SOLICITATION_-_W15QKN-18-R-1022.docx

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CATERED MEAL SERVICES
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W15QKN-18-R-1022
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W15QKN-18-R-1022

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CONTRACT ADMIN

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION - The Contract Specialist should be your first line of communication on this effort.

Contracting Officer Name: Sharon Wilson -Emmons Phone: (609) 562-6405 Email: sharon.wilson-emmons.civ@mail.mil

Contract Specialist Name: Amber Mears Phone: (609) 562-2567 Email: amber.l.mears.civ@mail.mil

Government Point of Contact Dining Facility Manager/COR Name: Esther Cabrera Phone: (978) 796-2711 Email: esther.l.cabrera.civ@mail.mil

Contractor

TO BE DETERMINED

ATTACHMENTS

ATTACHMENT 0001 PERFORMANCE WORK STATEMENT (PWS)

ATTACHMENT 0002 GOVERNMENT FURNISHED PROPERTY LIST

ATTACHMENT 0003 PAST PEFORMANCE COVER LETTER

ATTACHMENT 0004 PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT 0005 QUALITY ASSURANCE PLAN (QASP)

ATTACHMENT 0006 STANDARD FORM LLL

ATTACHMENT 0007 PREAUDIT QUESTIONNAIRE (APHC) - MANDATORY SUBMITTAL

ATTACHMENT 0008 INITIAL FOOR PROTECTION AUDIT REQUEST PROCURES FOR SUCCESSFUL OFFEROR

ATTACHMENT 0009 AR-40-57 VET FOOD INSPECTION

EXHIBIT A CONTRACT DATA REQUIREMENTS LIST (CDRL A001)(DD Form 1423) EXHIBIT B CONTRACT DATA REQUIREMENTS LIST (CDRL B001)(DD Form 1423)

INSTRUCTIONS TO OFFERORS

***THIS REQUIREMENT HAS BEEN 100% SET ASIDE FOR SMALL BUSINESS***

1. The purpose of this Request for Proposal (RFP) is to procure Catered Meal Services in support of the Logistics Readiness Center (LRC) Fort Devens. Services are to be performed at the: Fort Devens Dining Facility 36 Quebec Street, Building 657 Fort Devens, MA 01434. A catered meal is defined as: “a meal prepared in a commercial establishment for consumption there or delivered to a specific location for consumption or, prepared at the consumption site using caterer’s portable equipment and subsistence supplies.” Cooking on the premises is not authorized.

2. SITE VISIT INFORMATION

NAME: Esther Cabrera

PHONE: 978-796-2711

E-MAIL: esther.l.cabrera.civ@mail.mil DATE OF SITE VISIT: 18 JULY 2018 (date subject to change) TIME: 10:00am Eastern Standard Time (time subject to change)

A site visit will be conducted on 18 July 2018 at 10a.m. local time, date and time subject to change. Please note delays should be expected at the entry processing center due to increased security measures. Offerors who plan to attend should email a list of attendees to include visitor names, company name, and license plate number to Amber Mears at amber.l.mears.civ@mail.mil no later than 16 July 2018 at 10a.m. local time for security processing, date is subject to change. Visitors must have a valid driver’s license or state issued ID for entry. Failure to respond in a timely manner may result in delay or denial of access to the installation. The meeting will begin at the Fort Devens Dining Facility, Bldg. 657, 36 Quebec St, Ft Devens, MA, 01434; POC: Esther Cabrera. Please arrive for the site visit no earlier than 9:30 a.m. Daylight Saving Time (DST). If problems accessing the base are encountered or directions to the base location are required on the day of the site visit, please contact Esther Cabrera at telephone number 978-796-2711, esther.l.cabrera.civ@mail.mil. No questions will be answered at the site visit, they must be submitted via email to the Contracting Officer and Contract Specialist by the date listed in Para 7 below.

3. The Period of Performance for this requirement shall be a twelve (12) month base period and two (2), twelve-month option period from date of contract award. The Government may extend this contract up to six (6) additional months in accordance with FAR 52.217-8, Option to Extend Services.

4. All work shall be performed in accordance with the Performance Work Statement. The quantities listed on the SF 1449 Continuation Sheet are estimated quantities for the Base period and option periods. All orders will be placed under Delivery Orders to the Contract with the actual monthly quantities required.

5. Offers shall remain valid for 120 calendar days. See FAR 52.212-1 and 52.212-1 Addendum for Evaluation Criteria and FAR 52-212-2 and 52.212-2 Addendum for Proposal Submission

6. This Solicitation is issued in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Item.

7. Before submitting questions please read through entire solicitation thoroughly. All questions must be submitted by 24 July 2018, 10am DST. NO TELEPHONIC QUESTIONS WILL BE ACCEPTED. ALL QUESTIONS MUST BE SUBMITTED TO BOTH EMAIL ADDRESS: sharon.wilson-emmons.civ@mail.mil and amber.l.mears.civ@mail.mil. Do not submit any questions to the COR or Technical POCs.

8. IMPORTANT INFORMATION: All offeror must comply with AR 40-657 Vet Food Inspections to be eligible for award. ALL OFFERORS must submit your Pre-Audit Questionnaire APHC with your proposal even if you are currently registered in the system. Failure to submit this questionnaire could deem your proposal non-responsive.

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
60,000
Each

Base Year Breakfast Meals

FFP

BASE YEAR: CATERED BREAKFAST MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011090099-0001

PSC CD: S203

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
62,500
Each

Base Year Lunch Meals

BASE YEAR: CATERED LUNCH MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
43,000
Each

Base Year Dinner Meals

BASE YEAR: CATERED DINNER MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Base Year CMR

The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in section 8 of the PWS dated 07 May 2018. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each Government fiscal year and must be reported by 31 October of each calendar year. Data must be accurate and complete and entered into CMR during the data gathering period of every year, or part of a year, for which the contract is in force.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

CDRLS

Contract Data Requirement List in accordance with the Performance Work Statment (PWS): ALL CDRLS WILL BE NOT SEPARATELY PRICED AND APPLY TO THE BASE YEAR AND ALL OPTION YEARS.

A001 CONTRACTOR EMPLOYEE LIST

B001 HAZARD ANALYSIS CRITICAL CONTROL PLAN (HACCP PLAN)

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
60,000
Each
OPTION
Option Year One Breakfast Meals

FFP

OPTION YEAR ONE: CATERED BREAKFAST MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
62,500
Each
OPTION
Option Year One Lunch Meals

FFP

OPTION YEAR ONE: CATERED LUNCH MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
43,000
Each
OPTION
Option Year One Dinner Meals

FFP

OPTION YEAR 1: CATERED DINNER MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Option Year One CMR

FFP

The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in section 8 of the PWS dated 07 May 2018. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each Government fiscal year and must be reported by 31 October of each calendar year. Data must be accurate and complete and entered into CMR during the data gathering period of every year, or part of a year, for which the contract is in force.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
60,000
Each
OPTION
Option Year Two Breakfast Meals

FFP

OPTION YEAR TWO: CATERED BREAKFAST MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
62,500
Each
OPTION
Option Year Two Lunch Meals

FFP

OPTION YEAR 2: CATERED LUNCH MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
43,000
Each
OPTION
Option Year Two Dinner Meals

FFP

OPTION YEAR 2: CATERED DINNER MEALS

IAW the Performance Work Statement dated 07 May 2017. Ordering Period TBD.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
CLIN 2004 Option Year Two CMR

FFP

The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in section 8 of the PWS dated 07 May 2018. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each Government fiscal year and must be reported by 31 October of each calendar year. Data must be accurate and complete and entered into CMR during the data gathering period of every year, or part of a year, for which the contract is in force.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
N/A
Government
Destination
Government
0003
N/A
Government
Destination
Government
0004
N/A
Government
Destination
Government
0005
N/A
N/A
N/A
Government
1001
N/A
Government
Destination
Government
1002
N/A
Government
Destination
Government
1003
N/A
Government
Destination
Government
1004
N/A
Government
Destination
Government
2001
N/A
Government
Destination
Government
2002
N/A
Government
Destination
Government
2003
N/A
Government
Destination
Government
2004
N/A
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 16-SEP-2018 TO

15-OCT-2019

N/A
USAG FORT DEVENS

ESTHER CABRERA

36 QUEBEC STREET

FORT DEVENS MA 01434-4479

978-796-2711

W13GQF

0002
POP 16-SEP-2018 TO

15-OCT-2019

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

0003
POP 16-SEP-2018 TO

15-OCT-2019

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

0004
POP 16-SEP-2018 TO

15-OCT-2019

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

0005
N/A
N/A
N/A
N/A
1001
POP 16-SEP-2019 TO

15-OCT-2020

N/A
USAG FORT DEVENS

ESTHER CABRERA

36 QUEBEC STREET

FORT DEVENS MA 01434-4479

978-796-2711

W13GQF

1002
POP 16-SEP-2019 TO

15-OCT-2020

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

1003
POP 16-SEP-2019 TO

15-OCT-2020

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

1004
POP 16-SEP-2019 TO

15-OCT-2020

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

2001
POP 16-SEP-2020 TO

15-OCT-2021

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

2002
POP 16-AUG-2020 TO

15-AUG-2021

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

2003
POP 16-AUG-2020 TO

15-AUG-2021

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

2004
POP 16-AUG-2020 TO

15-AUG-2021

N/A
(SAME AS PREVIOUS LOCATION)

W13GQF

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
NOV 2013
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
52.203-13
Contractor Code of Business Ethics and Conduct
OCT 2015
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
OCT 2016
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-13
System for Award Management Maintenance
OCT 2016
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016
52.208-9
Contractor Use of Mandatory Sources of Supply or Services
MAY 2014
52.209-2
Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-5
Certification Regarding Responsibility Matters
OCT 2015
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.212-1
Instructions to Offerors--Commercial Items
JAN 2017
52.212-4
Contract Terms and Conditions--Commercial Items
JAN 2017
52.217-5
Evaluation Of Options
JUL 1990
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-55
Minimum Wages Under Executive Order 13658
DEC 2015
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-17
Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.229-3
Federal, State And Local Taxes
FEB 2013
52.232-18
Availability Of Funds
APR 1984
52.232-18
Availability Of Funds
APR 1984
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1
Disputes
MAY 2014
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.237-1
Site Visit
APR 1984
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-13
Bankruptcy
JUL 1995
52.245-1
Government Property
JAN 2017
52.245-2
Government Property Installation Operation Services
APR 2012
52.245-9
Use And Charges
APR 2012
52.246-4
Inspection Of Services--Fixed Price
AUG 1996
52.246-25
Limitation Of Liability--Services
FEB 1997
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7031
Secondary Arab Boycott Of Israel
JUN 2005
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7010
Levies on Contract Payments
DEC 2006
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

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

A. BASIS FOR AWARD

The Government intends to award a single Firm Fixed Price Requirements Contract for Catering Meal Services for the Reserve Forces Training Area (RFTA) Fort Devens, MA Logistics Readiness Center (LRC). This solicitation is being issued under FAR Part 12, utilizing FAR Part 13.5, Simplified Procedures for Certain Commercial Items.

The award will be made based on the best overall (i.e. best value) proposal that is determined to be the most beneficial to the Government with the appropriate consideration given to the three evaluation factors: Technical, Past Performance, and Price. The Technical Factor is more important than the Past Performance Factor. The Past Performance Factor is more important than the Price Factor. When combined, the non-Price Factors are significantly more important than the Price Factor. Award will be made to the Offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the specific evaluation factors.

The Source Selection Authority (SSA) must consider whether or not the benefits of the non-cost strengths warrant the additional price premium. This is accomplished by conducting a trade-off analysis among the competing proposals. The decision shall be based on a comparative assessment of proposals against all source selection criteria in the solicitation and will be documented in the decision document. Offerors are cautioned that the award may not necessarily be made to the lowest price offered or the Offeror with the highest Technical Factor rating.

The Government intends to award a contract without discussions as described outlined in FAR 52.212-1(g), Instructions to Offerors – Commercial Items, therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a Price and technical standpoint. The Government reserves the right to issue Clarifications “limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated”, and reserves the right to conduct discussions, if the Contracting Officer later determines them to be necessary.

Failure to provide proposals that comply with any requirements or terms and conditions of the solicitation may render the Offeror's proposal non-compliant and be grounds for rejection. All Offerors are urged to ensure that their initial proposals are submitted with the most favorable terms in order to reflect their best possible potential.

B. FACTORS TO BE EVALUATED

The Government will weigh the relative benefits of each proposal and the Source Selection Authority (SSA) will assess the results of the following Factors, listed below in descending order of importance:

1. Factor 1 – Technical

Areas of consideration within the Technical Factor are listed below (these areas of consideration are not sub-factors and are not weighted separately):

Area 1: Technical Approach Area 2: Food Preparation, Transportation and On-Site Meal Service Plan Area 3: Quality Control Plan and Transition Plan

2. Factor 2 – Past Performance

3. Factor 3 – Price

The evaluators will use the following terms in support of the rating of all non-price evaluation factors except Past Performance:

a. Deficiency - A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

b. Significant Weakness - A flaw that appreciably increases the risk of unsuccessful contract performance.

c. Weakness - A flaw in the proposal that increases the risk of unsuccessful contract performance.

d. Strength - An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

e. Significant Strength - An aspect of an Offeror's proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

C. EVALUATION APPROACH

C.1. All proposals shall be subject to evaluation by a team of Government personnel. The result will be a determination of the overall merits of each proposal in terms of its potential to best satisfy the needs of the Government. In making the integrated assessment of the results of the evaluation of all factors, the Government will give due consideration to the relative order of importance of such factors and their merit ratings in relationship to price. The Government weighs any increase in merit rating against any additional price to determine if the parity of the relationship warrants the paying of additional price for additional merit

The overarching evaluation approach for the Technical Factor is as follows:

a. Adequacy of Response. The proposal will be evaluated to determine whether the Offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the Catering Services. The proposal will be evaluated to determine the extent to which each requirement has been addressed in the proposal in accordance with the proposal submission section of the Catering Services.

b. Feasibility of Approach. The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results are achievable. The proposal will be evaluated to determine the extent to which successful performance is contingent upon proven devices and techniques. The proposal will be evaluated to determine the extent to which the Offeror is expected to be able to successfully complete the proposed tasks and technical requirements within the required schedule.

FACTOR 1-TECHNICAL

The Offeror shall address each of the following areas of consideration (these areas are not subfactors and are not weighted separately):

Area 1: Technical Approach:

The Government will evaluate the offeror’s proposed technical approach demonstrated the ability to understanding and meet the requirements as outlined in the following areas as outlined in the PWS.

(1) Sample Menu: Offerors must submit a sample fourteen (14) day menu for breakfast, lunch, and dinner which demonstrate a variety, quality (high in nutritional value, freshness and taste), and portion size IAW the PWS Paragraphs 12.1.d through 12.1.f. This Area will be will be evaluated for variety, quality to include but not limited to nutritional value, freshness, portion size and quantity of food selections. The sample menu will be used as a guideline for approval of 14 day menu as outlined in PWS paragraph 12.1.e after award.

(2) Certifications: The proposal requires offerors’ ability to provide valid/current copies of the following documentation IAW PWS Paragraph 12.1.c.

1. Health Permit for retail food.

2. Business License

3. Certificate of Insurance

4. Hazard Analysis Critical Control Point (HACCP) Plan

5. SERVSAFE Certifications Food Protection Manager Certifications or equivalent as outlined at http://www.mass.gov/eohhs/docs/dph/regs/105cmr590.pdf and https://www.premierfoodsafety.com/massachusetts-food-safety-certification

Area 2: Food Preparation, Transportation and On-Site Meal Service Plan:

(1) The Government will evaluate the offerors approach and demonstrated ability to provide a Food Preparation, Transportation and On-Site Meal Service Plan, that meets the requirements of the PWS. The plan shall include and address as a minimum:

(a) This plan shall include and describe the off-site the food preparation facility to be utilized for food preparation, its location, driving distance, and the ability to provide timely transportation of the food to the serving area from off-site, to include as a minimum food handling safety and maintaining temperature of the food.

(b) The Plan must address and follow all state and local protocol for food safety and sanitization during preparation, transportation and holding IAW PWS Paragraph 12.2.

(c). Address the offerors ability to provide timely meal service, and preparation once on-site at the Government facility IAW PWS Paragraph 12.3.

Area 3: Quality Control Plan (QCP)/Transition Plan/DOD Regulation 40-657 Pre-Audit Questionnaire

(1) The proposal will evaluate the offerors approach and demonstrated ability to provide:

(1) A Quality Control Plan (QCP), as IAW PWS Paragraph 12.1.b(f). The plan shall address all of the elements outlined in the PWS paragraph 12.1.b(f).

(2) The Offeror shall also provide a Transition Plan that describes the transition from the incumbent IAW PWS Paragraph 7.1. The transition plan shall include as a minimum the following:

(a) Proposed Transition timeline (Milestone Schedule) from Notice to Proceed (NTP) to Assumption of Responsibility (AOR) including any major milestones, tasks/activities;

(b) Proposed Roles and responsibilities of Contractor and interaction with the Government teams and personnel;

(c) Proposed approach to ensuring a seamless and transparent Transition with no negative impact;

The Government will evaluate whether the QCP/transition plans are realistic, feasible, thorough, and whether it demonstrates how performance risk will be mitigated throughout the transition period. The transition period shall not exceed 15 calendar days.

(3) Provider shall submit responses to the Pre-Audit Questionnaire required for compliance with Army Regulation 40-657) as outlined in PWS paragraph 12.1.b(e). The Government will evaluate whether the responses as to the feasibility that an offeror will be considered for approval to be added to the “Worldwide Directory of Sanitarily Approved Establishments for Armed Forces Procurement” in accordance with AR 40-657.

TECHNICAL FACTOR RATINGS

The Technical Factor ratings, shown in Table 1 below, will receive a color/adjectival rating.

Table 1

Combined Technical/Risk Ratings

Color
Rating
Description
Blue
Outstanding
Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.
Purple
Good
Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.
Green
Acceptable
Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow

Marginal
Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.
Red
Unacceptable
Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is un-awardable.

Offerors that receive a final rating of Red/Unacceptable in the Technical Factor are ineligible for award. Areas of consideration are not sub-factors and will not receive individual Technical/Risk Ratings.

The adjectival and color rating from the table above has an assessment of technical risk, which is manifested by the identification of weakness(es), considers potential for disruption of schedule, degradation of performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract performance.

FACTOR 2-PAST PERFORMANCE

a. The Offeror and its major subcontractors will be evaluated on the quality of their relevant and recent past performance, as it relates to the probability of success on this contract. Major subcontractors are defined any contractor whose subcontract is for more than 25% of the total proposed price. Both independent data and data provided by Offerors in their proposals may be used to evaluate the Offeror’s past performance. A single performance confidence assessment will be established.

b. For the purpose of evaluating proposals, “Recent” is defined as occurring within the last 3 years from issuance of the Solicitation, their successful past performance, relating to the type of services required in the Performance Work Statement. “Relevant” is defined as contracts that are similar in nature of work, size, and complexity as required in the PWS.

c. This evaluation will encompass all aspects of schedule and performance, including the Offeror’s detailed record of 1) compliance with services and related delivery of services and 2) commitment to customer satisfaction. The evaluation will be based upon the ability of the offeror to demonstrate a Recency Assessment and Relevancy Assessment. Past performance information that fails these conditions will not be evaluated.

d. Based on the offeror’s previous and current experience and performance on same or similar items (maximum 3 years), the Government will assess those risks associated with the Offeror’s and subcontractors past performance. Offerors shall submit a maximum of the three (3) most recent and relevant Government (Federal and DoD) contracts as a prime, and a maximum of two (2) of the most recent and relevant Government contracts for each major subcontractors occurring within the past three years from the release date of the solicitation that are similar in size and scope to requirements of the solicitation. Offerors are advised to submit single contracts or single task/delivery orders (TO/DO) placed under an Indefinite Delivery Indefinite Quantity (IDIQ) contract (under FAR 16.501-1); or a single order placed under a Blanket Purchase Agreement (FAR 8.405-3, 13.303). Each TO/DO submitted will be considered one of the references permitted per the above guidance. An IDIQ contract reference without an order number will not be considered in the past performance evaluation. Data concerning the prime Offeror shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

The Government will focus its inquiry of the Offeror’s/subcontractor’s record of performance as it relates to all solicitation requirements, including cost, schedule, and quality of services, timeliness of performance and customer significant achievement. Offerors are cautioned that the Government may use data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided.

Performance Relevancy Assessment: The first aspect of the past performance evaluation is to assess the Offerors past performance to determine if work performed in the past is relevant as defined above. Relevancy is not separately rated; however, the following criteria will be used to establish what is relevant, and what is not relevant. In conducting the performance relevancy assessment, each Offeror shall be assigned one of the ratings identified below:

Table 2 – Past Performance Relevancy Ratings

Rating
Definition
Relevant
Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Not Relevant
Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Confidence Assessment: The second aspect of the past performance evaluation is to determine how well the Offeror performed under the contract scope. The past performance evaluation gathers information from customers on how well the Offeror performed those past contracts. In conducting the performance confidence assessment, each Offeror shall be assigned one of the ratings identified below:

Table 3 – Performance Confidence Assessment

Rating
Definition
Substantial Confidence
Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.
Neutral Confidence
No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.
Limited Confidence
Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.
No Confidence
Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

The following definition as it relates to the Past Performance Factor shall be used in the evaluation process:

Adverse Past Performance - Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as the Past Performance Information Retrieval System (PPIRS) or Federal Awardee Performance and Integrity Information System (FAPIIS).

NOTE TO OFFEROR: Offerors are advised that while an Offeror will not be evaluated either favorably or unfavorably for having Neutral Confidence. Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), other Government databases, and interviews with Contracting Officer Representatives, and Contracting Officers. The Government may use past performance information obtained from sources other than those identified by the Offeror IAW FAR 12.206. The Government reserves the right to use or not use past performance information submitted by the Offeror based on whether or not adequate recorded past performance information is available in its Federal databases.

FACTOR 3: PRICE

The Offeror shall provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can obligate the company contractually and is authorized to negotiate, if required.

A total evaluated price will be calculated for each Offeror and used in a tradeoff analysis in order to determine the best value. If the Government determines that adequate price competition was not obtained and/or if the total evaluated price cannot be deemed fair and reasonable, the Government reserves the right to have Offeror submit additional information in accordance with 13.106-3(vii).

Offerors shall submit their offer by completing the Bid Schedule in the solicitation.

Price will not be scored or rated. Evaluation of price will be performed using one or more of the techniques in FAR 12.209. Through these techniques the Government will determine whether prices are reasonable, complete and balanced.

The Government will evaluate offers for award purposes by adding the total of all CLIN prices. As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six-month extension of services period. The Government may choose to exercise the extension of services at the end of any performance period (base or option periods), utilizing the prices of that performance period.

Unbalanced Pricing: The Government will examine price proposals for artificially low unit prices. Offers found to be unreasonably high, unrealistically low (an indication of buy in), or unbalanced, may be considered unacceptable and may be rejected on that basis.

DETERMINATION OF RESPONSIBILITY

a. A Certificate of Competency may be required by the Contracting Officer in accordance with FAR 19.6.

b. A Preaward Survey may be required by the Contracting Officer in accordance with FAR 9.106

D. PROPOSAL SUBMISSION

Introduction: This section contains general proposal submissions instructions as well as specific proposal requirements for the Catering Meal Services for the Reserve Forces Training Area (RFTA) Fort Devens, Logistics Readiness Center (LRC).

The proposal must not repeat the Catering requirements, but rather must provide convincing evidence in support of conclusive statements of how contract requirements will be met.

Offerors are cautioned that “parroting” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

Failure to provide proposals in compliance with any requirements of the Catering requirements may be render the Offeror's proposal non-compliant and be grounds for rejection.

PROPOSAL INSTRUCTIONS

Offerors shall provide information by addressing each Factor in the format and sequence identified in the solicitation. The Offerors must provide information in sufficient detail to allow the Government to make a best value assessment of the Offeror’s capability to support the proposed response to the evaluation criteria. Proposals that do not contain the information requested in the solicitation risk being determined unacceptable by the Government. The Government will not assume the Offeror possesses any capability, understanding, or commitment not specified in the proposal.

The proposal must not merely repeat the solicitation requirements, but rather must provide convincing documentary evidence in support of conclusive statements of how contract requirements will be met.

All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Officer and Contract Specialist. No direct discussion between the technical representative and a prospective Offeror will be conducted. Communications will be conducted via e-mail. Questions shall be sent to the following points of contact, and proposals shall be submitted by email to the following point of contacts:

Contracting Officer:

sharon.wilson-emmons.civ@mail.mil

Contract Specialist:

Amber Mears E-mail: amber.l.mears.civ@mail.mil

Each proposal shall be submitted in the English language and consist of and include all of the following:

One signed and completed cover page of the solicitation and continuation sheets (Sections A through M) signed by a person authorized to enter into the proposed contract on behalf of the Offeror. Acknowledgment of all amendments to the catering Services and all continuation sheets are to be filled in as directed Offerors are directed to thoroughly read the solicitation and fill in the required information in the appropriate solicitation clauses. For any fill-ins that are not applicable, the Offeror must acknowledge by indicating “N/A.”

Representations through System for Award Management. The purpose of electronic Representations and Certifications is to provide all Offerors with a portal in which to submit Reps/Certs in a publicly accessible format, nullifying the requirement to submit identical information in response to each and every Federal contract solicitation. As a requirement under this solicitation, all Offerors must submit Reps/Certs data into the System for Award Management (S.A.M.) at https://www.sam.gov/. Any Offeror that has previously submitted Reps/Certs data into SAM is reminded to update the data prior to submitting with the proposal.

FORMAT FOR PROPOSALS

Proposal Format: The Offeror’s proposal shall be divided into separate volumes based on the Factors as set forth below and all information specific to each area of consideration shall be confined to that volume.

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