SF30 - Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

PAGES

2. AMENDMENT/MODIFICATION NO.

Amendment 0001

3. EFFECTIVE DATE

See Block 16C

N/A

6. ISSUED BY CODE

USDA/FSA/KCCO/DPD-PCB

6501 Beacon Drive, Mail Stop 8718 Kansas City, MO 64133-4676

7. ADMINISTERED BY (If other than Item 6) CODE

Same as Block # 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, state, ZIP Code)

X

9A. AMENDMENT OF SOLICITATION NO.

KCCO-DPD-09-PA11-159

9B. DATED (SEE ITEM 11)

8/7/2009

CODE FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS;

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority): THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE-NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority):

E. IMPORTANT: Contractor _XX__ is not, ___is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See Page 2.

Except as provided herein, all terms and conditions of the document referenced in Items 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Ray Boyd, Contracting Officer

15B. CONTRACTOR/OFFEROR

BY____________________________________________

(Signature of person authorized to sign)

15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA

BY____/s/ __ (Signature of Contracting Officer)

16C. DATE

SIGNED

8-7-09

NSN 754-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83) temp03.dot PREVIOUS EDITION UNUSABLE Prescribed by GSA

MS ( ) FAR (48 CFR) 53.

Amendment No. 0001 Solicitation # KCCO-DPD-09-PA11-159

Block 14 (cont'd)

This amendment is issued:

1. To provide the Questions and Answers received to date. (The cutoff date for questions is

August 12, 2009, 4:30 P.M. CDT

Q1. Will a “Force Majeur” or a “local catastrophe” clause be added?

A1. Please reference Addendum to paragraph (f) - Excusable delays (Page 8 of Solicitation #

KCCO-DPD-09-PA11-159).

Q2. When will the tonnage be determined for 8 (a)?

A2. The tonnage for 8(a) will be specified in the delivery order competition request. It is anticipated that this solicitation will follow the current policy guidelines for this agency and offer approximately 5% of the total pounds of the commodity to 8(a) contractor(s).

Q3. Will this tender qualify as a sole source 8 (a) tender?

A3. No

Q4. The contract mentions WBSCM (web supply chain system). What are the projected technical requirements?

A4. Basic requirements will include internet access and a web browser. More specific information will be provided closer to implementation of the new system. Interested parties may sign up for an electronic newsletter related to WBSCM, or check their current newsletter(s) subscription status, on FSA’s website:

http://www.fsa.usda.gov/FSA/subscriptions?area=newsroom&subject=landing&topic=subscr iptions.

The WBSCM newsletter sign-up is located within the “Commodity Operations” section, “Web Based Supply Chain Management News” option.

Q5. Delivery Order Procedures- Need clarification on what this paragraph means.

A5. It is anticipated that delivery order competitions will be issued on a quarterly basis to the successful offerors whose proposal under this solicitation have been accepted. The first delivery order competition is schedule for delivery in October, November and December of 2009.

Q6. Is the purpose of this solicitation to establish a qualified suppliers who will then have the opportunity to bid on a routine basis similar to the current quarterly bids or will the USDA be awarding actual contracts based on this bid?

A6. The purpose of this solicitation is to award multiple IDIQ contracts—referred to as a “pool of contractors.” Subsequently, the Government will conduct periodic delivery order competitions for pasta among the IDIQ contractors only. There will not be a “qualified supplier list.” This solicitation is issued as a request for proposals (RFP) rather than an invitation for bids. RFPs allow evaluation of technical factors in addition to price.

(8/7/2009) http://www.fsa.usda.gov/FSA/subscriptions?area=newsroom&subject=landing&topic=subscriptions http://www.fsa.usda.gov/FSA/subscriptions?area=newsroom&subject=landing&topic=subscriptions

Q7. Are we locking prices for 12 months or two weeks on this bid?

A7. The price proposals under this solicitation will be locked from the offers due date (August 19, 2009 – 9:00 A.M. CDT) to the award notification date (September 15, 2009 – 4:00 P.M. CDT). Price proposals submitted will not be applicable to delivery order competitions which will allow for submission of prices specific to each truckload to be delivered.

Q8. 4K52.270-1002 states that delivery instructions or purchase orders will be issued “at least seven (7) calendar days prior to the first day of each delivery period”. Will these instructions be our first warning of an award? This is a short lead-time for such high-volume contracts.

A8. We acknowledge and apologize for the short lead-time. We anticipate that the first delivery order competition will be for deliveries in October, November and December of 2009. Once award is made the successful vendors will be immediately contacted and informed of the delivery order items they have been awarded. USDA is responsible for issuing specific delivery instructions at least seven (7) calendar days prior to the first delivery period.

Q9. Will bids be awarded solely on the FOB plant cost of the product or will the USDA be adding a new freight component and combining the two to award the bid on the lowest, total delivered cost?

A9. This solicitation will use the “FOB plant” price to award IDIQ contracts. Delivery order competitions that will occur after IDIQs are awarded are planned to solicit f.o.b. destination prices.

Q10. For a manufacturer with multiple plant locations, does it submit separate proposals for each location?

A10. Manufacturers with multiple plant locations will need to submit only one proposal but they must identify all of their plants that will be utilized for the delivery order competitions.

Q11. Will pricing be established once during the contact period (1 yr+), Or can pricing be adjusted at each renewal period beyond one year, OR will pricing be established periodically throughout the contract period? What is the time period of a “specific requirement period”?

How often are we expected to submit pricing?

A11. Price is anticipated to be established with a delivery order competition. The delivery order competitions are schedule to occur on a quarterly base with the possibility of additional supplemental and/or emergency procurements.

Q12. What is the duration of the periodic delivery order? Would we expect that a delivery order period would remain a 15 day window?

A12. For the duration of the periodic delivery orders see A5 above. The delivery period will currently remain as a 15 day window.

Q13. What is the lead time or advance notification from the time a purchase order is issued until the expected delivery of the product?

A13. It will vary. After the award of the initial delivery order competition we anticipate that the delivery order competitions will be released at the minimum of 30 days in advance of the first delivery.

Q14. 4K52.216-001 Delivery Order Procedures describe a process similar to the current solicitation to bid process. Is the purpose of the RFP to limit the number of qualified participants?

A14. No

Q15. Estimated yearly quantity is listed as 42,000,000 pounds with ten possible product shapes / configurations. Is there a rough percentage of how this volume breaks down between the different items?

A15. For reference only, the following table provides a percentage breakdown of recent product purchases, by the different types of pasta:

Percentage Purchased by Type Commodity Type Pack size

FY 09 FY08 FY07

Macaroni Elbow 20 LB CTN 3% 5% 6% Macaroni Elbow 24/1 LB PKG 24% 24% 22% Rotini 20 LB CTN 3% 4% 9% Spaghetti 12/2 LB PKG 40% 45% 41% Spaghetti 20 LB CTN 5% 7% 9% Egg Noodles 12/1 LB PKG 10% 9% 10% Whole Grain Rotini 20 LB CTN 4% 3% 1% Whole Grain Rotini 20/1 LB PKG 7% 1% 0% Whole Grain Spaghetti 20 LB CTN 3% 2% 2%

Pasta

Whole Grain Macaroni 20 LB CTN 1% 0% 0%

Q16. Maximum Contract amount is listed as 315,000,000 pounds. In the event that actual annual contract amount is well above the estimated volume, and assume a limited pool of suppliers, is it possible to reject all or a portion of future demand during the contract period based on production capacity?

A16. Yes

Q17. Will opportunities be addressed through the DEBES system or will there be some other method to communicate interest or constraints on a particular item?

A17. Until the Web Based Supply Chain Management system (WBSCM) is in effect, the Domestics Electronic Bid Entry System (DEBES) will be utilized to communicate interest or constrains on a particular product item.

Q18. The Price Proposal form indicates that the offer should not include freight. Is the manufacturer will no longer be responsible for shipping? If not, will the USDA be arranging the freight?

A18. The price proposals submitted in response to this solicitation will be used to evaluate offer prices for those offerors whose technical proposals are determined to be acceptable.

Subsequently, delivery orders awarded to IDIQ contractors are anticipated to be on an f.o.b.

destination delivery basis.

Q19. Will KCCO apply a least cost method approach to figure the total delivered cost?

Would a model used include the offer and add a standard lane rate from the manufacturer’s dock to the destination point?

A19. Please see A18

Q20. Are there any changes to the late delivery penalty policy? What are the concessions to the manufacture when equipment is not available in order to make the intended delivery appointment?

A20. There are no automatic liquidated damages associated with this solicitation. Late deliveries are a contractual issue which may adversely impact a vendor’s ability to participate in future delivery order competitions.

Q21. Ocean freight requires extended lead times and will need to be considered well in advance of any delivery period. How will this freight be handled?

A21. We acknowledge that ocean freight requires extended lead-time and we will, on a case by case basis, adjust delivery dates to reflect commercial practices.

Q22. Occasionally it is advantageous to ship via intermodal rail. Will the KCCO dictate which mode of transportation to use and if so, how will transit time impact any late fee structure?

A22. USDA will have the responsibility to identify if a delivery point can accept truck and/or rail. If a vendor elects to use intermodal services they remain responsible for having the commodity delivered in a timely manner.

Q23. Does this mean there are no more quarterly buys?

A23 This IDIQ contract with its firm fixed price delivery order competition replaces the pasta quarterly buys.

Q24. Does it mean their will no longer be a Service Disable Veteran Owned Small Business (SDVOSB) set-aside?

A24. It is anticipated that this solicitation will follow the current policy guidelines for this agency and offer approximately 3% of the total pounds of the commodity that SDVOSB concerns can provide to concerns that have been identified as being SDVOSB and have been awarded an IDIQ contract under this solicitation

Q25. Will the existing schedule still apply for the remainder of the year?

Q25. No

2. Adding the following Contract Clause:

52.216-27 Single or Multiple Awards.

As prescribed in 16.506(f), insert the following provision:

Single or Multiple Awards (Oct 1995).

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision).

3. All other terms and conditions remain unchanged.

http://www.arnet.gov/far/current/html/Subpart 16_5.html#wp1093261