RFQ 70CDCR23Q00000011.pdf

RFQ Number: 70CDCR23Q00000011

SECTION B – SUPPLIES and PRICES/COSTS

RFQ Title: Meal Services.

RFQ Issue Date: July 28, 2023 RFQ Q&A Session Closing Date: August 7, by 12:00 p.m. Pacific Standard Time (PST) RFQ Closing Date: August 10, 2023, by 12:00 p.m. PST.

B.1 PURPOSE

The Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE), Office of Enforcement & Removal Operations (ERO) has a requirement for freshly prepared meals and is seeking to replace its current meal services contract and to acquire a new one. The primary purpose of this Request For Quotation (RFQ) is to find a contractor that shall be able to provide freshly prepared meals and special bag meals daily, from Monday through Sunday (7) days a week.

The offeror is anticipated to furnish all labor, supplies, supervision, materials, equipment, and the meals transportation to the ICE Operation Office in San Diego, CA. This requirement is for Total Small Business Set-Aside only.

B.2 CONTRACT TYPE

The Government intends to award a Task Order Contract with a fixed price for each Contract Line Identification Number (CLIN) based on the annual estimated quantities which could vary pending on the Government need in accordance with FAR Part 12.207(C)(1)(i). The Period of Performance will be for twelve (12) months, with four (4) possible one (1) year options. The resultant contractor is anticipated to start work on September 1, 2023.

B.3 PRICING

The pricing shall be established under a Firm Fixed Price for each CLIN, based on the annual estimated quantities.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Please see Attachment I

See Attachment I

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

The offeror shall adhere to the United States Department of Agriculture (USDA), Food Safety and Inspection Services (FSIS), rules and regulations related to food handling, at-risk populations, meat preparation, poultry preparation, and products preparation.

The offeror shall determine appropriate packaging elements based on the specific details of its products and delivery models.

The packaging/labeling shall be made in compliance with the Code of Federal Regulations, Title 21 – Food and Drugs Administration Department of Health and Human Services Subchapter B – Food For Human Consumption. [21CFR101.17] and in accordance with CFP 2020 – Guidance Document for Direct-to-Consumer and Third-Party Delivery Service Food Delivery.

https://www.accessdata.fda.gov//CFRSearch http://www.foodprotect/guidance-document-for-direct-to-consumer-and-third-party-delivery.pdf

[END OF SECTION D]

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=101.17&SearchTerm=101 http://www.foodprotect.org/media/guide/guidance-document-for-direct-to-consumer-and-third-party-delivery.pdf

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following 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 can be accessed electronically at this internet address:

https://www.acquisition.gov/browse/index/far

Clause Number Clause Title Date 52.246-2 Inspection of Supplies – Fixed Price Aug 1996

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance of contractor performance will be made by the designated Contracting Officer Representative (COR) and Alternate COR. This delegation of authority does not authorize any actions that may result in changes in the provisions, specifications, or pricing of this contract.

E.3 ACCEPTANCE OF SUPPLIES

Acceptance of supplies and/or deliverables occurs when supplies and deliverables have been reviewed and approved, in writing, by the CO or his/her authorized representative(s). Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract or any issued delivery order.

E.4 ACCEPTANCE CRITERIA

The items specified for delivery are subject to the review and approval of the COR before final acceptance. The COR will review all deliverables submitted to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements specified. The contractor shall ensure the accuracy and completeness of all delivery.

While occasional typos and calculation errors may be permitted, persistent recurrent errors, misleading or unclear statements, incomplete or irrelevant information, excessive rhetoric, repetition and ‘padding’ may be considered deficiencies and cause for rejection and may lead to documentation in the Contractor Performance Assessment Reporting System (CPARS). Unless otherwise indicated, the Government will review and comment on all deliverables within ten (10) calendar days. If the Government does not respond within the ten (10) calendar days period, the contractor shall assume acceptance by the Government.

E.5 REJECTION OF SUPPLIES AND PROCEDURES

The Government reserves the right to reject supplies and to require replacement or correction within five (5) calendar days of notification of such problems. The resultant contractor, after notice of defect or non-conforming deliverables or supplies, shall be responsible any administrative costs that may be incurred. The resultant contractor shall correct the deficiency and re-submit to the

Government for consideration under the same acceptance criteria. If the deliverable does not meet the acceptance criteria a second time, the Government will require re-performance and may consider the contractor as having deficient performance with respect to the subject task/subtask.

E.6 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Supplies will be evaluated in accordance with the QASP (Attachment IV - QASP)

E.7 EMERGENCY PLAN

The offeror shall provide an emergency plan in the Technical Section in case ICE makes a request for a higher number of meals during a surge than the estimated quantities provided in the Price Section. If a surge were to occur the COR will notify the vendor 2 hours in advance of the number of meals needed. Historically, the meals requested ranged from 50-120 considering operational needs.

[END OF SECTION E]

SECTION F – DELIVERABLES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address:

Clause Number Clause Title Date 52.242-15 Stop Work Order Aug 1989

F.2 PERIOD OF PERFORMANCE

The Period of Performance will be for twelve (12) months, with four (4) possible one (1) year options. (excluding any additional services in accordance with FAR 52.217-8). The resultant contractor is anticipated to start work on September 1, 2023.

Period of Performance Dates Base Period One 09/01/2023 – 08/31/2024

In Accordance with FAR 52.217-9 Option Period One 09/01/2024 – 08/31/2025 Option Period Two 09/01/2025 – 08/31/2026 Option Period Three 09/01/2026 – 08/31/2027 Option Period Four 09/01/2027 – 08/31/2028

F.4 PLACE OF PERFORMANCE

The Contractor shall furnish all labor, supplies, supervision, materials, equipment, and transportation to provide these meals to the address shown below:

Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Operations Office 880 Front Street, Room B-247 San Diego, CA 92101

F.5 DELIVERABLES

All deliverables are stated in the Attachment 1- SOW and Attachment II – Daily Meal Menu.

The offeror shall be capable to prepare and deliver all meals requested by the government no later than 7:00 am to the ICE/Operation Facility. The COR will email a list of meals to the contractor’s manager, which will be requested by 3:00 pm, the prior day of delivery, based on the menu provided in the Attachment II – Daily Menu.

The offeror personnel are expected to assist ICE personnel in unloading at the designated areas in the operations facility. For more details, please see Attachment I - SOW.

F.6 DAILY RECEIPTS

The contractor is responsible for submitting a daily delivery receipt showing the number of meals, and the total of all items. Each delivery receipt must show the temperature of the meal at preparation site and the temperature of the meal upon arrival at Operations Area Facility. The contractor will submit a copy of the invoice to the COR or ICE Representative daily on a daily basis.

F.7 DELIVERY GUIDANCE COMPLIANCE

The contractor should implement procedures based on Consumers Guidance provided in CFP 2020 – Guidance Document for Direct-to-Consumer (DTC) and Third-Party Delivery Service Food Delivery to ensure that food is produced under safe and sanitary conditions and address the food safety risks relevant to its operations.

Thus, proper temperature control throughout production and delivery to the consumer should be an integral part of any DTC delivery operation. A DTC delivery company should identify required time and temperature parameters, validate and implement controls to meet these parameters, and verify that these controls are working effectively.

A DTC delivery company should identify the temperature requirements throughout transport and delivery based on regulatory requirements as well as the company’s evaluation of its products, including their unique characteristics and uses. For example, a company that sells and delivers a variety of food types may require that its perishable refrigerated products remain at or below 41°F (5°C) and that its RTE hot-held foods remain at 135°F (57°C) or above to be consistent with the standards specified in the FDA Model Food Code. The company would then conduct validation activities to identify measures that will adequately maintain required temperatures and control the microbiological risks posed by the product during all stages of production, transport, and delivery.

a) Conducting temperature-control validation Temperature requirements can be met using a combination of different controls at various stages of a company’s operation. These controls can include limiting the maximum delivery time, using appropriate types and amounts of refrigerants or coolants, and requiring a specific initial product temperature. These controls can interact together to affect temperature, and it is critical that these controls be validated.

b) Outer packaging Outer packaging can function as an insulator, keeping cold air in and warm air out. Any damage to the outer packaging could expose the contents to contamination or to loss of temperature control, so a company should ensure that the outer packaging maintains its integrity during transit and protects the contents from damage. A company may choose to conduct specific crush tests and may consider providing carriers with instructions for handling packages in transit.

c. Preventing Contamination Preventing cross-contamination is a key aspect of food safety whether these are biological, physical, or chemical contamination risks. Biological risks are discussed elsewhere in this document in detail. Physical risks include materials that can injure the consumer such as glass fragments, metal shards or rocks. Chemical contamination risks include toxins and allergens as well as intentional contaminants. Individual components of a delivery need to be packaged so cross-contamination does not occur during transport.

The outer container of the delivery must be able to maintain integrity during transport.

Sealing may be a useful means to prevent intentional adulteration. Items being delivered need to be transported in a clean and sanitary manner and transported so the food product does not become contaminated

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

Notwithstanding the contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the ICE and the contractor.

The individuals outlined in Section G will be the Government points of contact during the performance of this contract for their respective roles as identified herein:

Contract Specialist:

José R. Muñoz Jr.

Office of Acquisition Management Detention Compliance and Removals Email: Jose.Munoz@ice.dhs.gov

Contracting Officer:

Diana K. Brozi Office of Acquisition Management Detention Compliance and Removals Email: Diana.Brozi@ice.dhs.gov

Contracting Officer Representative (COR):

TBD

San Diego Field Office Enforcement Removal Operations (ERO) Phone: TBD Email: TBD

Alternate COR:

TBD

San Diego Field Office Enforcement Removal Operations (ERO) Phone: TBD Email: TBD

The CO has the sole authority to award, modify or terminate contracts and obligate Government funds. The CO is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interest of the United States in its contractual relationships.

mailto:Jose.Munoz@ice.dhs.gov mailto:Diana.Brozi@ice.dhs.gov

G.2 APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

The CO shall designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate. The CO shall designate and authorize a COR as early as practicable after the nomination.

A COR—

a. Shall be a Government employee, unless otherwise authorized in agency regulations;

b. Shall be certified and maintain certification in accordance with the current Office of

Management and Budget memorandum on the Federal Acquisition Certification for Contracting Officer Representatives (FAC-COR) guidance, or for DoD, in accordance with the current applicable DoD policy guidance;

c. Shall be qualified by training and experience commensurate with the responsibilities to be delegated in accordance with agency procedures;

d. May not be delegated responsibility to perform functions that have been delegated under

42.202 to a contract administration office, but may be assigned some duties at 42.302 by the contracting officer;

e. Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

f. Shall be nominated either by the requiring activity or in accordance with agency procedures;

and

g. Shall be designated in writing, with copies furnished to the contractor and the contract administration office—

1. Specifying the extent of the COR’s authority to act on behalf of the contracting officer;

2. Identifying the limitations on the COR’s authority;

3. Specifying the period covered by the designation;

4. Stating the authority is not re-delegable; and

5. Stating that the COR may be personally liable for unauthorized acts.

G.3 GOVERNMENT PERSONNEL: ROLES AND RESPONSIBILITIES

a. Contracting Officer: The Contracting Officer (CO) has the overall and primary responsibility for the administration of this contract. Only the CO has the authority to enter into, administer, modify, or terminate this contract on behalf of the Government. This authority includes modifying and deviating from the contract terms, conditions, requirements, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and, terminating the contract for convenience or default. The CO has authority to delegate certain responsibilities to an authorized Contracting Officer’s Representative who will ensure appropriate clinical expertise is provided to address clinical issues. At the CO’s discretion a performance requirement or performance deficiency or any other performance variation by the contractor may be waived. The contractor may submit a waiver request to the CO in writing on case by case basis.

b. Contracting Officer’s Representative: The CO shall apoint a Contracting Officer

Representative (COR) with the primary duty to monitor contractor performance to ensure that all tehcnical requirements under the contract are met within the period of performance. The authorization is not delegable. The COR has the responsibility to inspect all services and is authorized to approve/reject invoices for payment.

1. The COR’s responsibilities and duties include:

a. Conduct surveillance in accordance with the QASP. Document surveillance activities and provide a copy of documentation to the CO. Review technical proficiency and compliance against the technical provisions of the contract, and verify the performance of work by the contractor;

b. Perform surveillance of the performance under the contract and conduct inspections necessary to assure performance and compliance with the terms and conditions of the contract;

c. Assure prompt review of draft reports and approval of final reports to contractor to assist with meeting the specified completion date of the contract, and assuring prompt inspection and acceptance, or rejection of deliverable;

d. Notify the contractor of deficiencies observed during surveillance. Record and report to the CO all incidents of faulty or nonconforming work, delays, or problems which may disrupt or hinder future performance;

e. Immediately bring to the contractor’s attention any potentially hazardous conditions.

The contractor is always required to comply with federal Occupational Safety and Health Administration (OSHA) guidelines, applicable labor and environmental laws, as well as any state or local requirements for workplace safety, whether in federal facility or other location; and

f. Collaborate with the Regional Health Service Administator (HSA) who has responsibility for clinical oversight and provide feedback to the contractor concerning any identified issues.

2. The COR shall notify the CO in writing of the following:

a. Any requests for changes from a contractor;

b. Potential labor disputes or workforce problems;

c. Lack of performance which may jeopardize the cost or required schedule;

d. Possible changes in contractor management and/or key personnel;

e. Disagreements with the contractor regarding performance of PWS requirements or other potential disputes with the contractor about technical or other business matters;

f. Any possible contractor deficiencies or questionable practices so that corrections can be made before the problems become significant;

g. Procurement fraud, waste, abuse, bribery, conflict of interest, or other improper conduct to the CO and agency office, such as the OIG; and

h. All problems, potential disagreements or controversy, both oral and in writing regarding the status of the contract and performance of its requirements.

c. Alternate COR: The CO will appoint Alternate COR to assist in monitoring a contractor's performance. An alternate COR shall be a Government employee. The alternate COR will be at the site on the delivery of meals.

1. The Alternate COR shall immediately notify the COR and CO of the following:

a. Any requests for changes from a contractor that may incur cost;

b. Potential labor disputes or workforce problems;

c. Lack of performance which may jeopardize the cost or required schedule;

d. Possible changes in contractor management and/or key personnel;

e. Disagreements with the contractor regarding performance of the SOW requirements or other potential disputes with the contractor about technical or other business matters;

f. Any possible contractor deficiencies or questionable practices so that corrections can be made before the problems become significant;

g. Procurement fraud, waste, abuse, bribery, conflict of interest, or other improper conduct to the CO and agency office, such as the OIG; and

h. All problems, potential disagreements or controversy, both oral and in writing regarding the status of the contract and performance of its requirements.

G.4 INVOICES/PAYMENTS

The resultant contractor shall submit only monthly invoices based on the prices awarded per each CLIN. The invoice shall be broken down by each CLIN and by stating the number of quantities used during the month and by clearly indicating the total price for each CLIN and the total price of all CLINs used. The resultant contractor shall not submit an invoice that is not broken down.

The invoice shall cover the period of performance from the first day of the month to the last of the month. The lack of details and the lack of documentation to support the charges in the monthly invoice may result in the rejection of the invoice by the designated COR. The resultant contractor shall anticipate being paid accordingly only after they submit a proper invoice. A copy of the invoice must be emailed to the Contracting Officer's Representative. The Government reserves the right to audit, thus; the contractor shall keep on file all backup support documentation as applicable. Invoices without the above information may be returned for resubmission. (For further details please see L.9. Invoicing Instructions)

G.5 ADDITIONAL REQUIREMENTS

There shall be no public disclosures regarding this agreement made by the Provider (or any subcontractors) without review and approval of such disclosure by ICE.

G.6 TECHNICAL DIRECTION

The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

a. Assure that the contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications;

b. Perform or cause to be performed, inspections necessary in connection with (a) above and require the contractor to correct all deficiencies; perform acceptance for the Government;

c. Maintain all liaison and direct communications with the contractor. Written communications with the contractor and documents shall be signed as "Contracting Officer’s Representative" with a copy furnished to the Contracting Officer;

d. Issue written interpretations of technical requirements;

e. Monitor the contractor's production or performance progress and notify the contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems; and

f. Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

g.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may have an impact on the contract schedule, funds, scope or rate of utilization of estimated levels of effort. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

In the separately issued COR designation letter, the CO designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e., Federal Acquisition Regulation and Homeland Security Acquisition Regulation). The contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer.

Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

Failure by the contractor to report to the Contracting Officer, any action by the Government considered to be a change, within 30 days, waives the contractor's right to any claims for equitable adjustments.

[END OF SECTION G]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT-CONTRACTOR RELATIONSHIP

a. The supplies to be delivered under this contract are determined to be non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor and/or its employees.

b. Contractor personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal Officer.

H.2 CONTRACTOR EMPLOYEE IDENTIFICATION

The contractor, contractor employees, or subcontractors, shall not represent or permit itself or its employees to be represented as agents or employees of the United States Government, and shall not use the names or acronyms of DHS, ICE, ERO, or DCR, on advertising material. The contractor shall not represent, expressly or by implication, that the supplies provided under this contract are endorsed by any element of the Government.

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.3 EMERGENCY, NATURAL DISASTERS, AND OTHER OCCURRENCES

In the event of an emergency, natural disaster, or other occurrence that prevents contractor personnel from reporting to their assigned workplace, the Government may require the contractor by submitting an emergency plan. Direction shall be coordinated by the COR and Alternate COR.

H.4 DEDUCTIONS

In accordance with Attachment I – SOW, the Government may apply financial deductions to monthly invoices.

H.5 CONTRACTOR EMPLOYEE IDENTIFICATION

The contractor, contractor employees, or subcontractors, shall not represent or permit itself or its employees to be represented as agents or employees of the United States Government, and shall not use the names or acronyms of DHS, ICE, DCR, or IHSC on advertising material. The contractor shall not represent, expressly or by implication, that the services provided under this contract are endorsed by any element of the Government.

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.6. OFFEROR’S BUSINESS STANDING REQUIREMENT

The offeror shall be in a good standing at the time of their Quote submission. The offeror shall disclose any permit suspension or revocation, and/or permit reinstatement received in the past two years. Failure of such disclosure shall have the immediate effect of contract termination for default.

The offeror shall briefly describe the circumstances of permit suspension or revocation and/or permit reinstatement received in the past two years. The offeror shall provide in their technical Quote the steps they took to remedy and comply with the local and state laws, rules and regulations and that the enforcement agency determined that the conditions that prompted the suspension or revocation no longer exist.

If the offeror’s permit is suspended or revoked after they have submitted their Quote with the government they should notify the contract specialist and the contracting officer immediately.

If at any time during the contract performance the resultant contractor’s permit is revoked or suspended the contractor shall notify the designated COR and the Contracting Officer immediately. Failure to do so will result in an immediate contract termination.

H.6. PUBLIC DISCLOSURE OF WORK UNDER THIS CONTRACT

a. Public disclosure of information derived from or knowledge gained as a result of work under this contract whether by press release, word of mouth, written correspondence, or any other means is prohibited without the advance written consent of the Contracting Officer. Any request for authority to release such information will be made in writing and submitted by the contractor to the Contracting Officer with a copy to the COR. Each request will be documented with sufficient evidence to justify the requested release as being in the best interest of the public. Final determination with regard to the necessity of public disclosure of such information remains solely with the Contracting Officer.

b. As used in this clause, the prohibition against "public disclosure" is defined to include a prohibition against disclosure to any Governmental agency or unit other than ERO, as well as any individual or group of individuals outside of the Government.

c. Contractor shall insert the clause in paragraphs (a) and (b) above, in any, and all, subcontracts hereunder relating to performance of work under this contract.

H.7. SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information http://www.dhs.gov/dhs-security-and-training-requirements-contractors

2) DHS Sensitive Systems Policy Directive 4300A

3) DHS 4300A Sensitive Systems Handbook and Attachments

4) DHS Security Authorization Process Guide

5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel

Suitability and Security Program

7) DHS Information Security Performance Plan (current fiscal year)

8) DHS Privacy Incident Handling Guidance

9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for

Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

H.8. SENSITIVE INFORMATION LIMITED TO U.S. CITIZENS AND LAWFUL

PERMANENT RESIDENTS (JUN 2006)

1) Each individual employed under the contract shall be a citizen of the United States of

America, or a noncitizen who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

2) Contractors shall identify in their Quotes, the names, and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

H.9. PRIVACY REQUIREMENTS FOR CONTRACTOR AND PERSONNEL

In addition to FAR 52.224-1 Privacy Act Notification (APR 1984), 52.224-2 Privacy Act (APR 1984), FAR 52.224-3 Privacy Training (JAN 2017), and HSAR Clauses, the following instructions must be included in their entirety in all contracts.

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract.

http://csrc.nist.gov/publications/PubsSPs.html

The Contractor (and any subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

H. 10. NOTICE FOR TOTAL SMALL BUSINESS SET- ASIDE ONLY.

Only offers received from small business concerns will be considered because of this solicitation.

Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. Any award resulting from this solicitation will be made to a small business concern. FAR Part 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020).

[END OF SECTION H]

SECTION I – CLAUSES

Please see Attachment V (FAR Clauses)

END OF SECTION I]

SECTION J – LIST OF ATTACHMENTS

Attachment Number Name

I Statement of Work II Daily Meal Menu III Contract Discrepancy Report IV Quality Assurance Surveillance Plan V Past Performance Evaluation VI FAR Clauses

[END OF SECTION J]

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS INCORPORATED BY REFERENCE

Number Titles DATE 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Jun 2020 Activities or Transactions Relating to Iran-Representation and Certification

(End of provision)

[END OF SECTION K]

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO CONTRACTORS

L.1 FAR PROVISIONS INCORPORATED BY REFERENCE

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 CO will make their full text available.

The contractor is cautioned that the listed provisions may include blocks that must be completed by the contractor and submitted with its offer. In lieu of submitting the full text of those provisions, the contractor may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/far/

Number Titles DATE 52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.207-1 Notice of Standard Competition May 2006 52.215-1 Instructions to Contractors—Competitive Nov 2021 52.216-27 Single or Multiple Awards Oct 1995

L.2 FAR PROVISIONS INCORPORATED IN FULL TEXT

52.216-1 Type of Contract (Apr 1984)

The Government plans to award a Task Order Contract with a fixed price for each Contract Line Identification Number (CLIN) based on the annual estimated quantities which could vary pending on the Government need in accordance with FAR Part 12.207(C)(1)(i) as a result of this solicitation.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accountability Office (GAO), shall be served on the CO (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Diana K. Brozi, Contracting Officer

Diana.Brozi@ice.dhs.gov Immigration & Customs Enforcement Office of Acquisition Management – Detention, Compliance & Removals

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.3 PAYMENT OF QUOTECOSTS

This solicitation does not commit the Government to pay any cost incurred in the submission of https://www.acquisition.gov/far/ the Quote or in making necessary studies or designs for the preparation thereof, nor to contract for services or supplies.

L.4 GENERAL QUOTESUBMISSION INSTRUCTIONS

The offeror shall submit their Quote only at SAM.gov which shall include the followings:

A. Legal Offer: Identification and Cover Letter Legal Offer (Identification and Cover Letter): The Quote shall include a cover letter that identifies all enclosures being transmitted as part of the proposal. The letter shall reference the solicitation number and acknowledge that it transmits an offer in response to the solicitation. It shall state Quote validity through at least 3 months after the Quote submission deadline.

B. All signed SF 1449 Block 17(a) of page 1 of SF 1449 shall be completed by offeror and Block 30(a) shall be digitally signed to show that the offeror has read and agrees to comply with all the conditions and instructions provided in the solicitation document.

C. Volume I – Technical Proposal The offeror shall include all the attachments (Permit and/or certificates, past performance references under technical section). All submissions must clearly reference the RFQ number 70CDCR23Q00000011.

D. Volume II – Price Proposal.

Pricing data shall not be included in Volume I. Pricing Section shall clearly reference RFQ number 70CDCR23Q00000011.

The price Quote shall mirror the table shown below, the estimated quantity includes the estimated annual quantity based on the Program Office past experience. However, the quantity may increase or decrease pending on the government need.

Description

Estimated annual

QTY

Range

Unit Price Total Price

Base Year

Unit Price Option I

Total Price

Option I

Unit Price Option II

Total Price

Option

II

Unit Price Option

III

Total Price

Option

III

Unit Price Option IV

Total Price

Option

IV

Breakfast Burrito Meal with Water

8,000- 11,000

Bag Meal with Water

23,000- 26,000

Special Bag Meal with Water

900-1,300

Extra Water 28,000 - 31,000

Total

The Quote must be sufficiently detailed and complete to demonstrate an understanding of an ability to comply with the requirements of this solicitation. The Quote shall demonstrate such understanding and ability in a concise, logical manner, and should not contain superfluous material that is not related directly to this acquisition. General statements that the contractor “can comply” or “will comply” with the requirements, that “standard procedures will be used,” “well known techniques will be used,” or that paraphrase the SOW in whole or part WILL NOT constitute compliance with the requirements concerning the content of the Technical Capabilities proposal. Contractors must demonstrate capability of performing the required supplies, and providing contract deliverables, outlined in this solicitation, including the SOW and all attachments.

Each Quote shall: (1) be specific and complete in every detail; (2) conform to all solicitation provisions, clauses, or other requirements; (3) be logically assembled, practical, legible, clear, concise, coherent; and indexed (cross-indexed, where appropriate); and (4) contain appropriately numbered pages of each volume or part.

Each volume shall be written on a stand-alone basis. Cross-referencing within a Quote volume is permitted where its use would conserve space without impairing clarity. Information required for each Quote evaluation factor, which is not found in its designated volume, will be assumed to have been omitted from the proposal.

All Quotes submissions must be clearly marked: “70CDCR23Q00000011 Volume(s) Quote” in the subject line of the email(s). All submissions must clearly reference the RFQ number

70CDCR23Q00000011.

Failure to fully adhere to the prescribed format may result in the contractor’s disqualification from the competition. Additionally, any pages submitted which exceed the prescribed page limit for the respective section will not be evaluated.

L.5 QUESTIONS & ANSWERS (Q&A) SESSION

All questions concerning this RFQ must be submitted in only via email to Contract Specialist Jose.Munoz@ice.dhs.gov and Diana.Brozi@ice.dhs.gov. Please include in your question the RFQ number. Any requests for additional information or explanation must be received no later than August 7, 2023 by 12 PM PST.

In posing questions, Contractors must cite the relevant RFQ section, paragraph, and page number. Contractors should write their questions in a way that enables a clear understanding of their issues or concerns. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response from the DHS ICE and it will also not address hypothetical questions aimed at receiving a potential “evaluation decision.” All questions received and responses will be documented and distributed as a separate attachment in SAM.Gov named Q&A Session.

Question No. Reference Question Category Question # RFQ Section and

Page # Contract or Technical

Event Date

Q &A Session Due August 7, 2023

12:00 PM PST

Questions submitted after the deadline may not be addressed. Responses to all relevant questions submitted shall be provided together as an amendment to this solicitation as soon as possible after the time and date listed above for each requirement. DHS ICE shall not address general questions sent to the Jose.Munoz@ice.dhs.gov and Diana.Brozi@ice.dhs.gov inbox on unrelated efforts, ICE operations, nor questions/comments which are irrelevant to this procurement effort.

L.6. RECEIPT OF QUOTES AND LATE SUBMISSIONS

Receipt of the complete Quote package will be governed by FAR 12 Acquisition Of Commercial Items And Commercial Services. All required volumes must be received by the submission deadline. To be considered timely, Quotes must be received at the specified time to the correct email addresses. All submissions must reference the RFQ number, 70CDCR23Q00000011.

The RFQ CLOSING DATE IS:

August 10, 2023

12:00 PM Pacific Standard Time

ICE shall not be responsible for late or non-delivery of offerors’ quotes due to IT problems, server or other technical issues. To ensure timely receipt of Quotes, offerors should NOT wait until the last moment to electronically submit Quotes.

L.7 QUOTE INSTRUCTIONS – (Volumes I and II)

The offerors are required to submit a Technical Quote (Volume I) and a Price Quote (Volume II). Lack of either volume will result in the offeror’s disqualification.

L.7-1. Technical Quote (Volume I).

Maximum page limit is 25 pages (single-sided pages, size 12 Times New Roman font, and 1 inch margin) for the technical content including cover page and table of contents. Past performance information is included in the page limitation. Pages shall be numbered and shall include a cover page/cover letter identifying any GSA Schedule Contract or GWAC contract number if applicable, remittance address, SAM UEI. If the Contractor’s technical Quote exceeds the page limitation, only the first 25 pages will be distributed to the evaluation team. Technical Quotes should be sanitized of any pricing information. The cover sheet is not included in the twenty-five (25) pages.

The following areas in the Contractor’s technical Quotes must be addressed to sufficiently demonstrate the Contractor’s ability, unique capabilities, and demonstrated experience to successfully support this requirement.

A. Technical Information.

B. Management Information C. Capability Information C.1. Organizational Experience C.2. Past Performance.

Price Quote is not limited to any page restriction. This solicitation is for Small Business Set Aside only. All Quotes shall be submitted through SAM.gov site only. Vendors shall verify knowledge and receipt of all specifications, modifications and questions and answers when submitting Quotes.

L.7-1.2. Technical Information.

The offeror shall further technical information regarding its ability to meet the specifications stated in the Statement of Work which will be used in assessing the “know how” or the degree of risk involved in the way the Contractor intends to provide the services. The Quote must clearly describe the sound technical solutions through documentation.

L.7-1.3 Management Information.

The Contractor shall explain in their Quote how it plans to manage the work to attain the promised technical solutions based on the SOW requirements. The offeror shall submit the point of contact for the Supervisor/Manager who will be the Contractor’s Authorized Representative for technical and administrative performance.

L.7-1.4. Capability Information.

The offeror shall submit the information showing the company’s capabilities as part of the technical Quotes. Submission of the specific information should be effective on the abilities of the organization to fulfill the DHS ICE requirement. Ability to meet Government requirements by providing capability Quote and meeting Attachment I - Statement of Work and Attachment II – Daily Menu Meal.

L.7-1.4.1 Organizational Experience.

The offeror must provide sufficient evidence that they are small business entity and the organization has the current capabilities that would assure performance of this requirement. The offeror shall be in a good standing in their business conduct and in compliance with their local, state, and federal laws, rules, and regulations at the time of the Quote submission. The offeror shall disclose at the Technical Section any permit suspension or revocation, and/or any permit reinstatement occurrence in the past two years. Failure of such disclosure shall have the immediate effect of contract termination for default.

The offeror shall briefly describe the circumstances of permit suspension or revocation and/or permit reinstatement occurrence and shall provide the steps they took to remedy and comply with local and state laws, rules, and regulations and that the enforcement agency determined that the conditions that prompted the suspension or revocation no longer exist.

If the offeror’s permit is suspended or revoked, at any time after the offeror has submitted their Quote and before the award is announced, the offeror shall notify the contract specialist and the contracting officer immediately. Failure of such disclosure shall result in the contract termination for default to the resultant contractor.

L.7-1.4.2. Offeror Permit and/or Certificate.

Offeror shall provide at the Technical Section as a separate…