Instructions to Offerors and Evaluation Factor.docx

The provision at FAR 52.212-1, Instruction to Offerors - Commercial Items applies to this acquisition.

FAR 52.212-1 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS

THE FOLLOWING PARAGRAPHS ARE TAILORED AS FOLLOWS:

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The company name, company address, telephone number of the offeror, a Point of contact for the quote who is the authorized negotiator able to bind the company contractually, and phone number and email address for the authorized negotiator;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; see Section (k) DeCA Specific for additional details

(5) Terms of any express warranty;

(6) Price and any discount terms; see Section (k) DeCA Specific for additional details

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of each individually signed Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information) see Section (k) DeCA Specific for additional details; and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit only one offer presenting their best solution. Multiple offers will not be accepted and the offer received last, before the closing date/time, will be the offer accepted for consideration.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) DeCA Specific The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation.

The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a Price standpoint. However, the Government reserves the right to conduct exchanges if later determined by the Contracting Officer (KO) to be necessary.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quotes must be submitted in electronic format by an authorized representative of the Offeror. The following should be in the subject line for an email submittal: "RFQ HDEC02-26-Q-E001 | [Company name]| GUAM 3PL Services''. Quote shall be submitted electronically no later than the due date of the solicitation via email to: Mark.Gunn@deca.mil and LeAnna.Stith@deca.mil . Quote shall include the following legend on each page:

a. Source Selection Information FAR 2.101 and FAR 3.104 QUOTE CONTENT

(2) Questions Concerning the Solicitation. Offerors are invited to submit questions in writing no later than 3:00 pm Eastern time, five (5) calendar days after issuance of solicitation, to: Mark.Gunn@deca.mil and LeAnna.Stith@deca.mil . If the Government determines that, as a result of questions asked, there are amendments to the requirement or solicitation needed, an amendment to the solicitation will be issued reflecting those changes. Otherwise, questions and the answers may be added to the solicitation posting without executing an amendment.

(3) The quote shall be clear, coherent, and prepared in sufficient detail for effective evaluation of the quote against the evaluation criteria. Also, quotes shall cover all aspects of this solicitation. Quotes shall clearly demonstrate how the quoter intends to accomplish the project and shall include convincing rationale and substantiation of all claims. Quotes must demonstrate the quoters approach and capability to meet requirements. Mere restatement of solicitation language without substantive detail may be considered insufficient.

(4) SUBMISSION FORMAT - Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation in three (3) distinctly severable volumes in accordance with the instructions included herein as follows:

a. Factor 1 – Technical Capability and Staffing Plan (Volume I)

b. Factor 2 – Past Performance (Volume II)

c. Factor 3 – Price (Volume III)

(5) Factor 1 – Technical Capability and Staffing Plan - This volume shall not exceed 25 pages, exclusive of the title page and table of contents which may be marked with roman numerals (ie. i, ii, iii…). Pages shall be numbered sequentially beginning with page 1. Beginning with the first page, only the number of pages up to the specified limit will be considered in the quote evaluation. Pages in excess of the number specified will not be considered. Quotes shall be typed with 1" margins on all sides with easily readable font. The minimum font size shall be 12-point.

A technical description of the services being offered shall be provided in Volume I addressing the questions below. Each narrative question shall be stated followed by the response. The response to each narrative question shall be answered directly and written in a clear and thorough manner, describing precisely how the offeror proposes to perform the requirements. Complete all narrative questions and responses.

a. Explain your company's comprehensive food safety protocols, include specific technologies used for end-to-end traceability, to ensure full compliance with USDA, FDA, and DoD regulations across the receipt, storage, handling, and delivery of dry, refrigerated, and frozen goods. Specify any unique procedures implemented for dry, refrigerated, and frozen foods throughout your entire supply chain to ensure continuous and full compliance with all relevant food safety regulations, from origin to delivery. Explain the temperature controls and spoilage prevention measures your company uses for refrigerated and frozen goods to ensure product quality is maintained during storage, handling, and transportation.

b. Explain how your company will receive, inspect, store, and deliver dry, refrigerated, and frozen product to commissaries in accordance with PWS performance requirements. Explain how your company will use industry best practices to accomplish tasks. Ensure your response also explains your delivery response times upon receipt of a notification for delivery from each commissary.

c. Explain how your company will maintain cold chain food integrity in the event of unexpected power failures, as a result of acts of God, in accordance with PWS performance requirements.

d. What proactive and reactive measures does your company employ to guarantee consistently on-time and reliable deliveries despite potential disruptions, include examples of successfully navigated past delivery challenges and provide your company’s current on-time delivery performance metrics?

e. Explain how your company will perform inspections to handle stock discrepancies and losses, including providing stock discrepancy allowance reimbursements, and how your company will provide reporting and mitigation procedures to prevent reoccurrences?

f. Explain the security measures your company has in place during storage and transportation to prevent commingling, theft, tampering, or contamination of the product.

g. Explain your customer service process, including how you address inquiries and resolve problems, your typical response times, and your customer service team's operating hours.

h. Describe your staffing plan or labor mix in sufficient detail to address your approach, assigned staffing capabilities, team structure, size and experience to meet the requirements of the PWS. If you are teaming with another contractor identify how the combined team will work together to fulfill the requirements of the contract.

Factor 2 – Past Performance –The offeror shall present information on no more than three (3) recent and relevant contracts previously performed or on-going. Recent is defined as within three years of the issue date of the solicitations. Relevant is defined as similar in size, scope, and complexity for this requirement. This may include contracts where the offeror acted as a prime as a subcontractor. Past performance information for the three projects shall be submitted in Volume II utilizing your company letterhead. The following information shall be provided at a minimum:

a. name and mailing address of the business reference;

b. contract information to include contract numbers, contract type, place of performance, period of performance, and estimated dollar amount;

c. customer’s point of contact name, title, email, and telephone numbers; and

d. other relevant information to include type of business and nature of the work performed (e.g., retail, wholesale, food service delivery, etc.).

e. In your submittal, describe at least two specific instances of food storage and delivery projects where your company faced and overcame unexpected challenges like weather, staffing, equipment issues, or demand spikes, being sure to detail the specific problem and the innovative solutions used to ensure successful food storage and delivery.

(6) Factor 3 - Price – Price and any discount terms shall be submitted in Volume III.

(7) Small Business Subcontracting Plan – To be considered for award a quoter shall submit a subcontracting plan in Volume III. As prescribed in FAR Part 19.702 and FAR Clause 52.219-9, ALT II, Small Business Subcontracting Plans, an offeror who is a large business per the NAICS Code 493110 for this solicitation, shall provide a small business subcontracting plan with their offer. The subcontracting plan must comply with the requirements of FAR Part 19. 704 and DFARS Part 219.704. Failure to submit and negotiate a subcontracting plan shall make an offeror ineligible for consideration for award of a contract. A Small Business Subcontracting Plan is not required from small businesses under the solicitation NAICS code.

(8) The following fill-in clauses must be completed and submitted in Volume III:

a. FAR CLAUSE 52.209-7, Information Regarding Responsibility Matters

b. FAR CLAUSE 52.212-3 ALT I, Offeror Representative and Certifications – Commercial Items. A completed copy of the representations and certifications at FAR 52.212-3 ALT I (see FAR 52.212-3 (b) for those representations and certifications that the offeror shall complete electronically through the System for Award Management (SAM.gov)).

c. FAR CLAUSE 52.229-11, Tax for Certain Foreign Procurements-Notice and Representation

d. FAR CLAUSE 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

e. FAR CLAUSE 52.204-26, Covered Telecommunications Equipment or Services-Representation

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the elements that decreased confidence in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision) 52.212-2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

a. Factor 1 – Technical Capability and Staffing Plan

b. Factor 2 – Past Performance

c. Factor 3 – Price These are listed in descending order of importance.

Technical and past performance, when combined, are more important, when compared to price.

(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.