HDEC04-12-R-0011 Shelving Amend 0001.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 01-Mar-2012 04:00 PM to 15-Mar-2012 04:00 PM.

The following have been modified:

ADDENDA

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF OFFERS: [(Reference Paragraph (b)]

a. Proposals are to be submitted to the Defense Commissary Agency, Operations Contracting Division LEAE, Attn: Rebecca L. Antico, 1300 E. Ave, Fort Lee, VA 23801-1800. No faxed, scanned or e-mailed copies will be accepted. The complete proposal with authorized representative’s signature must be received by the closing date and time. All questions of a technical and/or contractural nature concerning this solicitation must be submitted in writing no later than March 12, 2012. A consolidated list of questions and answers, if applicable, may be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless, and until, an amendment is made to the solicitation.

b. The Offeror’s proposal shall consist of two volumes as follows:

(1) Volume I (original only)

(a) A completed Standard Form (SF) 1449. Ensure that blocks 17a, 30a, 30b, and 30c are complete and that an authorized official with authority to bind the company signs the document.

(b) All amendments issued against this solicitation before the closing date shall be signed, dated, and included in this volume.

(c) Offerors must have updated on-line representations completed via ORCA, http://orca.bpn.gov. The offeror only needs to complete paragraph (b)(2) of FAR 52.212-3 and submit with their proposal.

North American Industry Classification System (NAICS) Code applicable to this solicitation is 337215 and the Size Standard is 750. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

Per 13 CFR 121.106 – If the size determination is based on the number of employees, the method for determining business size status is based on the average number of employees of the concern (including part-time and full-time employees of its domestic and foreign affiliates), which is based upon the number of employees for each of the pay periods for the preceding completed 12 calendar months. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html] Per 13 CFR 121.104 - If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html]

(d) Past Performance References. Submit at least three references; companies that you have conducted business with over the last five years for delivery of products and installation services that are similar to those listed in this solicitation.

(1) Company Name and Address

(2) Point of Contact Name and Title

(3) Phone Number

(4) Facsimile Number

(5) E-Mail Address

(6) Description of Product Delivered

The references will be asked to provide information on your company’s past performance with regard to timeliness of delivery, quality, and business relations. The contracting officer may contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.

(e) Price (only) for the Sample Project, Attachment A, with itemized costs such as materials; labor, to include types and numbers of personnel; overhead; profit; and general and administrative expenses, as applicable.

(f) A Small Business Subcontracting Plan is required from large business concerns, if subcontracting is applicable, and must be included in this section with the initial proposal. See FAR Clause 52.219-9, Alternate II. Small Business Subcontracting Plan for the required information that must be included in the plan.

(2) Volume II (original and 3 copies)

(a) Product Information: Submit descriptive literature, a matrix, or other information that demonstrates that the proposed product meets the required generalized operating specifications of Commissary Equipment Description (CED), 2G14, Gondola Shelving, which are listed at pages 37-45. During the oral presentation (see below), you will be required to direct the evaluator’s attention to the portion of your descriptive literature that demonstrates compliance with the mandatory characteristics.

(b) Experience and Technical Capability. Provide an overview of your company’s experience in this industry and the technical capability of the firm and the key members who will be involved in this contract. Provide the overview in a written narrative format of no more than 10 single spaced pages. Key points should provide information sufficient for evaluators to determine whether your firm has the ability and technical expertise to perform delivery orders under contracts resulting from this solicitation. An outline of the type of information needed, as a minimum, is included on pages 45 and 46.

(c) Sample project. Provide a detailed narrative to describe how your company would complete this project. See the sample Statement of Work on pages 46 and 47 and the sample sketch available by telephoning Rebecca L. Antico at 804-734-8000, ext 48676. Provide the list of components that would be used to complete the project as well as details on the ordering, shipping, delivery, and installation processes required to complete the project in the required time frame. Provide details such as the source of Project Management, Installers, Laborers; what resources are available to on-site staff in the event of material shortages or other contingencies.

(d) Copies of Powerpoint slides for Oral Presentation, below.

(3) Oral Presentation . All offerors will be afforded an opportunity to present the information covered by Volume II of their proposal in person at HQ, Defense Commissary Agency, Fort Lee, VA approximately three weeks after the closing date of proposals. Oral presentations must be scheduled within one week of the time and date offered by the Government on the initial notification. The Government will provide a computer, projector, and screen for presentation of the offeror’s Powerpoint presentation. Failure to provide an oral presentation within the allotted time will result in an initial assessment of documentation provided without additional clarification.

(a) Each offeror may make an oral presentation of not longer than 60 minutes to the Government’s technical evaluation board. The offeror will not be allowed to complete the presentation if they are not finished in 60 minutes.

(b) Each offeror should be prepared to elaborate on details of any part of their experience and technical capabilities from their proposal.

(c) After the oral presentation, the offeror must answer questions from the technical evaluation board for no longer than 30 minutes.

(d) The Government may audio and videotape the oral presentation solely for its use and records. Participation in the oral presentation provides consent to the government to use the presentation recording for internal government purposes after contract award.

(e) The purpose of the oral presentation is to allow the offeror to demonstrate that their proposed products comply with the required salient characteristics of the CED; to present their company’s experience and technical capabilities; and to explain the methodology that they would use to complete the sample project. If there is a conflict in the oral presentation and the written proposal, the written proposal will prevail as the offeror’s final response.

(f) The contracting officer will schedule the oral presentations and will notify each offeror of the date, time, and location of its oral presentation after the Government receives the offers in response to this RFP. The contracting officer will provide additional instructions for the oral presentation with the notification. The government will hold the oral presentation at the Headquarters Defense Commissary Agency, 1300 E Avenue, Fort Lee, Virginia 23801.

(g) An offeror’s oral presentation must be made by one or more persons who will be primarily responsible for the performance of any resultant contract. This person must be able to legally bind the company contractually. However, the maximum number of contractor personnel allowed in the oral presentation is three.

(h) Neither the oral presentation nor the question and answer session will constitute discussions, as defined in FAR 15.306. They will also not obligate the Government to conduct discussions or to solicit or consider any revisions to the offer or to request a best and final offer.

II. PERIOD OF ACCEPTANCE: is changed to 90 days

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

(a) The Government will award a maximum of three indefinite delivery indefinite quantity contracts resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1. Product

2. Experience and Technical Capability

3. Sample Project

4. Past Performance

(a) Timeliness

(b) Quality of Products

(c) Business Relations

5. Price

b. Award will be made to the technically acceptable offerors who offer the best value to the Government. Offerors will be determined to be technically acceptable if their proposed product complies with the Commissary Equipment Description, (CED) requirements, and by receiving at least an acceptable rating for each past performance evaluation sub-factor. For the proposed product to be acceptable, the offeror's product must meet or exceed the stated general and operational characteristics. In accordance with Federal Acquisition Regulation (FAR) 16.505-(b)(1), the Contracting Officer will provide each awardee a fair opportunity to be considered for each order exceeding $3,000 issued unless one of the exceptions under FAR 16.505(b)(2) applies, including satisfying the minimum guarantees for all awardees.

c. 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. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern for customer satisfaction, and timely delivery of quality goods. This determination is a matter of judgment. Past performance will also be assessed on delivery orders for future delivery orders.

d Options. Option periods are not priced. The sample task will be used to evaluate an offeror’s understanding of the requirement, and his ability to offer a fair and reasonable price to complete the project. Offerors that receive contract awards will compete for actual individual shelving installations, as each requirement is identified.

e. Prior to award, the successful offeror(s) will be required to submit an acceptable subcontracting plan. If applicable, the subcontracting plan submitted by the contractor must be deemed acceptable by the Contracting Officer before an award may be made. A subcontracting plan will be required if the offeror is other than a Small Business (SB) concern or if the Contracting Officer determines that the contractor’s current method of providing the product and services are performed in-house and do not reasonably anticipate a significant portion of subcontracting awards to any concerns under this contract.

f. A written notice of award or acceptance of an offer, 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 (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The Government reserves the right to award without discussions.

ADDENDUM TO 52.212-4

TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.

1. Delivery Orders:

(a) Offerors awarded a contract resulting from this solicitation will be given an opportunity to provide a proposal on individual projects to furnish and install shelving as the requirements are identified during the duration of the performance period, unless the contractor requests consideration for only certain areas. In addition, awardees need not be given an opportunity to be considered for a particular order if the contracting officer determines that:

(1) The agency need for such services is of such urgency that providing such opportunity would result in unacceptable delays;

(2) It is necessary to place an order to satisfy a minimum guarantee.

(b) Offerors are not required to submit a price for every project; however, negative responses are required.

(c) A statement of work and layout plan will be provided with every request for proposal. It will contain the performance date, time, and other necessary information, as well as the criteria that will be used to evaluate proposals and determine the successful offeror. The contractor’s price must include all related costs associated with the performance of the project to furnish and install shelving. The request for proposal will include the Department of Labor wage determination applicable to the project.

(d) Evaluation for award of each delivery order will be Lowest Price, Technically Acceptable (LPTA).

(e) Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) at http://eda.ogden.disa.mil.

(f) Evaluation of shelving project performance.

(1) Each delivery order to furnish and install shelving will contain a performance evaluation to be completed by the DeCA HQ Reset Coordinator after the completion of the installation. The performance evaluation will contain a rating of the following elements of the service performance: Quality of Products, Timeliness/Schedule, and Business Relations. Past performance will be rated acceptable or unacceptable.

(2) The information contained in these evaluations will be used to create a past performance data base for consideration in awarding future delivery orders. If a contractor’s recent performance differs significantly from the information in the past performance data base, the Government reserves the right to use the more current information for future awards. Some situations that may impact future awards include, but are not limited to, cancelled resets due to the contractor’s inability to perform, adverse reports of performance, trends in performance such as repeated lateness, and/or inability to complete projects on time.

(g) The Government reserves the right to obtain services elsewhere if none of the contractors are available for a performance at a reasonable price.

2. Guarantees: The minimum value that the Government guarantees will be purchased per year under each contract awarded as a result of this solicitation is one re-set for a minimum of $3,000.00. The maximum value for all orders issued against the contract is $10,000,000.00, base plus option years. The minimum quantity will be provided at the time of award. The quantity stated within the CLIN for the base and option years is the maximum number of orders that will be issued for all contracts for one year. That maximum quantity can only be changed by contract modification. If the option year(s) is not exercised, the Government also does not guarantee any minimum purchase for that period. The minimum value stated applies to the entire contract period, base plus any exercised option periods combined.

3. Wage Determinations: Award(s) will be covered by the Services Contract Act (SCA) of 1965 as amended. Individual delivery orders will contain the wage determination for each specific delivery order location.

4. Task Order Ombudsman: According to FAR 16.505(b)(6), the Ombudsman for this contract is:

Defense Commissary Agency

Directorate of Contracting (LEA)

ATTN: Competition Advocate

1300 E Avenue

Fort Lee,VA 23801-1800

5. Service Contract Act Posting Requirements Clause at 52.222-41, Service Contract Act of 1965, as amended, is applicable to the services performed under this contract. The contractor is responsible for obtaining and posting the following publications available at http://www.dol.gov/osbp/sbrefa/poster/matrix.htm:

(a) Employee Rights on Government Contracts (WHD Publication 1313)

(b) Employee Rights under Fair Labor Standards Act (WHD Publication 1088)

(c) Equal Employment Opportunity is the Law (OFCCP 1420)

6. Administrative Modifications: The Government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

7. Payment Procedures:

a. Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS). Contract payments will be processed electronically via Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit an invoice COMBO using Wide Area Work Flow (WAWF) electronic commerce. An invoice COMBO is used to invoice for supplies or services and enables the vendor to create a separate invoice and receiving report from the same data entry session, eliminating the need to re-key data. After an invoice COMBO is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF. After all items are properly submitted, the contract payment will be processed via DFAS electronically.

b. The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractor to submit invoices via WAWF so that payments can be processed electronically through EFT.

c. For additonal WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008).

d. Clause FAR 52.213-1, Fast Pay Procedures, apply to orders whose final destination is outside the continental United States only.

8. Period of Performance:

Base Year:

July 1, 2012 through June 30, 2013

Option Year 1:

July 1, 2013 through June 30, 2014

Option Year 2:

July 1, 2014 through June 30, 2015

Option Year 3:

July 1, 2015 through June 30, 2016

Option Year 4:

July 1, 2016 through June 30, 2017

9. Delivery:

a. Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

b. Delivery is required 30 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays. Delivery orders will contain the delivery location and any other necessary delivery instructions. The contractor can find the delivery address and points of contact information for each store at www.commissaries.com

10. Shipping: FOB destination within the continental United States. Some delivery locations may require packaging and preparation for overseas shipment by the contractor. However, the contractor is responsible only for shipment to the port. Equipment destined for overseas shipment will be wrapped, blocked, and braced using best commercial practices so that the equipment arrives at destination without damage. Each Outside Continental United States (OCONUS) delivery order will include packing and marking instructions to the shipping port specified in the order. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number.

11. 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).

(End of Summary of Changes)