Solicitation_19Q0003_Ice.docx

M6739919Q0003

Section SF 1449 - CONTINUATION SHEET

Base Year, Bagged Ice (20lbs.)

FFP

Base Year, Bagged Ice (20lbs.) in accordance with the Performance Work Statement.

FOB: Destination

PSC CD: 8960

MAX

NET AMT

UNDEFINED

Base Year, Refrigerated Trailer Rental

Refrigerated Trailer Rental 48' in accordance with the Performance Work Statement. Price shall include: Pickup and delivery charges.

MAX

0002AA

Refrigerated Trailer Rental

Refrigerated Trailer Rental 48' Daily Rate

MAX

0002AB

Refrigerated Trailer Rental

Refrigerated Trailer Rental 48' Weekly Rate

MAX

0002AC

Refrigerated Trailer Rental

Refrigerated Trailer Rental 48' Monthly Rate

MAX

Base Year, Refrigerated Hours

Refrigerated Trailer Rental Hours 48' in accordance with the Performance Work Statement.

NET AMT

FFP

Base Year, Bagged Ice (20lbs.) in accordance with the Performance Work Statement.

NET AMT

UNDEFINED

Refrigerated Trailer Rental 48' in accordance with the Performance Work Statement. Price shall include: Pickup and delivery charges.

MAX

1002AA

FFP

Refrigerated Trailer Rental 48' Daily Rate

MAX

1002AB

FFP

Refrigerated Trailer Rental 48' Weekly Rate

MAX

1002AC

FFP

Refrigerated Trailer Rental 48' Monthly Rate

MAX

FFP

Refrigerated Trailer Rental Hours 48' in accordance with the Performance Work Statement.

MAX

FFP

Base Year, Bagged Ice (20lbs.) in accordance with the Performance Work Statement.

NET AMT

UNDEFINED

Refrigerated Trailer Rental 48' in accordance with the Performance Work Statement. Price shall include: Pickup and delivery charges.

MAX

2002AA

FFP

Refrigerated Trailer Rental 48' Daily Rate

MAX

2002AB

FFP

Refrigerated Trailer Rental 48' Weekly Rate

MAX

2002AC

FFP

Refrigerated Trailer Rental 48' Monthly Rate

MAX

FFP

Refrigerated Trailer Rental Hours 48' in accordance with the Performance Work Statement.

MAX

FFP

Base Year, Bagged Ice (20lbs.) in accordance with the Performance Work Statement.

NET AMT

UNDEFINED

Refrigerated Trailer Rental 48' in accordance with the Performance Work Statement. Price shall include: Pickup and delivery charges.

MAX

3002AA

FFP

Refrigerated Trailer Rental 48' Daily Rate

MAX

3002AB

FFP

Refrigerated Trailer Rental 48' Weekly Rate

MAX

3002AC

FFP

Refrigerated Trailer Rental 48' Monthly Rate

MAX

FFP

Refrigerated Trailer Rental Hours 48' in accordance with the Performance Work Statement.

MAX

FFP

Base Year, Bagged Ice (20lbs.) in accordance with the Performance Work Statement.

NET AMT

UNDEFINED

Refrigerated Trailer Rental 48' in accordance with the Performance Work Statement. Price shall include: Pickup and delivery charges.

MAX

4002AA

FFP

Refrigerated Trailer Rental 48' Daily Rate

MAX

4002AB

FFP

Refrigerated Trailer Rental 48' Weekly Rate

MAX

4002AC

FFP

Refrigerated Trailer Rental 48' Monthly Rate

MAX

FFP

Refrigerated Trailer Rental Hours 48' in accordance with the Performance Work Statement.

MAX

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

270,000.00

5.00

5.00

25.00

13,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

12-DEC-2019

CHARLES RESTIFO

MCAGCC

TWENTYNINE PALMS CA 92278

760-830-1219

M35001

12-DEC-2019

CHARLES RESTIFO

MCAGCC

TWENTYNINE PALMS CA 92278

760-830-1219

M35001

12-DEC-2019

M35001

12-DEC-2019

M35001

12-DEC-2019

M35001

12-DEC-2020

M35001

12-DEC-2020

CHARLES RESTIFO

MCAGCC

TWENTYNINE PALMS CA 92278

760-830-1219

M35001

12-DEC-2020

M35001

12-DEC-2020

M35001

12-DEC-2020

M35001

12-DEC-2021

M35001

12-DEC-2021

CHARLES RESTIFO

MCAGCC

TWENTYNINE PALMS CA 92278

760-830-1219

M35001

12-DEC-2021

M35001

12-DEC-2021

M35001

12-DEC-2021

M35001

12-DEC-2022

M35001

12-DEC-2022

CHARLES RESTIFO

MCAGCC

TWENTYNINE PALMS CA 92278

760-830-1219

M35001

12-DEC-2022

M35001

12-DEC-2022

M35001

12-DEC-2022

M35001

12-DEC-2023

M35001

12-DEC-2023

CHARLES RESTIFO

MCAGCC

TWENTYNINE PALMS CA 92278

760-830-1219

M35001

12-DEC-2023

M35001

12-DEC-2023

M35001

12-DEC-2023

M35001

PERFORMANCE WORK STATEMENT

BAGGED ICE AND REFRIGERATED TRAILER RENTAL

1. BACKGROUND. The requirement is to provide Bagged Ice and Refrigerated Trailers for the Camp Wilson Dining Facility and to various organizations located aboard the Marine Air Ground Task Force Training Command (MAGTFTC), Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms, CA. The quantities requested in each individual Delivery Order will be determined by the number of units training and by the desert temperatures (i.e. more ice is required during the summer months vice the winter months). A pricing schedule is requested for delivery in quantities ranging from one (1) twenty-pound bag to (1) truckload of twenty-two (22) pallets of (104) 20lb bags per pallet.

2. DESCRIPTION OF SERVICES. Refrigerated Trailers will be required in 48’ size. Bagged Ice shall be cubed. Bagged ice shall be packaged in plastic bags weighing 20 pounds apiece. Plastic Bags shall be approved commercially for packing, transporting and storing. Bagged ice for delivery orders of one or more whole pallets shall be palletized on returnable pallets with 104 BAGS PER PALLET. The pallets shall be properly secured, shrink wrapped and tied for easier accessibility in transporting and storing. Bagged ice shall be on pallets with a 4 millimeter minimum thickness plastic sheet between the ice and the pallet to prevent ice from freezing to the pallet. Bags used for packaging must be made with odor-free 100% virgin Linear low-density polyethylene (LLDPE) resins, which meet all U.S. Food and Drug Administration (FDA) & United States Department of Agriculture (USDA) requirements for food contact.

Ice labels on packaged ice shall meet the FDA Food Labeling requirements. The labels must list the name and place of business of the manufacturer, packer, or distributor of the ice. The labels must also list the net quantity of contents of the product. Because ice is a single ingredient food, packaged ice does not need listing of ingredients. In addition, ice does not require a nutrition facts label, unless the package has a nutrient content claim (such as low in sodium). Ice labeled as being from a specific source, such as spring water or artesian well water, must be truthfully labeled and not misleading; in other words, it must really be from that source. The source water must meet all the requirements for such types of source water, as described in the FDA Regulations. In addition to all applicable FDA regulations, contractor is to comply with the California Health and Safety Code, Division 104, Part 5, titled Sherman Food, Drug, and Cosmetic Law effective January 1, 2012 (as amended and/or updated).

3. REFRIGERATED TRAILERS. Refrigerated trailers shall be powered by diesel fuel. A Joint Limited Technical Inspection (LTI) shall be performed at the time of delivery. The LTI shall be performed between the Authorized Government Representative and the Contractor. The LTI shall document the service condition of the refrigerated trailer, to include tires, doors, and frame. The oil and fuel levels shall also be documented. The contractor shall be responsible for any necessary repairs of the refrigerated trailers due to equipment failure. Any damage/repairs to the refrigerated trailers that are the result of misuse by the Government are subject to additional charges and will be issued under a separate purchase order.

4. REFRIGERATED HOURS. The Refrigerated Hours shall be quoted as units of days; one day is equivalent to 16 hours. The refrigerated hours required shall be specified in the individual delivery orders. The initial hour meter reading shall be documented during the Joint LTI. The refrigerated trailer temperature shall not be set below 15 degrees Fahrenheit. The Government shall shut the refrigerated trailer off once a week for approximately five (5) minutes to check the oil and fuel levels; add oil and refuel as necessary, at the Government’s expense.

5. DELIVERY ORDERS. The Government shall submit Delivery Orders utilizing the Standard Form (SF) 1449 Solicitation/Contract/Order for Commercial Items, issued by the Regional Contacting Office (RCO). No work shall be allowed to start without a signed Delivery Order. The contractor shall be required to prepare to commence work on each Delivery Order within 12 business hours after issuance of the Delivery Order, unless the Delivery Order specifies differently. Point of contact and telephone information shall be identified for each delivery order by the RCO.

6. PLACE AND FEQUENCY OF DELIVERY. The delivery location shall be specified at the time each Delivery Order is placed and if the order is for a full trailer, it shall be delivered within 24 hours of receipt of the order or the specified time of order. Partial trailer deliveries shall be delivered two days per work week. The furthest delivery location is Camp Wilson, approximately 7 miles from Mainside.

7. DELIVERY TICKETS. The Contractor shall furnish the authorized Government Representative with a copy of the Delivery Ticket at the time of delivery. Each delivery ticket shall reflect the Order Number, Contract Number, Item Number, Description of Supplies/Services and the Quantities Received. The authorized Government Representative is responsible for Inspection and Acceptance for all items orders, prior to certifying items received in Wide Area WorkFlow (WAWF).

8. PERIOD OF PERFORMANCE. The period of performance will be 12 consecutive months with four (4) potential option years. The option provision, FAR 52.217-8 Option to Extend Services, may be used for the extension of performance for an additional 6 months.

9. BASE ACCESS. All personnel employed by the contractor, or any representative of the contractor entering MCAGCC, shall abide by all the regulations of the installation, which may be in effect during the contract period. The Government reserves the right to restrict access to the installation under the contract of any contractor employee, or prospective contractor employee, who is identified as potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

All contractor employees are required to obtain business access. All contractor personnel, their vehicles, and other property entering, leaving, and while within the confines of MCAGCC, shall be subject to search and/or inspection.

10. CERTIFICATION. The Contractor shall confirm in writing, that they meet or exceed the minimum sanitary requirements for manufacture, storage, and transport of ice as follows and in accordance with the Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food (Code of Federal Regulation Title 21, Chapter 1, Part 110). Certification shall be provided to the Contracting Officer within 30 days after contract award. In addition to the above certification, the contractor must be compliant in accordance with California Health and Safety Code, Division 104, Part 5.

11. REQUIRED INSURANCE. The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance.

This insurance shall include Contractor’s prospective liability and contractual liability.

Per Accident for Bodily Injury $500,000.00 Per Accident for Property Damage $20,000.00

12. INSPECTION OF CONTRACTOR FACILITIES. The Government reserves the right to conduct an inspection of contract facilities prior to awarding a contract or at any time during the contracted period. The Contracting Officer may be accompanied by a representative from the offices of the Staff Judge Advocate, Inspector General, Preventive Medicine, and Crime Prevention, Safety and Fire Departments and/or other personnel deemed appropriate by the Contracting Officer. Such inspection will be performed to ascertain that the Contractor’s manufacturing facility meets the standards established in the Army Regulation 40-657, NAVSUP 4355.4H and MCO P10110.31H Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Services. Failure to pass the inspection shall be cause for suspension and/or termination of the contract.

13. GENERAL INFORMATION

13.1. Hours of Operation. The standard hours of operation for purposes of this contract are 8:00 a.m. – 4:00 p.m., Pacific Time (Monday through Friday), except Federal Holidays.

13.2. Qualifications. The contractor shall employ only properly certified persons who are experienced and trained in working on the equipment and who have knowledge of the maintenance requirements of the equipment. Contractor employees shall be capable of troubleshooting, servicing, maintaining, repairing and operating the equipment.

13.3. Dress Code. The Contractor shall ensure that employees maintain a clean, well-groomed appearance. Contractor shall wear company badges at all times.

Special Instructions:

MINIMUM SANITARY REQUIREMENTS FOR MANUFACTURE, STORAGE, AND TRANSPORT OF ICE AS FOLLOWS AND IN ACCORDANCE WITH THE CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD (Code of Federal Regulations, Title 21, Chapter 1, Part 110) ICE, MANUFACTURED FROM WATER THAT IS PURE, SANITARY, AND SUITABLE FOR DRINKING PURPOSES. ICE SHALL BE HARVESTED, HOUSED, HANDLED, AND/OR MANUFACTURED UNDER SANITARY CONDITIONS.

1. Only potable water shall be used to manufacture ice and for submerging or spraying ice cans for removal of ice cakes. Cross connections between potable and non-potable water systems are prohibited.

2. Surface of floors, walls, and ceiling of all rooms used for manufacture, processing, and storage of ice shall be smooth construction and shall be kept clean and in good repair.

3. All equipment and utensils used in ice plants shall be of smooth, nontoxic materials, kept clean, in good repair, handled and stored in a sanitary manner.

4. Freezing cans shall be disinfected by steam or submerged for one (1) minute in a 50 part per million (ppm) free available chlorine solution at 75-80 degrees F (24-27 degrees C).

5. Freezing tank covers shall be designed and maintained so as to protect the ice containers from splash, drip, and other contamination.

6. All air filters for water agitation shall be filtered to exclude dust and other foreign material. Intake shall be arranged so as to minimize dust in the air used.

7. Persons known to have a communicable disease shall not be employed. No person afflicted with, or a carrier of, a communicable disease shall be permitted in any room or compartment where products are prepared, manufactured, or otherwise handled. No person who has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portion of the body shall work in any processing rooms or in any capacity resulting in contact with the processing or handling of products, containers, or equipment. Where health authorities require health certificates, said certificates shall be kept on file at the plant office. Plant personnel shall receive appropriate training in proper food handling techniques and food protection principles and shall be cognizant of the danger of poor personal hygiene and unsanitary practices.

8. Cleanliness. All employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. They shall keep their hands clean and follow acceptable hygienic practices while on duty. Eating, expectorating, or use of tobacco in any form shall be prohibited in each room and vehicle where food products or supplies are prepared, stored, or otherwise handled. Personnel shall not wear fingernail polish or unsecured jewelry. All persons engaged in receiving, testing, processing, manufacturing, packing, or handling food products shall wear clean, white, or light – colored washable outer garments. Hair nets, headbands, caps, beard nets, or other effective hair restraints to effectively cover hair shall be worn so as to prevent contamination of food and food contact surfaces. Employees’ personal effects shall not be stored in production areas. No personnel shall enter any room or area where ice contacts a walking surface, unless clean suitable boots or shoe covering are worn. The boots or shoe coverings shall be removed when the individual leaves the room or area. If the boots or shoe coverings are not removed, they shall be thoroughly washed in an approved sanitizing solution before re-entering such rooms or areas. Street shoes or boots with suitable coverings shall not be allowed in these areas or rooms.

9. Vehicles need to be capable of traveling maintained dirt roads, when applicable, and transportation facilities shall be constructed and operated to protect contents from contamination or deterioration. Vehicles used for transporting ice shall be kept clean, in good repair, and conform to the highest standards of commercial transportation. The vehicles used for transporting and delivering unpacked ice shall be operated and maintained so as to prevent contamination of ice and shall be of closed construction with tight fitting covered bodies. All vehicle surfaces coming in contact with packaged and non-packaged ice shall be thoroughly cleaned, washed, and sanitized immediately prior to loading the ice.

10. The contractor shall provide clean toilet and hand-washing facilities, and supplies necessary for personal hygiene, to include soap, toilet tissue, paper towels, and waste receptacles, at all times in sufficient quantity to accommodate the number of Contractor personnel using the facility.

11. Vendor must also comply with vendor certification in accordance with VETCOM Circular 40-1.

DELIVERY TIMES (APR 2010) (Supplies)

(a) Truck deliveries accepted between the hours of 8:00 a.m. – 4:00 p.m. No deliveries will be accepted on Saturdays, Sundays, or legal holidays.

(b) In the event any of the above holidays occur on a Saturday or a Sunday, then the holiday shall be observed by the contractor in accordance with the practices as observed by the assigned government employees at the using activity. This includes the Friday after all holidays observed or occur on a Thursday (i.e. Thanksgiving). Contractors are allowed to contact freight personnel at (760) 830-6408 or (760) 830-1563 to schedule appointments for large deliveries.

MCAGCC Access/Security Requirements-Contractor and Contractor-Employee Access Conditions:

1. Access Procedures Are Mandatory: The contractor shall comply with all current access procedures throughout all performance periods under this contract, and changes to these procedures shall not constitute grounds for contractor claims or request for equitable adjustment. All contractor employees are required to obtain business access or permanent business access. Daily access procedures must not be used to circumvent background check requirements outlined below. Attempts to improperly use daily access procedures may result in denial of access to the involved employees.

2. Business Access: Required for contractor employees requiring access for periods from one day to one year. Submit the following:

•A valid form of Federal or state government I.D.

•If driving a motor vehicle, a valid driver's license, vehicle registration and proof of insurance.

•Proof of employment on a valid Government contract (e.g., a letter from the prime contractor including contract number and term).

•Proof of an employee background check conducted within the past year covering the previous two years. Contractor employee background checks are conducted at contractor expense. The background check:

Note: All contractor personnel performing work under this contract requiring access to the military installation shall obtain personal entry and a vehicle pass from the Provost Marshal’s Office (PMO) of the Combat Center. For the MCAGCC/MAGTFTC, this process includes the completion of a COMBAT CENTER ACCESS AUTHORITY letter issued by the Regional Contracting Office (NW).

3. Permanent Business Access: Required for contractor employees requiring access for periods from one to three years. Submit all items listed above under “business access.” NCIC check and fingerprint of all contractor employees will be conducted at Government expense. Contractor-provided background checks will be reevaluated annually, and will be updated by the contractor as required at the contractor’s expense.

4. Emergency Access: Each Marine Corps installation develops its own procedures which allow the contractor quick access without compromising installation security for situations in which contractor response is crucial in order to preserve and/or restore critical facilities. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

5. Installation Access Badges: Each Marine Corps installation develops its own procedures for readily identifying contractor employees working on the installation. The installation may either provide access badges to individual contractor employees at government expense or it may require the contractor to provide badges to its employees, at its expense. The contractor is responsible for ascertaining and complying with the procedures established by each installation on which it does business.

6. Denial of Access: The Commanding General of each installation has broad authority to remove or exclude any person in fulfilling his responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding General may refuse to grant access or may bar contractor employees, including employees who have previously been granted access. Refusal to grant an employee access or barment of an employee does not relieve the Contractor of the responsibility to continue performance under this contract. Among other reasons, access may be denied if it is determined that an employee:

c. is subject to an outstanding warrant.

d. has knowingly submitted an employment questionnaire with false or fraudulent information.

e. has been issued a debarment order and is currently banned from military installations.

7. Employee Identification: Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor through the use of uniforms or nametags, or via an alternate method approved by the Contracting Officer.

8. Employee Compliance. The Contractor’s employees shall observe and comply with all MCAGCC/MAGTFTC rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract. Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by military police, law enforcement, or other security or safety personnel.

9. Contract Termination: The Contractor is responsible for ensuring clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vmfara.htm

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vmfara.htm

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(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 System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

1. technical capability of the item offered to meet the Government requirement;

1. 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.

EVALUATION ADDENDUM

52.212-2 EVALUATION--COMMERCIAL ITEMS--ADDENDUM

Basis for contract award - This acquisition is being conducted under FAR Parts 12 and 13.5. Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items. Noncompliance may be grounds to eliminate the proposal from consideration for contract award. Award will be made utilizing a Lowest Price Technically Acceptable (LPTA) source selection method. By submission of its quote in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the Quoter agrees to the terms of this solicitation.

Specifically, the evaluation process shall proceed as follows:

First, the quotes will be ranked in order from lowest to highest based on the price. The lowest priced quotation will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the Government's minimum requirements as described in the schedule. Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

Past performance will then be evaluated and assigned a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the past performance must present a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note above) Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

If the lowest priced offeror’s Technical quote and past performance are rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness per FAR 13.106-3.

If the lowest priced quotation is evaluated to have an acceptable technical quote, acceptable past performance, and fair and reasonable prices, per FAR 13.106-3, the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.

If the lowest priced quotation is assigned an unacceptable rating, or if the price is determined not fair and reasonable or if the Quoter is found to be non-responsible, the next lowest priced quote will be evaluated. This process will continue (in ascending order) until an offeror is evaluated to have an acceptable technical rating, fair and reasonable prices and the offeror is deemed responsible or until all offers have been evaluated.

The government reserves the right to evaluate all quotes. The award will be made to the offeror whose proposal represents the best value to the government on a LPTA basis, factoring in price and non-price factors – Technical Capability and Past Performance.

Factor 1: Technical. Each offeror’s technical proposal will be evaluated as Acceptable or Unacceptable as defined below:

Technical Acceptable/Unacceptable Ratings

requirements of the solicitation.

requirements of the solicitation.

Factor 2: Price

In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the government) using one or more techniques set forth in FAR 13.106-3.

Options. IAW the provision at FAR 52.217-5, the Government will evaluate offers for award purposes by adding the total price for all options, including the option under FAR 52.217-8, to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise options. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Offerors are advised that the Option to Extend Services Clause at 52.217-8 is included in the solicitation and will be included in the awarded contract. When proposing prices for base and option years, Offerors should consider that the government may choose to exercise the option to extend services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised. For purposes of evaluation, the Government assumes that any price proposed for base and option periods reflects the possibility that a period of performance may be extended.

The government reserves the right to award no contract at all depending on the quality of the quotes submitted and availability of funds for the requirement. The government intends to evaluate proposals and award a single contract without requesting or accepting revised proposals. Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The government does reserve the right to clarify aspects of the proposals and hold discussions.

All proposals are to be submitted electronically to tricia.murray@usmc.mil or may be hand carried or delivered to:

Ms. Tricia Murray

MAGTFTC/MCAGCC

Regional Contracting Office Building 1102, Door 21 Twentynine Palms, CA 92278

Due to data processing procedures within the DoD Network, please submit all electronic attachments in PDF Format only.

FAXED PROPOSALS WILL NOT BE ACCEPTED

For proposals delivered by hand, offerors are advised that entry to the installation is restricted, and offerors are directed to familiarize themselves with the entry control location and process. Entry processing time is unpredictable and can be lengthy. The addressee indicated above may be able to facilitate entry processing, but is not required to do so, and inability to gain access shall not excuse late delivery.

If proposals are submitted in different formats requiring different delivery methods, the proposal of record shall be the last complete version received prior to the deadline.

For email proposals, the Government office designated for receipt of the proposal is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(f) or FAR 52.215-1(c)(3), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government’s control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 2MB. Offerors are specifically warned that email may be subjected to spam filters or attachment stripping.

All transmissions must clearly state the solicitation number and the name of the contracting officer on the first page to ensure proper receipt.

Attention is directed to FAR 52.212-1(f), concerning late submissions. Offerors are responsible for allowing adequate time for transmission to be completed.