HDEC02-12-R-0011.doc

Section SF 1449 - CONTINUATION SHEET

Seafood Markets Washington Commissaries

FFP

Management and operation of in-store seafood markets (i.e., managed services) in Department of Defense military commissaries to include necessary labor, oversight, and provision of fresh and previously frozen random weight seafood products. See Performance Work Statement for details. Contractor shall retain ownership of all seafood products until product is scanned through a commissary cash register and be paid in accordance with sales recorded in the DeCA Front-end Point of Sales (POS) system. Locations covered by this CLIN are: Bangor NBK, Bremerton NBK, McChord AFB, and Whidbey Island NAS Commissaries.

Historical sales for the above locations can be found in Attachment C. The base performance period consists of two consecutive 12-month periods. Three one-year option periods are also available.

The price is set forth as a percentage of patron savings. The percentage of savings is what the contractor will save the commissary patron on each individual "core item" in the seafood department, inclusive of all locations identified within the CLIN. Core items are as follows: Cod, Whiting, Sea Scallops, Salmon (Wild or Atlantic), Tilapia, Catfish, Flounder, Tuna (Yellowfin). Trout (Rainbow), Mahi Mahi, Basa, Raw Shrimp (21/25), Raw Shriimp (U/15), Snow Crab, Crabmeat (Lump), Crabmeat (Jumbo Lump), Crabmeat (Backfin).

The area of survey for verifying the percentage of savings of core and non-core items is defined as within 10 miles of the applicable instatllation perimeter.

FOB: Destination

PURCHASE REQUEST NUMBER: HQCXXX2012185

ESTIMATED

NET AMT

0001AA

Base Performance Period

FFP

In-store seafood market operations base performance period:

The start date may be changed subject to mutual agreement of the parties.

First 12 consecutive months Percentage of Patron Savings ___________%

January 1, 2013 through December 31, 2013

Second 12 consecutive months Percentage of Patron Savings _________%

January 1, 2014 through December 31, 2014

ESTIMATED

0001AB

FFP

In-store seafood market operations first option year performance period:

The start date may be changed subject to mutual agreement of the parties.

January 1, 2015 through December 31, 2015

Percentage of Patron Savings ___________%

ESTIMATED

0001AC

FFP

In-store seafood market operations second option year performance period:

The start date may be changed subject to mutual agreement of the parties.

January 1, 2016 through December 31, 2016

ESTIMATED

0001AD

FFP

In-store seafood market operations third option year performance period:

The start date may be changed subject to mutual agreement of the parties.

January 1, 2017 through December 31, 2017

ESTIMATED

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

IMPORTANT NOTICE

Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing(CLIN and Sub-CLIN), within the Agency's electronic reading room located @ www.commissaries.com.

Unexercised Option year prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 ADDENDUM

FAR 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. However, offerors shall not engage in conversation with the seafood market employees, nor take any pictures of the seafood market operations. Upon arrival at each store, offerors shall ensure that they sign the Visitor’s Log and obtain a Visitor’s badge when entering the store. Requests for site visits should be coordinated through the DeCA Resale Contracting Directorate, Resale Services Support Division (MPRS), Amy Williams, Contract Specialist, at 804-734-8000, extension 48408, or e-mail to amy.williams@deca.mil, or through Phyllis A. McGowan, Contracting Officer, at (804) 734-8000 Ext. 48900, or email to phyllis.mcgowan@deca.mil. Information on individual locations can be found at website: www.commissaries.com. Floor plans for the 4 locations are available upon request.

NOTICE: Offerors are free to ask questions of commissary management 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 October 29, 2012, offerors are invited to submit questions concerning the solicitation in writing to Defense Commissary Agency, Resale Contracting Directorate, ATTN: MPRS/Amy Williams, 1300 E Avenue, Fort Lee, Virginia 23801-1800, or e-mail to amy.williams@deca.mil . Should the questions asked result in the need to address matters of concern to all potential offerors, an amendment to the solicitation reflecting those questions and the answers will be issued.

A. GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSAL:

1. Written Proposal. To be considered for award of a contract, an offeror must submit a proposal that conforms to the instructions provided in this solicitation. The proposal must address the requirements of this solicitation in a complete and self-supporting manner. 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 – a. Complete Block 17a (to include a 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 System for Award Management (SAM) database. In accordance with FAR 52.204-99 (Deviation) System for Award Registration (August 2012) (Deviation), Contractors are required to be registered in SAM prior to submitting invoices. As such you must:

· Update or register with the System for Award Management (SAM) database on-line at https://www.sam.gov prior to submitting invoices. However, it is recommended that offerors update or register with the SAM database when submitting their proposal as FAR 52.204-99 (Deviation) provides only a brief period of time for GSA to resolve performance issues with SAM, which now includes the functional capabilities of the retired Central Contractor Registration (CCR), Federal Agency Registration (FedReg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS) applications. A completed hard copy of FAR 52.212-3 Offeror Representations and Certifications—Commercial Items should be submitted with the proposal.

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

b. Insert any/all properly executed amendments issued against this solicitation, and your completed fill-in information required by FAR 52.209-7, pertaining to certification regarding responsibility matters, FAR 52.212-3 and DFARS 252.212-7000 pertaining to representations and certifications, FAR 52.232-4500, pertaining to Delivery Ticket Invoice (DTI) Procedures, and DFARS 252.247-7022 pertaining to transportation of supplies by sea.

Section 2 - Price. Offeror is to submit its proposed price as a percentage of patron savings; i.e., the amount, expressed as a percentage, the offeror proposes to save the commissary patron on the price of each core item listed in the Section SF 1449 Continuation Sheet(s). Pricing shall be provided for each CLIN base period and option periods as set forth in the subCLINS. The offeror must provide pricing on the CLINs to be considered for award; however, pricing does not have to be the same on all CLINs or subCLINs. Pricing offered on a CLIN shall be applicable to all locations covered by the CLIN.

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 to resolve apparent inconsistent or unbalanced pricing.

Section 3 – Other Proposal Requirements. As prescribed in FAR 52.219-9, Subcontracting Plans, an offeror who is a large business per the NAICS Code 311712 for this solicitation, shall provide a small business subcontracting plan with their offer.

Section 4 – Past Performance Information. Provide past performance information as required below. (See Paragraph C, Proposal Contents.)

VOLUME II -

Provide written technical proposal: The offer shall contain the written technical proposal, not to exceed 100 pages, exclusive of exhibits. Narratives addressing the solicitation Technical Capability sub-factors shall be tabbed for ease of identification. (See FAR 52.212-2 Addendum—Evaluation—Commercial Items, for Technical Capability Sub-factors.) Use 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 (Volume II) below. The narrative must be written in a clear, concise fashion, describing precisely HOW the offeror proposes to satisfy 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: Provide an original of each Volume. In addition, provide three (3) copies of Volume II (Technical Proposal).

Submission of Proposal: Deliver a 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/MPRS) 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 primary 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 proposal 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.

C. PROPOSAL CONTENTS:

1. Price (Volume I, Section 2) -

The offeror shall provide completed Section SF 1449 Continuation Sheet(s) from the Schedule in this solicitation. A price (percent of savings) shall be provided for the CLIN base period and option periods as set forth in the sub CLINs. The offeror must provide pricing on the CLIN to be considered for award; however, pricing does not have to be the same on all CLINs or subCLINs. Pricing offered on a CLIN shall be applicable to all locations covered by the CLIN. Pricing shall include all labor, materials, overhead, and profit costs for the work effort required to operate and manage the seafood market operations and roadshows at the locations set forth in the schedule.

In accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustments, applicable to this solicitation and the resulting contract, adjustments to pricing (patron savings) resulting from mandatory increases in wage rates and/or health and welfare benefits on applicable Department of Labor (DoL) wage determinations are permissible. As such, the Government seeks specific information from the offeror describing how increases will impact the percentage of savings.

An offeror shall provide in writing, within its offer, a statement concerning whether or not it will propose to request such price adjustments. If an offeror elects not to request price adjustments, the offeror shall provide an explanation detailed enough to not require additional follow-up questions from the Contracting Officer on this matter. Proposals that do not include the statement and explanation shall be determined incomplete and ineligible for further consideration by the Contracting Officer.

An offeror who elects to request price adjustments shall provide specific information describing how increases will impact the percentage of savings after giving consideration to the most recent annual inflation rate as published on the U.S. Department of Labor Statistics, Consumer Price Index (CPI) table for Food and Beverages. This table can be accessed at www.bls.gov/data/ . Simply responding that an increase in wages/benefits will adversely affect the proposed percentages will be considered an insufficient response. The offeror’s response shall be in sufficient detail to allow for a clear and calculable understanding of the potential impact. The U.S. Department of Labor Price Adjustment Calculator Tool (PACT) shall be utilized to determine the amount that may be requested as a result of the issuance of new wage determination rates. A copy of the completed PACT excel book shall be included in the offeror’s proposal package. Proposals that do not include a completed PACT excel book shall be determined incomplete and ineligible for further consideration by the Contracting Officer. The PACT tool and training for how to use it is available at http://www.wdol.gov/pact/.

2. Other Proposal Requirements (Volume 1, Section 3) –

As prescribed in FAR 52.219-9, Subcontracting Plans, an offeror who is a large business per the NAICS Code 311712 for this solicitation, shall provide a small business subcontracting plan with their offer. The plan will be evaluated for compliance with FAR 19.704 and DFARS 219.704. Failure to submit a plan that complies shall make the offeror ineligible for award of a contract.

3. Past Performance (Volume 1, Section 4) -

NOTE: Offerors 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 past performance information for their company, all proposed major subcontractors, partners, members of a teaming arrangement, members of a joint venture, and/or any other entity with significant interest and participation in the performance of this contract. 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., November 2, 2012. FAXES ARE ALLOWED AT (804) 734-8009, pause, pause, 78408 ATTN: Amy Williams, OR VIA E-MAIL TO: amy.williams@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/Food Safety History (2) Overall Customer Satisfaction, and (3) 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 offeror 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 HDEC02-12-R-0011 for the operation of seafood markets in the state of Washington, USA.

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 II) –

Management Capability

(1) The offeror shall provide the firm’s capability statement, identifying relevant experience and competencies in food service operations, demonstrating capabilities to successfully manage a food service operation of the type required by this acquisition. This statement also shall include competencies that would prove their capability to sustain successful performance for the base period and all option periods (if exercised) of performance.

(2) The offeror shall describe any experience the firm has related to performance-based contracts relevant to the requirement criteria.

(3) The offeror shall provide the names of the primary officer and key management personnel, identifying their work experience relevant to this acquisition.

Customer Satisfaction

(1) The offeror shall identify the methods the firm will employ to measure customer satisfaction, adjusting /refining levels of service and product mix to achieve the satisfaction objectives, and promoting awareness of the benefits of the managed services.

(2) The offeror shall identify the metrics that will be utilized for each method of measuring and monitoring customer satisfaction.

(3) The offeror shall indentify the techniques and any additional tools required to support the in-store seafood market and road show operations in promoting customer satisfaction.

Continue Customer Savings

(1) The offeror shall describe how the firm will utilize best industry practices to identify and control cost factors.

(2) The offeror shall identify any other aspect of the firm’s long-term approach that will increase the likelihood of successful performance of continued customer savings.

Quality Assurance Program

(1) The offeror shall outline the firm’s quality assurance process for measuring and monitoring such areas as inspection techniques and process control methods tailored to each area of this requirement.

(2) The offeror shall identify its procedures for preventing, identifying, controlling, and correcting performance deficiencies based on the requirements of this solicitation.

(3) The offeror shall provide certifications of participation in FDA’s HACCP, and NOAA’s Seafood Inspection Programs. The offeror shall also identify the firm’s practices that demonstrate a clear understanding of the importance of critical control points and food safety.

(4) 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.

(5) The offeror shall address the firm’s practices/methods for providing nutritional and allergen information on products to commissary patrons.

Increase Sales

(1) The offeror shall describe its principles, practices, and procedures for increasing sales, to include marketing and merchandising strategies as pertains to this requirement (e.g., seafood markets and road shows). 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 for seafood markets and roadshows operations. Using this information as a foundation, the offeror shall provide a plan on how it will increase sales at each individual store for each performance period including the base period (24 consecutive months) and option periods (three consecutive 12-month periods) of performance. Historical sales data for each store location is provided as an attachment of the solicitation.

Transition Approach

(1) The offeror shall explain the firm’s plan to transition control of the seafood market operations , either to or from, another firm. The plan shall include milestones and procedures, beginning thirty days prior to the contract start date, to ensure that all aspects of the managed services will be transitioned as required.

(2) The offeror shall describe the firm’s approach to a partnership with DeCA and the incumbent contractor (as applicable) to ensure a seamless and orderly transition of the managed services.

(3) The offeror shall provide similar information regarding a transition to any follow-on contract that may occur in the future.

52.212-2 ADDENDUM

FAR 52.212-2 ADDENDUM – EVALUATION – COMMERCIAL ITEMS

A. BASIS OF AWARD: The successful contractor to receive the contract award will be determined using the best value, trade-off method. The Government will award one contract resulting from this solicitation to the responsible offeror whose offer represents the best value after evaluation in accordance with the factors and sub-factors in the solicitation. The following factors and sub-factors will be used to evaluate offers:

I. Technical Capability

A. Management Capability B. Customer Satisfaction

C. Continue Customer Savings

D. Quality Assurance Program

E. Increased Sales

F. Transition Approach

II. Past Performance

A. Quality/Food Safety History

B. Overall Customer Satisfaction

C. Business Relations

III. Price IV. Other Proposal Requirements

A. Subcontracting Plan As a best value trade-off acquisition, the Government reserves the right to award to other than the offeror with the most favorable price or the offeror with the highest ranked technical or past performance rating.

B. RELATIVE ORDER OF IMPORTANCE OF THE EVALUATION FACTORS: Of the evaluation factors shown above, the evaluation factor “Technical Capability” is significantly more important than “Past Performance.” Within Technical Capability, “Management Capability”, “Customer Satisfaction,” “Continue Customer Savings,” “Quality Assurance Program” and “Increase Sales” are equally important, and significantly more important than “Transition Approach.” Within Past Performance the subfactors of, “Quality /Food Safety History,” “Overall Customer Satisfaction” and “Business Relations” are equally important. For evaluation purposes, Technical Capability and Past Performance, when combined, are considered significantly more important than Price (percentage of patron savings). Within Other Proposal Requirements, Subcontracting Plans are rated on a pass/fail basis in accordance with FAR 19.704 and DFARS 219.704 C. PAST PERFORMANCE: The evaluation of past performance will be an assessment based on consideration of relevant facts and circumstances. It will not be based on absolute standards of acceptable performance, but will be based on a contractor’s overall past performance history. The Government is seeking to determine the likelihood of an offeror’s overall business methodology and quality assurance approach, successfully providing customer satisfaction, increasing sales, and continuing customer savings throughout the life of the contract. This determination is a matter of judgment. The Agency reserves the right to consider past performance information in its possession, and the Agency has discretion to review any relevant information available.

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

D. PRICE: An evaluated price will be calculated for the base period and all option periods for each CLIN. The evaluated price per CLIN will be used as the estimated award amount in the resultant award.

The Government will evaluate price for award purposes by adding together the evaluated price for the base period and each option period available under the resulting contract. As it is a common industry assumption that, based on the Pareto principle (80/20 rule), 80% of the sales are derived from 20% of the items offered for sale (these are identified as core items), the evaluated price will be determined as follows:

Historical seafood market sales for each store as cited in the solicitation x 80% (80/20 rule) / (1- offeror's proposed percentage of savings for the given period for that store) = evaluated price for the given period for the applicable store.

The evaluated price for each store for each given period (each base period and each option period available) will be added to determine the total evaluated price for each store.

The total evaluated price for each store will then be added together to determine the total evaluated price for the applicable CLIN in the resulting contract. Evaluation of the option periods will not obligate the Government to exercise the option(s).

E. NOTIFICATION: A written notice of award or acceptance of a proposal mailed or otherwise furnished to the successful offeror(s) 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.

F. SOURCE SELECTION DECISION: Under this solicitation, the Best Value Tradeoff Method will be utilized to determine contract award. If the contracting officer considers a higher rated capability to be worth a higher evaluated price, then the more capable, higher evaluated priced offer will be the better value, and will be selected for award. If not, then the lower rated, lower evaluated priced offer will be the better value, and will be selected for award. This source selection decision will be made for each CLIN, using the same evaluation criteria and the offeror’s proposed pricing for that CLIN.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) 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.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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 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.

"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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(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 electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.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 (o) 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 electronically 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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is…