SOL-OAA-16-000131-01.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

Offeror to complete blocks 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE DATE

AID-OAA-E-17-00XXX-00 SOL-OAA-16-000131-

8/25/2016

7. FOR SOLICITATION A. NAME B. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/local time

LOCAL TIME

INFORMATION CALL: Prince Boateng 202-567-4104 9/30/2016 @ 1200 hours

9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB

DESTINATION UNLESS 12. DISCOUNT TERMS

Transportation Division

UNRESTRICTED BLOCK IS MARKED

XXSEE SCHEDULE

Office of Acquisition and Assistance

SET-ASIDE: % FOR ☐13a. THIS CONTRACT IS A RATED ORDER

United States Agency for International Development (USAID)

SMALL BUSINESS UNDER DPAS (15 CFR 700)

SA-44, Suite 859

☐HUBZONE SM. BUSINESS

BUSINSESS

13b. RATING

1300 Pennsylvania Avenue, N.W.

☐8(A)

Washington, D.C. 20523-4800

NAICS: 311340 14. METHOD OF SOLICITATION

SIZE STANDARD: RFQ IFB XRFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

F. o. b. Origin (FAR 52.247-29)

Same as Block 9

17a. CONTRACTOR/OFFEROR

OFFEROR CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE

United States Agency for International Development (USAID)

Office for Food for Peace

Ronald Reagan Building, Room 8.07-069

1300 Pennsylvania Avenue, N.W.

Washington, D.C. 20523

Facsimile: (202) 216-3399 Email: EI@USAID.GOV

TELEPHONE NO. 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED:

☐17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER ☐SEE ADDENDUM 19., 20. 21. 22. 23. 24.

ITEM NO SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SOL-OAA-16-000131-01 Page 2 Blanket Purchase Agreement for Ready To Use Therapeutic Food (RUTF) and Ready To Use Supplementary Food (RUSF).

The required quantity to be placed in storage is zero (O) net metric tons. The Contractor may place RUTF/RUSF in storage at the contractor’s facility in anticipation of a purchase and delivery to USAID. The remaining shelf life of commodity shall be at least 20 months from the date of delivery to the government at FOB origin. See the attached BPA agreement schedule for details of this agreement, including commodity prices for the base period and the option periods.

Agreement Base Period of Performance: (January 1, 2017 to December 31, 2017 (Actual dates to be negotiated).

Option Period 1: January 1, 2018 to December 31, 2018 Option Period 2: January 1, 2019 to December 31, 2019 Option Period 3: January 1, 2020 to December 31, 2020 Option Period 4: January 1, 2021 to December 31, 2021

This Blanket Purchase Agreement does not obligate any funds. The government will fund individual Purchase orders (Contract) through a BPA call, for the delivery of RUTF/RUSF. The government may award more than one BPA under this solicitation.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt.Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-3. FAR 52.212-4 AND 52.212-5 ARE NOT ATTACHED. ADDENDA ARE X ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 ARE NOT ATTACHED. ADDENDA ARE X ARE NOT ATTACHED.

28.

X

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED

ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29.

AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED 8/25/2016 Prince Boateng, M/OAA/T

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)

Previous Edition Is Not Usable Prescribed by GSA • FAR (48 CFR) 53.212

SOL-OAA-16-000131-01 Page 3

The United States Agency for International Development, Office of Food For Peace is seeking to establish a Blanket Purchase Agreement (BPA) with one or more firms that will allow USAID to contract simply and quickly with these firms for immediate delivery of Ready To Use Therapeutic Food (RUTF) and Ready To Use Supplementary Food (RUSF). This competition for the BPA allows offerors to submit their proposals to USAID describing how their firm is capable and qualified to provide the commodities and services outlined in this BPA. The winning firm(s) would then have a signed agreement with USAID (which includes a minimum order guarantee of zero nmt), through which future contracts and delivery orders could easily be issued. The selected BPA holders must be able to perform all activities specified in the scope of work in support of USAID programs.

1. Background RUTFs and RUSFs are high-energy fortified foods to be used by award recipients of the United States Agency for International Development for the treatment of Severe Acute Malnutrition (SAM) and Moderate Acute Malnutrition (MAM), respectively. These commodities can be used in any cultural setting in accordance with guidelines for the outpatient care and management of Severe Acute Malnutrition and Moderate Acute Malnutrition. The RUTF/RUSF may be used in a wide variation of climatic zones and may be the sole source of food, in addition to breast milk, during the period of use. Historically USAID has procured approximately 5,000 nmt of RUTF and 3,000 nmt of RUSF annually. USAID intends to procure nearly all of its RUTF/RUSF through this BPA. However, this BPA does not obligate the government to use this contract instrument to procure RUTF/RUSF.

2. Description: This Blanket Purchase Agreement is issued to establish arrangements for ordering, storage, delivery, and billing to cover RUTF/RUSF during the agreement period of performance. The essence of this agreement is to have a contractor produce, store, and deliver the RUTF/RUSF for the United States Agency for International Development, Office of Food For Peace upon award of Purchase Order. RUTF/RUSF delivered under this BPA shall conform to the latest USAID RUFs Single Specification attached to this solicitation or as otherwise specified in any modification the Contracting Officer requires in writing. This agreement does not require the contractor to produce and store commodities in anticipation for award. However RUTF/RUSF may be produced and stored at the contractor/vendor’s facility until the government issues a purchase order for immediate release. As RUTF and RUSF are standard configuration commodities, which are purchased by other governmental and non-governmental entities, any balance of RUTF/RUSF remaining in storage at the end of this agreement shall be retained by the contractor, without obligation by USAID, at the end of the BPA agreement period of performance. RUTF/RUSF may not be sold to other organizations with the USAID logo on either the cartons or the individual sachets without specific written approval from the USAID Contracting Officer.

3. AUTHORIZED GEOGRAPHIC CODE: The authorized geographic code for procurement of goods and services under this BPA is Code 000.

4. The Government will evaluate proposal(s) submitted in response to this RFP and issue a Master BPA to those contractors determined to be responsible and acceptable by the government. The Master BPAs will be sent to the contractor(s) for their acceptance upon award. No agreement will exist until both the government and contractor sign the agreement. Master BPAs are not contracts and are not funded

5. EXTENT OF OBLIGATON: The agreement will not obligate the Government to order, or the contractor to furnish, any articles in any quantity except to the extent agreed upon in individual written Purchase Order. Individual orders may not exceed the Simplified Acquisition Threshold ( currently $7 million for commercial items). The government intends to purchase commodities and ship directly from the manufacturer’s

SOL-OAA-16-000131-01 Page 4 warehouse and deliver to the program location. This BPA is not a contract, but orders placed against it become contractual upon acceptance by the contractor.

6. This agreement is made in accordance with negotiation authority of the U.S. Federal Acquisition Regulation 13.303 - Blanket Purchase Agreements and 13.5 – Simplified Procedures for Certain Commercial Items.

7. PRICING: The prices to the U.S. government shall be as low as, or lower than, those charged to the supplier’s most favored customer for comparable quantities under similar terms and conditions, and shall include any discounts for prompt payment.

Notwithstanding any agreed discounts, the Contractor guarantees that the prices specified in this BPA, are the maximum prices that shall remain firm for the base period and shall not be increased during the base period, provided however that in the event that the Contractor is able to offer the Government a discounted price, the unit prices shall be reduced for specific Purchase Orders. The government will allow vendors opportunity to provide a revised price proposal prior to exercising each option period.

RUTF/RUSF pricing shall be on the basis of FOB Origin (see U.S. Federal Acquisition Regulation clause 52.247-29).

8. The minimum purchase order quantity for items awarded under this entire agreement (base agreement period plus all option periods) is 0 nmt of RUTF/RUSF. This is not a requirements contract, and the government may purchase RUTF/RUSF from other vendors as necessary.

9. No single purchase under this agreement shall exceed the Simplified Acquisition Threshold for commercial item (currently $7 million).

10. The USAID Contracting Officer for FFP shall be the individual authorized to purchase commodities (RUTF/RUSF) under this BPA.

11. The remaining shelf life of any delivered RUTF/RUSF shall be at least 20 months from the date of issuance of Purchase Order.

12. RUTF/RUSF shall be packaged and boxed in such a manner as to preclude damage to the RUTF/RUSF contents during international air or ocean transport.

13. The contractor shall prepare or make available standard shipping documents (packing lists, certificates of origin, etc.) to permit the government or its agent or transport company to export and transport the RUTF/RUSF from the country of origin.

14. As specified in individual transactions, items are to be made available FOB Origin, unless otherwise agreed in writing between the parties.

15. All orders and deliveries and documents under this agreement shall be accompanied by written Purchase orders that contain the following information:

(i) Standard Form 1449 with the BPA number.

(ii) Name of supplier.

(iii) Date of purchase.

SOL-OAA-16-000131-01 Page 5

(iv) Purchase or Contract number.

(v) Itemized list of supplies or services to be furnished.

(vi) Quantity

(vii) Date of delivery and delivery point.

(viii) Funding and Accounting Information

(ix) All purchase orders, which may be issued under this Blanket Purchase Agreement will be subject to and include the terms and conditions contained herein.

16. CONTAINER AND PACKAGING REQUIREMENT: USAID requires markings identified in the attached “USAID Marking Instructions published on January 7 2016”. USAID may accept commercially branded products if specified in an individual BPA call. Purchase orders will specify whether USAID branding is required for cartons or individual sachets or both as well as whether the branding information must be printed directly on the packaging. Marking and branding arts must be approved in writing by USAID. Other packaging requirements must comply with Sections 6 and 7 of USAID RUFs Single Specification.

17. TERM AND OPTION OF BPA: The initial BPA is for a period of 12 months with four one-year options.

18. CONTRACT TYPE AND SERVICES : The contract anticipated from this solicitation is a Blanket Purchase Agreement (BPA) utilizing individual Purchase Orders to provide supplies. Purchase Orders issued under this award will be Firm Fixed Price (FFP).

19. CONTRACTING OFFICER REPRESENTATIVE: The Contracting Officer's Technical Representative (COR) will be designated by the Contracting Officer and is authorized to act within the limitations specified herein and written restrictions specifically imposed under the terms of the BPA award and under each Task Order, and by the Contracting Officer. This authority shall extend to the following: assisting with negotiating/ordering, inspection, acceptance, or rejection of work.

This designation does not include authority to direct changes in scope, price, terms or conditions of the contract or order. The authority herein also does not include authority to execute modifications to the contract or order, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of a proposed contract change

• BPA COR to be specified after signature of the award;

• Purchase Order COR to be specified after signature of each Purchase Order.

20 PURCHASE ORDERS: The government may enter into an agreement with one or more firms. If more than one firm is selected for this BPA, the Contracting Officer will provide each firm a fair opportunity to be considered for individual purchase order in accordance with FAR 8.4

Purchase Order Forecasting will be issued quarterly and will be based solely on amounts confirmed through signed agreements with implementing partners. This will give suppliers a much more concrete idea of what USAID plans are for the quarter.

Competition of each task order will occur among the BPA holders as established by the BPA ordering procedures in accordance with FAR Part 8.405-3(c). Factors such as (but not limited to) price, past performance on prior task orders issued outside and under this BPA (quality of deliverables/services/ timeliness, and cost control), and potential impact on other orders placed with the contractor (e.g. capacity issues) may be considered in determining award of individual task orders.

SOL-OAA-16-000131-01 Page 6 For orders below the simplified acquisition threshold USAID will not be required to follow the procedures but will likely follow the procedures below. At a minimum the contracting officer will provide a fair opportunity to be considered for each order IAW FAR 8.405

(1) Provide an RFQ to all BPA holders offering the required supplies under the multiple-award BPAs, to include a description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made(Determination factor may include price, technical, and past performance)

(2) Afford all BPA holders responding to the RFQ an opportunity to submit a quote; and

(3) Fairly consider all responses received and make award in accordance with the selection procedures.

21. INVOICES. The government will make delivery payment in accordance with FAR part 32 (Contract Financing). The BPA holder will prepare and submit invoices to USAID. Invoices will be paid at delivery time of commodities to the government. For invoicing purposes only, “Delivery” will be defined as presenting the appropriate Certificate of Analysis (CoA) to the Contracting Officer for approval.

The BPA holder may present an invoice for payment once a Certificate of Analysis has been approved by the Contracting Officer if there is a delay between the pickup date and date of approval of CoA. The Contractor shall be responsible for the commodity until delivery to shipping/freight contractor identified by USAID at FOB origin or as identified in BPA call.

All invoices submitted for payment shall clearly identify:

a. Purchase Order number;

b. Period of performance The BPA holder will submit one proper invoice, on a SF-1034 to USAID/W, Financial Management Office and one copy the COR. Invoices can be submitted either electronically or in paper copy; however electronic submission to ei@usaid.gov is preferred. The financial Management Office will proceed to payment of each order upon receipt of the invoice approved by the COR and accompanied by a receiving report. Under no circumstances will any invoice exceed the dollar amount (ceiling price) for any funded task order without prior Contracting Officer Approval. For more detailed information about invoices and payment, see the FAR clause 52.212-4, paragraph (g), “Invoice.”

22. INSPECTION AND ACCEPTANCE: For all services/commodities furnished under any Purchase Order, USAID will designate a COR as the point of final inspection and acceptance. Deliverables shall be submitted in accordance with terms stated in an individual Purchase Order. Deliverables shall include a Certificate of Analysis (CoA) including both microbiological release criteria as well as nutrition compliance as stated in Table

4.1 and Table 4.2 of the most recent USAID RUSF/RUTF specification.

In general inspection and acceptance will be conducted at the contractor’s FOB origin delivery point.

Inspection and acceptance shall be conducted in accordance with the U. S. Federal Acquisition Regulations clause FAR 52.246-2 Inspection of Supplies – Fixed price.

The Contractor shall permit USAID, or any other representative as may be designated by USAID, to have access to the manufacturing facilities of the Goods, at all reasonable times to inspect the manufacturing site and processes for the production, quality control, quality assurance and packing of the Goods. The Contractor shall provide reasonable assistance to the representative for such appraisal, including copies of any documentation as may be necessary. USAID reserves the right to reject any Goods that do not conform to the required specifications.

mailto:ei@usaid.gov

SOL-OAA-16-000131-01 Page 7 The Contractor shall implement an internal auditing process as part of their Quality System and shall provide USAID with results upon request. The Contractor shall inform USAID whenever there is a significant change in their main processes / change of manufacturing site that could affect the quality of the product or any relevant outcome from internal audits, or third party audits which would reflect differences in the ability of the contractor to comply with USAID requirements both in terms of expected food safety, quality and delivery timeframe. Particularly, manufacturer shall inform USAID of any human pathogen finding in the facility, along with corresponding corrective actions.

23. QUALITY ASSURANCE. RUTF and RUSF production under this BPA must comply with most recent version of USAID RUF Single Specification at the time of production. Any stock material acquired under previous RUTF/RUSF specifications (CID and CRD) can be used with waiver and with corresponding FFP written approval in a case-by-case basis, provided that the purchase of such material was done before the awarding of this BPA. Any deviation from USAID Single Specification has to be discussed and approved in writing by FFP Food Technologist.

Contracts from this BPA shall provide the government quality assurance at the source. The Government, through the USDA Agricultural Marketing Service (AMS) or USAID contractor shall weigh, audit, inspect, and test the product offered in performance of a Purchase Order. In addition to internal quality assurance systems as indicated below, the contractor shall submit samples to USDA/AMS laboratories or an entity identified by USAID for both nutritional and microbiological compliance as established below.

a. Inspections and audits. Prior to any award of Purchase Order, suppliers should have demonstrated sound quality and food safety programs, through written quality programs and a letter expressing their commitment to the highest quality and food safety standards through the provision of appropriate supplier’s Certificate of Analysis (CoAs). The USG usually carries out comprehensive audits annually, as well as unannounced routine inspections. Suppliers are expected to have and use a system for ensuring release and delivery of conforming product.

BPA holders with unresolved findings or a rating below Satisfactory from inspections of their manufacturing facilities, or whose food safety and quality status letter has expired, been suspended, or revoked may not be eligible for individual purchase orders. Furthermore, they will remain ineligible to receive individual purchase orders until such time as the findings have been resolved to the satisfaction of the Contracting Officer or the relevant certifications have been reinstated. Below is the rating table likely to be used for inspection.

USAID Audit Ratings Definitions

Section Rating Score Definition

% Total Score (Audit Frequency)

Satisfactory Effective controls and documentation are in place and comply with expectations and specifications. Minor deviations may be present.

Rating fully supports procurement.

90 or > (every other year)

Needs Refinement Sound controls are in place; however, minor deficiencies are present that impact the effectiveness of these controls. Rating generally supports procurement depending on number of total findings.

80 – 89 (Yearly)

Needs Improvement Deficiencies or absence of control pose a potential risk to the consumer or may affect the reputation of USAID or a systemic failure is identified. Rating does not support procurement unless issues are addressed.

70 – 79 (Six-monthly)

Not Approved A situation has been identified which presents a direct risk for significant product contamination or to the reputation of USAID.

< 70 (Not Approved)

SOL-OAA-16-000131-01 Page 8

b. Sampling and testing. Comprehensive testing including all the parameters in the commodity specification shall be carried out during start up (in new or first time producing facilities) and annually thereafter. For purposes of ongoing testing, on a daily basis and reported on a per lot basis, the following parameters will be monitored for nutritional and microbiological compliance:

No.

Parameter

Units

(RUSF, LNS-MQ)

RUTF

Reference Methods

(AOAC)1 Min Max Min Max Main Composition

1 Protein g 11 16 132 16 988.05, 992.15 2 Fat (total) g 263 36 26 36 996.06, 991.36, 950.54 3 Water Activity - 0.2 0.5 0.2 0.5 978.18

Vitamins and Minerals (expressed in a per 535 kcal/100 grams of product) 4 Vitamin A

(retinol isomers) mcg 550 1150 800 1100 2001.13, 2011.11, or 2011.13

5 Vitamin C mg 60 120 50 984.26, 967.21 6 Iron mg 10 14 10 14 985.35, 984.27, or 999.10

For microbiological parameters shall be monitored daily, in a per lot basis: Microbiological

Test

IC/SU n c m M

Report Unit

Ref. Methods

Enterobacteriaceae I/10 10 2 10 100 /g AOAC 975.55; AOAC 2003.01

Salmonella4 C/25 10 0 0 Absent /250g 2004.03, 2003.09, 2011.03, or BAM, Ch. 5

Aflatoxin B1, B2, G1 and G2. (ppb)

Max 10 ppb AACC 45-16; 990.33, 991.31, 998.03, or 999.07

Annotations:

IC: Whether the testing sample is individual (I) or composite I SU: Sample Units

1 Other comparable, equivalent and validated methods if cost effectiveness is demonstrated 2 50% of protein must derive from dairy. Calculation is based on a factor of 4 kcal/ grams of protein. For recommended 10-12% of kcal in 100 grams/535 kcal of product, it would equate to 13-16 grams of protein per pouch. For variation in packages sizes, e.g. 50 grams sachets, corresponding calculations should be made.

3 To convert calories to grams of fat, in order to estimate fat in weight percentage, a factor of 1g of fat = 9 calories has been assumed 4 These sampling criteria assume that the facility has stringent preventive food safety and quality programs which must include a validated HACCP system, along with corresponding prerequisite programs, as well as a Pathogen and Environmental Monitoring Program (PEM) and microbiology zoning demarcation.

SOL-OAA-16-000131-01 Page 9 n: Number of sub-samples to be examined c: Maximum Number of acceptable sample units between m and M m: maximum of cfc of the organism per gram (or ppb) that may be accepted M: Maximum allowable number of microorganism (cfu) per gram in any one sub-sample. Any sub-sample with a number above M causes the rejection of the lot under consideration. Critical microbiological standards for which samples will be rejected

24. SHELF LIFE. Unless specifically authorized in writing by USAID Contracting Officer, products must be of fresh production e.g., less than 4 months old at the time of issuance of Purchase Order.

25. CLOSEOUT PROCEDURE: To facilitate closeout of individual Purchase Order placed under this BPA, within thirty (30) days of completion of any individual Purchase Order, the BPA holder shall present the final invoice to Financial Management, and a copy to the Contracting Officer.

26. LIQUIDATED DAMAGES. USAID may claim liquidated damages from the Contractor on contracts under this BPA as following. Charges may be applied if the Contractor does not meet the individual purchase order delivery date.

a. If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $1000 per calendar day of delay.

b. If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

c. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

27. Warranty: All contract warranties for PO must be in accordance with contract clause FAR 52.212-4(o), Warranty. Contract clause FAR 52.212-4(o), Warranty states, “the Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract”

28. By signing below you are certifying that the products offered the government under this BPA, and to be delivered, meet all the requirements of the item purchase description. Failure to meet these requirements may result in your bearing the cost of:

a. Replacing items.

b. Transportation Expenses

c. Government administrative re-procurement expenses.

Offeror’s Name and Signature Date Company Name:

Address:

Email Address:

SOL-OAA-16-000131-01 Page Phone Number:

29. This BPA may be cancelled for default if the contractor is noncompliant with terms and conditions of this agreement.

30. OFFEROR’S CONTACT INFORMATION:

NAME: ______________________________________

DUNS #: ____________________ EIN/TIN: ______________________

ADDRESS: ______________________________________________

CITY: ______________________ STATE: ____ ZIP CODE: ________

TELEPHONE: _________________ FAX: ______________________

EMAIL Address:___________________________

31. NOTICE OF INDIVIDUAL AUTHORIZED TO PURCHASE UNDER THE BPA: USAID Contracting Officers located at:

USAID/Washington, D.C.

Office of Acquisition and Assistance Transportation Contracting Officer for DCHA/FFP DCHA/FFP Commodity Contracting Officer

32. EVALUATION of PROPOSALS:

See Federal Acquisition Regulation clause 52.212-2 “Evaluation – Commercial Items.” The following factors shall be used to evaluate offers:

FACTOR 1: Technical Acceptability FACTOR 2: Price FACTOR 3: Past Performance

Factor1 Technical Acceptability The government will award to offer that meets and/or exceeds the specifications identified in this BPA In order to be considered for award, an offer must meet the following minimum “threshold” technical requirements, which will be evaluated for technical acceptability. Additional credit will not be given for exceeding acceptability.

Experience - The Offeror shall have a minimum of 1 continuous year of experience, within the past 5 years, producing commercial products under NIAC code 311340 or similar products.

See Federal Acquisition Regulation clause 52.212-2 “Evaluation – Commercial Items.” The following factors shall be used to evaluate offers:

To be acceptable, proposals must be prepared in accordance with the instructions in this BPA #33

SUBMISSION OF PROPOSALS .

A. EVALUATION OF PROPOSALS

1) This section is intended to explain the rational and precise criteria by which proposals submitted in response to this solicitation will be evaluated. All proposals shall be evaluated solely against the evaluation criteria set forth in the BPA.

2) Proposals which meet all applicable requirements of the solicitation will be evaluated in accordance with the specific factors and subfactors (see Section 31C below) in order to determine which proposals will be considered in the competitive range, if applicable, and selected as a source by the Government.

3) The source selection process will utilize the Best Value Continuum (FAR 15.101) for the evaluation of offers and the selection of offerors to receive awards. The best value continuum is a process that permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal.

4) The Government reserves their right to reject any or all proposals if such action is deemed in the Government’s best interest. The Government may waive information and minor irregularities in proposals received.

B. BASIS FOR AWARD

1) Best value. The Government intends to award a BPA resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the BPA.

2) Relative Importance of Evaluation Factors. Each technical evaluation factor is approximately equal to price, and together the technical evaluation factors are significantly more important than the price. The technical evaluation factor includes management approach, quality control, technical approach, experience, and production capacity. The Technical evaluation factors when combined, are more important than past performance. Price is more important than past performance.

3) Evaluation of Price. The evaluation of price will be in accordance with provision 452.216-72 Evaluation

4) Discussions. The government intends to make one or more awards after discussions with offerors within the competitive range.

5) Multiple Awards. The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so. (See provision 52.215-1.)

C) EVALUATION FACTORS FOR AWARD

FACTOR 1: Technical Acceptability

1. Management approach Offeror’s comprehensive management approach will be used to evaluate its ability to satisfy the Government’s requirements under BPA awarded from this solicitation. Management approach includes organizational structure, lines of authority, staffing plan, subcontracting plan (if applicable), strategic supplier plan (if applicable), and implementation plan for this BPA.

2. Quality control Offeror’s quality control approach will be used to evaluate its ability to satisfy the Government’s requirements under contracts awarded from this solicitation. This includes quality system plans and processes, certifications, measures taken in response to audit findings, and product testing to produce required commodities that are safe for human consumption.

3. Technical approach

Offeror’s comprehensive technical approach will be used to evaluate its ability to satisfy the Government’s requirements under contracts awarded from this solicitation. This includes all facets of the food manufacturing process, from product specifications, delivery and speed of response.

4. Experience Offeror’s experience in manufacturing RUTF/RUSF and other emergency food products including, fortification and/or blending of food, will be used to evaluate its ability to satisfy the Government’s requirements under contracts awarded from this solicitation. Offeror shall describe the extent of its experience manufacturing and shipping products under NAICS code 311340, as well as willingness to reasonably adapt to newer and more evidence-based government manufacturing practices and specifications.

5. Production Capacity Offeror shall provide their rate of production (production schedule) of each type of product offered.

FACTOR 2: Price The government shall conduct a price evaluation of all technically acceptable offers with satisfactory performance.

FACTOR 3: Past Performance This criterion will be used to evaluate the quality of the offeror’s past performance relevant to this BPA. In determining the score for this evaluation factor, USAID may also rely upon information from other government agencies, USAID implementing partners, better business bureaus, published media, and electronic databases.

USAID will initially determine the relevance of similar performance information as a predictor of probable performance under the subject requirement. USAID may give more weight to performance information that is considered more relevant and/or more current.

The contractor performance information will be evaluated in accordance with the elements below:

1. Quality of product or service, including consistency in meeting goals and targets;

2. Schedule, including the timeliness against the completion of the contract, task orders, milestones, delivery schedules, and administrative requirements (e.g., efforts that contribute to or affect the schedule variance);

3. Business relations, addressing the history of professional behavior and overall business-like concern for the interests of the customer, including the contractor’s history of reasonable and cooperative behavior (to include timely identification of issues in controversy), willingness to work with customer and reasonably adapt to newer manufacturing evidence-based practices and specifications, customer satisfaction, timely award and management of subcontracts, cooperative attitude in remedying problems, and timely completion of all administrative requirements; and

4. Findings from recent (i.e. within three years of the date of issuance of this solicitation) audit s and/or food safety inspections.

NOTE: In cases where an offeror lacks relevant past performance history, or in which information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance and must receive a “neutral” score. Prior to assigning a "neutral" past performance rating, the contracting officer may take into account a broad range of information related to an offeror's past performance.

Rejection of Unrealistic Offers: The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

Source Selection Decision: The government shall select the source based upon a best value evaluation of the offeror’s technical acceptability, satisfactory past performance and price. All evaluation factors other than cost or price, when combined, are significantly more important than price.

33. SUBMISSION OF PROPOSALS: Late proposals will not be considered except in accordance with FAR guidelines.

All vendors must submit their technical and price proposals (separate technical and price proposals) on company letter head that contains the company's full name, address, telephone numbers, email addresses, and point of contact. The proposal must also list the company’s Tax Identification Number (TIN), Data Universal Numbering System (DUN), and Small Business Filing Status, if applicable.

The technical proposal must provide a technical description of the items being offered, in sufficient detail to evaluate compliance with the requirements in this BPA. This may include product literature, or other documents, if necessary.

However potential contractors are not to send brochure as their proposal.

The proposal should follow this guideline Part I – Cover Letter Part II – Technical Proposal -Management Approach -Quality Assurance -Technical Approach -Experience -Production Capacity Part III – Price Proposal Vendors must include an itemized quote that is in accordance with this BPA. Price elements must be separately listed as single line items;

• Item number

• Item description

• Quantity

• Unit

• Unit price The offeror shall also fill in the BPA price schedule below and return this entire BPA, signed with their proposal.

Part IV – Past performance Past performance references must be submitted using attachment 2, Form – Performance Rating Form from the contractor references directly to the contracting officer via email (Pboateng@usaid.gov , and CC lpallithanam@usaid.gov by closing of this solicitation – The contractor shall also submit past performance information with its proposal in accordance with the following:

1. List in an annex to the technical submission up to Three (3) of the most recent and relevant contracts for efforts similar to the work in this solicitation. The most relevant indicators of performance are contracts of similar scope of work and how recently they were performed (within the last three years).

2. For each of these contracts, list the relevant information contained in the Contractor Performance Report – Short Form.

NOTE: USAID recommends that offerors alert the contacts that their names have been submitted and that they are authorized to provide performance information concerning the listed contracts if and when requested by USAID.

mailto:Pboateng@usaid.gov mailto:lpallithanam@usaid.gov

3. If extraordinary problems impacted any of the referenced contracts, provide a short explanation and the corrective action taken as required by FAR 15.305(a) (2).

NOTE: In cases where an Offeror lacks relevant past performance history, or in which information on past performance is not available, the Offeror will receive a “neutral” score for past performance.

33. APPLICABLE UNITED STATES FEDERAL ACQUISITION REGULATION CLAUSES:

CONTRACT CLAUSES

A.I.D. Acquisition Regulation (48 CFR Chapter 7) Clauses

NUMBER TITLE DATE

752.202-1 Definitions JAN 1990

752.211-70 Language And Measurement JUN 1992

752.242-70 Periodic Progress Reports OCT

752.7006 Notices APR 1984

752.7009 Marking JAN 1993

752.7025 Approvals APR 1984

FAR 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):

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

NUMBER TITLE DATE

52.203-3 Gratuities Apr 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014

52.212-4 Contract Terms and Conditions—Commercial Items May 2015 52.232-1 Payments Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.247-5 Familiarization with Conditions Apr 1984 52.247-21 Contractor Liability for Personal Injury and/or Property Damage Apr 1984 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed Price Supply and Service) Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

Contracting Officer check as appropriate:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

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__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

https://www.acquisition.gov/far/html/52_217_221.html%23wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1135970 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136017 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136017 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136058 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136058 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136058 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136174 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_217_221.html%23wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html%23wp1144950 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_217_221.html%23wp1144420 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_222.html%23wp1147479 https://www.acquisition.gov/far/html/52_222.html%23wp1147630 https://www.acquisition.gov/far/html/52_222.html%23wp1147656 https://www.acquisition.gov/far/html/52_222.html%23wp1147711 https://www.acquisition.gov/far/html/52_222.html%23wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_222.html%23wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_222.html%23wp1148123 https://www.acquisition.gov/far/html/52_222.html%23wp1160019

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as…