMT

0001AC

FFP

Performance Period: September 1, 2012 - August 31, 2013

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Far East Product Listing.

NET AMT

0001AD

FFP

Performance Period: September 1, 2013 - August 31, 2014

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Far East Product Listing.

NET AMT

DELI, BAKERY AND SUSHI FOOD PRODUCTS

PROVIDE DELI, BAKERY AND SUSHI FOOD PRODUCTS AND ATTENDANT SERVICES for resale in the Defense Commissary Agency, Western Pacific Region, for 2 commissaries, located in Guam, (Andersen and Orote). These locations include a TYPE 1 operation as defined below.

TYPE 1 - Full Service Deli/Bakery Operation with a Hot Food Program (2 locations). A Hot Foods Program may include only rotisserie chicken, or it may require other hot meats, entrees, and side dishes. Please check the Government Furnished Equipment List at Attachment 5 for more details.

SUSHI-TO-GO-PROGRAM - Andersen and Orote commissaries have a sushi-to-go-program.

NOTE: The Government will provide fresh produce as required to prepare finished sushi items.

The base performance period consists of two consecutive 12-month periods. Three 12-month option periods are also available.

NET AMT

0002AA

BASE PERIOD

Period of Performance: September 1, 2009 - August 31, 2011

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Guam Product Listing.

NET AMT

0002AB

OPTION YEAR ONE

Period of Performance: September 1, 2011 - August 31, 2012

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Guam Product Listing.

NET AMT

0002AC

FFP

Period of Performance: September 1, 2012 - August 31, 2013

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Guam Product Listing.

NET AMT

0002AD

FFP

Period of Performance: September 1, 2013 - August 31, 2014

Price will be a cumulative total of all individual item prices and their associated estimated quantities as set forth at Attachment 8, Guam Product Listing.

NET AMT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Acceptance of Offers. The period of acceptance of offers shown in paragraph (c) of FAR 52.212-1 is changed to 90 calendar days.

Site Visit. Offerors are encouraged to visit each commissary covered by this solicitation. Requests for site visits should be coordinated through the DeCA Resale Contracting Division, Resale Services Support Branch (PSCS), Cynthia Walker, Contract Specialist, at 804-734-8000, extension 48890, or e-mail cynthia.walker@deca.mil. Information on individual locations can be found at website: www.commissaries.com.

Deli/Bakery Floor Plans. Floor plans for the 14 locations in the Far East and 2 locations in Guam are available upon request.

NOTICE: Offerors are free to ask questions during the site visit, but are advised that such information exchange is informal, may not conform to the terms and conditions of this solicitation, and does not bind the Government in any way.

Questions Concerning the Solicitation. No later than Friday, March 6, 2009, offerors are invited to submit initial questions in writing to Defense Commissary Agency, Resale Contracting Division, ATTN: PSCS/Cynthia Walker, 1300 E Avenue, Fort Lee, Virginia 23801-1800, or e-mail at cynthia.walker@deca.mil. If the Government decides, as a result of questions asked, that there are issues that need to be addressed to all potential offerors, an amendment to the solicitation will be issued reflecting those questions and the answers.

A. GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSAL:

1. Written Proposal. The Government will assess the extent to which each offeror complies with the instructions in this RFP. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The Government will consider any failure to comply with these instructions to be indicative of the quality of the offeror’s performance and, as such, the offeror will be considered to lack the capability to perform satisfactorily.

Proposal package will be composed of two volumes assembled in the following manner:

Volume I - Section l - Complete Block 17a (to include DUNS* number), and Blocks 30 a, b, and c of the Standard Form 1449 (must be done by someone who has the authority to bind the company contractually) and insert in this section. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments.

*The DUNS must match the information in the Central Contractor Registration (CCR) and Electronic Funds Transfer (EFT) databases. Instructions for obtaining a DUNS number can be found at www.ccr.gov, under Related Links, “D & B Web Form for DUNS Number Request.” Registration in the CCR and EFT, and a DUNS are mandatory for award eligibility.

· Update or register with the Central Contracting Registry (CCR) & Electronic Funds Transfer (EFT) database on-line; www.ccr.gov

· Update or register with the Electronic Data Access (EDA) on-line; http://eda.ogden.disa.mil

· Update or register with the Offeror Representations and Certifications (ORCA) on-line: http://orca.bpn.gov Insert any/all properly executed amendments issued against this solicitation, and your completed fill-in information required by FAR 52.209-5, pertaining to certification regarding responsibility matters, FAR 52.212-3 pertaining to representations and certifications, DFARS 252.212-7000 pertaining to transportation of supplies by sea, and the DeCA EDI Trading Partner Agreement (Attachment 7).

Section 2 - Price. Offeror is to submit proposal price as follows: a firm-fixed price for all recommended products to be supplied at Attachment 8, Far East Product Listing and Guam Product Listing. Insert completed pricing information from the Schedule for base periods and options at CLINs 0001 and 0002 for food products (include completed attached spreadsheets). NOTE: You must offer on CLINS 0001 and 0002 to be considered for award.

Related Information. As this solicitation will result in a firm fixed-price contract award conducted under FAR Part 12, Commercial Items, and adequate competition is expected, no cost or pricing data is required. However, the Contracting Officer reserves the right to require such data if unable to determine the proposed price to be reasonable or realistic, or to resolve apparent inconsistent or unbalanced pricing.

Transportation. Government transportation from the port of embarkation (POE) to the final destination is available. You are advised that DeCA does not currently air freight deli/bakery products to the Far East and Guam. This should be considered when preparing your offer. (See Paragraph D, Alternate Proposals, below.)

Section 3 - Provide past performance information as required below. (See Paragraph C, Proposal Contents, below.)

VOLUME II shall contain the written technical proposal, not to exceed 100 pages, exclusive of exhibits. Narratives addressing the solicitation factors and sub-factors should be tabbed for ease of identification. Use standard 8.5 x 11 inch paper in portrait orientation. It is imperative that your written technical proposal explicitly address all of the evaluation factors and sub-factors set forth under Technical Capability below. The narrative must be written in a clear, concise fashion, describing precisely HOW the offeror proposes to perform the requirements. The inclusion of filler material from previous proposals or commercial applications should be avoided unless it has a direct application to the objective of this solicitation.

Required Number of Copies of Each Volume: Original plus two copies.

SUBMISSION OF PROPOSAL: Mail completed response package to the address in Block 9, Standard Form 1449. The Solicitation Number, date and time of closing, and the office designated to receive offers (DeCA/PSCS) must be clearly printed on the face of the outside lower left corner of your package. The package must be received no later than the date and time shown in Block 8 of the SF 1449. No facsimile or electronic transmissions will be accepted.

B. GENERAL INFORMATION:

1. Contract Award. OFFERORS ARE HEREBY ADVISED THE GOVERNMENT INTENDS TO EVALUATE OFFERS AND AWARD WITHOUT DISCUSSIONS; THEREFORE, OFFERS SHOULD PROPOSE THEIR BEST OFFER INITIALLY; however, the Government reserves the right to conduct discussions. In accordance with FAR 15.306(d)(2), the objective of discussions is “to maximize the Government’s ability to obtain best value, based on the requirement and the evaluation factors set forth in the solicitation.” Should discussions be deemed necessary due to proposal weakness, deficiency, or other issues, which must be addressed before award, they will be conducted either orally and/or in writing, with only those offerors determined to be within the competitive range. The Government may reject any or all offers if such action is in the public interest; accept other than the best priced offer; and waive informalities and minor irregularities in offers received.

2. Teaming Arrangement. When an Offeror proposes to use a subcontractor or submits an offer based on a teaming arrangement with another contractor, the Offeror must supply all of the requested information, not only as it pertains to the Offeror, but also as it pertains to the subcontractor or partner. The Offer must also provide specific evidence as to the stability of the subcontractor/teaming relationship; e.g., the previous teaming arrangements (does not have to be the same contractor or subcontractor), the duration and degree of success of those arrangements, etc.

3. Subcontracting Plan. A small business subcontracting plan may be required prior to award. Upon notification that a subcontracting plan is required, you must provide a subcontracting plan by the date specified in the notification. The plan will be evaluated for compliance with FAR 19.704 and DFARS 219.704. Failure to submit and negotiate an acceptable plan within the time period specified by the Contracting Officer shall make the offeror ineligible for award of a contract.

C. PROPOSAL CONTENTS:

1. Price (Volume I, Section 2) -

The offeror shall provide a total estimated annual price of food products for the Far East locations (SubClins 0001AA, 0001AB, 0001AC, and 0001AD) and Guam locations (SubClins 0002AA, 0002AB, 0002C, and 0002AD.) per the Schedule in this solicitation. Pricing of the individual products at CLIN 0001 for the Far East and CLIN 0002 for Guam shall be supported by completion of proposed items and estimated quantities on the spreadsheets (Far East Product Listing, and Guam Product Listing) provided at Attachment 8. This list will include core items and proposed alternates as set forth in Volume 2 of your proposal (See Paragraph C, Technical Capability, below.) It is not necessary, or expected, that each category will have the same number of items. This applies to all categories of food products. Offeror shall estimate quantities based on offeror’s experience and store sales at Attachment 3. Pricing of products shall be no more than that charged the offeror’s most favored customer. Categories of products to be covered in pricing are (1) Meats, Core and Additional (to include proposed alternate core items ); (2) Cheeses, Core and Additional (to include proposed alternate core items); (3) Donuts and Pastries; (4) Breads and Rolls; (5) Pies and Cakes; (6) Condiments, Garnishes, Ingredients; (7) Rotisserie Chicken and Other Hot Foods; (8) Optional Items; (9) Seasonal Items; and (10) Items for the Sushi-To-Go Program. No more than a total of 450 items may be proposed for CLIN 0001, and no more than a total of 450 items may be proposed for CLIN 0002, including Condiments, Garnishes, and Ingredients category. Offeror shall propose a mix of items based on market analysis and experience.

Additionally, pricing of CLINs 0001 (Far East) and 0002 (Guam) shall include all labor, overhead, and profit costs for the work effort required to operate and manage the deli/bakery and sushi operations at the locations set forth in the schedule.

2. Past Performance (Volume 1, Section 3) -

NOTE: Offeror’s currently performing for the Defense Commissary Agency are not required to provide past performance references outside of the Agency; however, such offerors may submit additional information conforming to the requirements below, which will be included in the past performance evaluation.

Offerors shall submit the following information as part of their proposal for their company, and all proposed major subcontractors, partners, members of a teaming arrangement, members of a joint venture, etc. NOTE: This information should be submitted as soon as practicable to facilitate reduction of the evaluation time period, but NO LATER THAN 4:00 P.M., WEDNESDAY, March 11, 2009. FAXES ARE ALLOWED AT (804) 734-8009, pause, pause, 78890 (ATTN: CYNTHIA WALKER, OR VIA E-MAIL TO: cynthia.walker@deca.mil.)

Information shall be provided on three to five contracts and/or subcontracts completed during the last three years, or currently in progress, that are similar in nature to the requirements of this solicitation and that demonstrate the offeror’s ability to perform the proposed effort. This information may be related to the supply of products, as well as the performance of services. These references must be willing to provide information on their business experiences with your company relating to the following: (1) quality history/overall customer satisfaction, and (2) business relations, to include the business aspects of performance. Contracts listed shall include other Government agencies, agencies of any state or local government, and any commercial customers or suppliers. Newly formed entities, without prior experience as set forth above, should list contracts and subcontracts, as required above, wherein the past performance of key personnel may be obtained for assessment. Include the following information for each contract and subcontract:

Name and Address of Contracting Activity

Contract Number

Contract Type

Place of Performance

Total Contract Value

Information on any significant awards or accomplishments exceeding the expectations of the contract(s) (if applicable)

Reason for any termination or failure to exercise an option period or earn an award term (if applicable)

Contracted Work (services/supplies included in the performance work statement)

Contracting Officer’s Name, Telephone Number, and e-mail Address

Program Manager’s Name, Telephone Number, and e-mail Address

List of Major Subcontractors, if applicable

The Offer may provide any narrative or supporting material limited to two, one-sided pages, per contract/subcontract reference as deemed necessary for the Government to fully understand the offeror’s past performance. The past performance information should be relevant to contracts on which the offeror, or any proposed subcontractor has performed, or is performing, as a prime contractor or subcontractor. Offerors may selectively provide information on contracts that provide the best evidence of technical and managerial experience relative to this requirement.

The offeror may provide information regarding any problems encountered on the contracts and subcontracts identified above and corrective action taken to resolve those problems. Offerors should not provide general information regarding their performance of the identified contracts. General performance information will be obtained from the references.

Offerors shall send all private sector references specified as a past performance reference a letter to the following effect authorizing the reference to provide past performance information to the Government:

Dear “Client:”

We are currently responding to the Defense Commissary Agency (DeCA) Request for Proposal HDEC02-09-R-0003 for the operation of deli/bakeries and the sushi to-go-program in Japan, South Korea, Okinawa, and Guam.

Past performance has been identified in the solicitation as a factor that DeCA intends to evaluate in the process of selecting a successful offeror. As such, they are requiring that clients of entities responding to their solicitation be identified and that their participation in the evaluation process be requested. In the event you are contacted for information on work “insert applicable firm” has performed, you are hereby authorized to respond to those inquiries, fully disclosing your assessment in the areas requested by DeCA.

We have identified Mr./Mrs./Ms. _____________ of your organization as the point of contact based on their knowledge concerning our work. Your cooperation is appreciated. Any questions may be directed to:

3. Technical Capability (Volume 2) –

Customer Satisfaction. (1) Using the “80/20 Rule” (80 percent of the sales are generated by less than 20% of the items), the offeror shall identify proposed core items for the Meats and Cheeses categories. The offeror, using experience and expertise, shall provide a list of proposed high volume core and non-core items consisting of not more than 16 meats (8 core and 8 non-core) and 8 cheeses (4 core and 4 non-core), with proposed brand names, essential to satisfying the needs of a majority of deli customers. Premium quality tier items are required. Premium quality tier is defined as: Turkey Breast – 3 or less pieces of whole muscles; Ham – inside and outside muscles, no shank or knuckle meat; Beef – Choice, cap off. Quality tier products have a low percent of pump and brand name recognition. Type and amount of additives are also considerations. Manufacturer’s specifications, to include shelf life, for each item must be included. Offeror shall also identify whether meat items will be shipped in a frozen or a fresh state. These items shall be available to commissary patrons at all times. (2) The offeror shall explain its principles, practices, and procedures for measuring customer satisfaction, adjusting/refining levels of service and product mix to achieve the satisfaction objectives (based on the requirements of the performance work statement) while promoting awareness of the benefits of the in-store deli/bakery services. (3) The offeror shall identify any procedures and/or additional tools required to support the in-store deli/bakery services in promoting customer satisfaction.

Increase sales. (1) The offeror shall describe its principles, practices, and procedures for increasing sales, to include marketing and merchandising strategies. The offeror shall highlight any major factors influencing its ability to increase sales, and the extent of Government participation required to be successful. (2) The offer shall describe how it will identify and adjust to demographic and cultural changes within the customer base to increase sales.

Continue customer savings. The offeror shall describe how it will identify and control product cost factors, implementing industry best practices, and all other aspects of its long-term approach to providing continued customer savings.

Quality assurance. (1)The offeror shall outline its quality assurance process for measuring and monitoring such areas as inspection techniques, and process control methods, tailored to each area of this requirement. The offeror shall identify its procedures for preventing, identifying, controlling, and correcting performance deficiencies, based on the requirements of the performance work statement. (2) The offeror shall describe those formal and informal procedures and methods in its quality assurance system that deal with performance and management issues, to include Government/Contractor communications processes to promote exchange of relevant information.

Transition approach. (1) The offeror shall explain its plan for assuming control of the managed services. The plan shall include milestones and procedures to ensure that all aspects of managed services will be transitioned as required. (2) The offeror shall describe its approach to a partnership with DeCA and the incumbent contractor (as applicable) to ensure that a seamless and orderly transition to managed services occurs. (3) The offeror shall also provide similar information regarding transition to any follow-on contract that may occur in the future.

D. Alternate Proposals: Offerors are encouraged to submit alternate proposals that accomplish the objectives of this procurement. An alternate proposal may take one of two forms: (1) the submitted proposal reflects substantially the same requirement as described within this solicitation, but proposes alternative considerations for one or more portions of the total requirement; or (2) the proposal represents a significant deviation from the requirement as described within this solicitation, but proposes an alternative method of accomplishing the overall mandate of providing deli/bakery and sushi operations to all stated locations. Offerors are also free to submit a separate proposal under each of the scenarios described above.

An alternate proposal must demonstrate a value that is not otherwise represented in proposals submitted by other offerors in response to this solicitation, and that conform to the solicitation requirements. The pros and cons of the offeror’s proposal versus the requirements of the solicitation must be clearly explained, to include any added benefits to the Government derived from the acceptance of the alternate proposal. Benefits to the Government may include such things as satisfying customer requirements, schedule, cost effectiveness, and contract administration. Safety and security matters may also be of significance and, if so, should be addressed. If determined acceptable, all, or part, of an alternate proposal may be accepted and incorporated as part of the resultant contract. As a minimum, the alternate proposal must provide product and services for the all locations covered by the contract. If an alternate proposal includes alternative transportation arrangements, the proposed carrier(s) must be US Bank PowerTrack certified.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will establish one award 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. However, due to DeCA’s unique pricing file maintenance system to accommodate the different pricing for Guam, the Government will issue two separate contracts, one for the Far East locations and one for Guam. The following factors shall be used to evaluate offers:

NOTE: Refer to 52.212-2 Addendum – Evaluation-Commercial Items below to find the evaluation factors and their relative order of importance.

(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.

(End of clause)

52.212-2 ADDENDUM

52.212-2 ADDENDUM – EVALUATION-COMMERCIAL ITEMS

A. EVALUATION CRITERIA: The following evaluation criteria will be used to evaluate offers:

I. Technical Capability

a. Customer Satisfaction

b. Increase Sales

c. Continue Customer Savings

d. Quality Assurance

e. Transition Approach

f. Transportation (if applicable, under alternate proposal) (See clause 52.212-1 Addendum, Para. D)

II. Past Performance

a. Quality History/Overall Customer Satisfaction

b. Business Relations

III. Price

B. RELATIVE ORDER OF IMPORTANCE OF THE EVALUATION FACTORS: Of the evaluation factors shown above, the evaluation factors of “Technical Capability” is significantly more important than “Past Performance.” Within Technical Capability, “Customer Satisfaction,” “Increase Sales,” “Continue Customer Savings,” and “Quality Assurance Program” are equally important, and significantly more important than “Transition Approach.” Within Past Performance, “Quality History/Overall Customer Satisfaction” is equal to, “Business Relations.” Technical Capability and Past Performance, when combined, are considered to be significantly more important than Price.

C. PAST PERFORMANCE: Past performance will be evaluated based on the offeror’s relationship and performance history with their customers and suppliers. In evaluating past performance, the Government will use the references provided by the offeror and other sources of information, including, but not limited to: federal, state and local Government agencies, better business bureaus, published media, and electronic databases. The Government will also consider all in-house information available, such as, but not limited to, the offeror Performance Evaluations (DeCA Form 10-17), past performance surveys, emails and correspondence on file regarding an offerors performance on current DeCA contracts. The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance, but an offeror's overall past performance history. The Government will seek to determine whether the offeror has consistently complied with the terms and conditions of contracts and the standard of quality products provided under their contracts. This determination is subjective and a matter of judgment.

NOTE: Companies lacking relevant past performance history will be evaluated on past performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.

D. PRICE: The Government will evaluate the offeror’s proposed prices for core item and optional item food products to determine if they are reasonable. Evaluation of price is subjective, based on the offeror’s total proposed product mix of core and non-core items, taking into consideration quality and variety. An evaluated price for all food products will be calculated for the base period, and option periods for both CLIN 0001, and CLIN 0002. The evaluated price per CLIN will be used as the estimated award amount for the applicable contract.

E. EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes using the following procedures. (1) CLIN 0001, and CLIN 0002 pricing of food products for option periods will be the same as the base year one pricing for purposes of determining the estimated contract values. Evaluation of price is subjective, based on the offeror’s total proposed product mix including the core and non-core items for both CLIN 0001, and CLIN 0002, taking into consideration quality, variety and customer satisfaction.

NOTE: Evaluation of options will not obligate the Government to exercise the option(s).

F. ALTERNATE PROPOSALS: To be determined “acceptable,” an alternate proposal must demonstrate another method by which the requirements of the solicitation can be accomplished and provide a benefit to the Government. If determined acceptable, an alternate proposal may be accepted and incorporated into the resultant contract.

G. VALUE OF THE CONTRACT: The value of the contract will be estimated using the formulas set forth herein. The total evaluated price for each CLIN will be determined by adding the total evaluated price for the option periods to the total evaluated price for the base periods on CLINs 0001, and 0002. This will result in the total evaluated price for each CLIN. The total evaluated price for each CLIN will determine the total contract award amount per CLIN 0001, and CLIN 0002, resulting in two separate contracts for the Far East locations and Guam, due to DeCA’s unique pricing file maintenance system to accommodate the different pricing for Guam.

H. BASIS FOR AWARD – BEST VALUE:

Subject to the provisions of this solicitation, award will be made to a single offeror whose evaluated offer, in the view of the Contracting Officer, offers the best value in terms of all of the stated evaluation factors and subfactors. The award decision will be based on an integrated assessment of the offeror’s capability to perform and the risks associated with contract performance, as well as the offer considered the most advantageous to the Government, price and other factors considered. The Government reserves the right to award to other than the most favorable price or the offeror with the highest ranked technical or past performance proposal.

I. NOTIFICATION: A written notice of award or acceptance of a proposal, 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, whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___…