DRAFT_W564KV-16-R-0029_KP_Solicitation_DRAFT.pdf

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DRAFT Solicitation for Kitchen Police Service Federal contract opportunity
Solicitation number
W564KV-16-R-0029
Issued by
Department of the Army Materiel Command Expeditionary Contracting Command Theater Contracting Center Kaiserslautern 409th CSB

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(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, Proposals are being requested and a written solicitation will not be issued.

(II) The solicitation reference number is W564KV-16-R-0029. This acquisition is issued as Request For Proposal

(RFP).

(III) The solicitation document, incorporated provisions, and clauses are those in effect through the Federal Acquisition Circular 2005-84 effective October 5, 2015.

(IV) This acquisition not set-aside for small business and is being posted as “unrestricted” under NAICS Code 624210. Business size standard for this NAICS is $10,000,000.

(V-XIII) Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

(XIV) Located in the following pages.

(XV) This action is not rated under the Defense Priorities and Allocations System (DPAS).

(XVI) QUOTES ARE DUE BY EMAIL ONLY NO LATER THAN 13:00 LOCAL TIME ON DECEMBER 1,

2015.

By email to: shawn.o.peynado.mil@mail.mil and abby.k.schultz.civ@mail.mil

(XVI) POINT(S) OF CONTACT: Interested parties are directed to submit questions in writing to the email addresses listed below. Interested parties asking questions by phone may be requested to submit them in writing.

The primary point of contact for this acquisition is Maj Shawn O. Peynado:

PHONE:

Commercial (Within Germany): 0631 411-5161 Commercial (Outside Germany): +49 631 411-5161 e-mail shawn.o.peynado.mil@mail.mil

Alternate point of contact: Abby Schultz:

PHONE:

Commercial (Within Germany): 06314115596 Commercial (Outside Germany): +49 6314115596 e-mail abby.k.schultz.civ@mail.mil

W564KV-16-R-0029

(XVI) QUOTES ARE DUE BY EMAIL ONLY NO LATER THAN 13:00 LOCAL TIME ON DEMBER 9,

2015.

W564KV-16-R-0029

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Kitchen Police Labor

FFP

Non-Personal Service: Provide Kitchen Police labors (KP's) in accordance with the attached Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0010753916

NET AMT

1001 12 Months OPTION Kitchen Police Labor

FFP

Non-Personal Service: Provide Kitchen Police labors (KP's) in accordance with the attached Performance Work Statement (PWS).

2001 12 Months OPTION Kitchen Police Labor

FFP

Non-Personal Service: Provide Kitchen Police labors (KP's) in accordance with the attached Performance Work Statement (PWS).

3001 12 Months OPTION Kitchen Police Labor

FFP

Non-Personal Service: Provide Kitchen Police labors (KP's) in accordance with the attached Performance Work Statement (PWS).

7500 1 Each Contract Manpower Report (BASE PERIOD)

FFP

The contractor will report all manpower required for this contract in accordance with PWS paragraph 5.6. Report due NLT 31 Oct 2016.

7501 1 Each Contract Manpower Report (Option)

FFP

The contractor will report all manpower required for this contract in accordance with PWS paragraph 5.6. Report due NLT 31 Oct 2017.

7502 1 Each Contract Manpower Report (Option)

FFP

The contractor will report all manpower required for this contract in accordance with PWS paragraph 5.6. Report due NLT 31 Oct 2018.

7503 1 Each Contract Manpower Report (Option)

FFP

The contractor will report all manpower required for this contract in accordance with PWS paragraph 5.6. Report due NLT 31 Oct 2019.

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1

PROPOSAL SUBMISSION

1. Purpose: These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposals. Offerors are cautioned to follow the instructions carefully.

2. Submission: Submission of Proposals shall be via email, on or before the date set for receipt of proposals, to MAJ Shawn Peynado, Contract Specialist, shawn.o.peynado.mil@mail.mil AND Mrs.

Abby Schultz, Contracting Officer, abby.k.schultz.civ@mail.mil. The subject of the e mail(s) shall be W564KV 15 R 0029 – KP Services Baumholder. All offers must be submitted in ENGLISH. Those provided in other than English will be determined “Unacceptable” and eliminated from competition.

a. Contract Inquiry: All questions shall be received by MAJ Shawn Peynado, Contract Specialist, shawn.o.peynado.mil@mail.mil AND Mrs. Abby Schultz, Contracting Officer, abby.k.schultz.civ@mail.mil. no later than 20 days after issuance of the solicitation. The subject of the email shall be W564KV 15 R 0029 KP Services Baumholder – Questions. Questions shall annotate a reference to the specific solicitation factor to which they pertain. All questions, resulting in a change to the RFP will be posted as an amendment to the RFP.

b. Proposals shall include separate electronic documents for the solicitation, technical, past performance, and price proposal sections. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide adequate basis for evaluation.

(1) Maximum size limitation for e mail receipt for the contracting office is 10 MB (including all attachments). If Offerors proposal is larger than 10MB, offeror may submit proposal via separate emails. When submitting proposal via separate emails, the offeror shall state how many other emails will be submitted (i.e., 1 of 4, 2 of 4, etc.). It is the Contractor’s responsibility to ensure the Government receives all emails with appropriate attachments timely. A complete proposal received after the “exact” time stated above may be considered late and may not be considered.

(2) Page Limitation: If the page limits are exceeded, the pages in excess of the limit will be removed and not evaluated. The Government will not accept any changes to the Contractor’s proposal after the closing date of the solicitation. Page limitations are as follows:

TITLE FORMAT PAGE LIMITATION

Solicitation Word or pdf document compatible with MS Word 2007 or Adobe Reader 9 No Page limitation

Technical Factor

Word or pdf document compatible with MS Word 2007 or Adobe Reader 9

15 pages (excludes title page, table of contents, glossary of abbreviations and acronyms, and assumptions/exceptions)

Past performance

Word or pdf document compatible with MS Word 2007 or Adobe Reader 9 No Page limitation

Price Excel document compatible with MS Excel 2007 or using SF 1449 next to each item number

No Page limitation

c. Proposal font type shall be limited to Arial, Courier or Times New Roman equal or larger than 12 font size. Graphics, photos, and charts may use color; however, offerors are cautioned to use colors that are legible if printed in black and white. Font size in tables, graphs, and charts is at the discretion of the offeror; however, information must be legible.

d. What counts as a page? A page shall be an 8 ½” x 11” sheet of paper. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Fold outs will be counted as the appropriate number of pages based on an 8 ½” X 11” sheet of paper. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The Contractor shall number each page in order to eliminate any confusion. In the event the Contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

e. Offers will be evaluated using the criteria under Addendum to 52.212 2, “Evaluation – Commercial Items (JAN 1999).” Noncompliance with the addendum may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

f. The Offer. The submission of the documentation specified below will constitute the offerors acceptance of the terms and conditions of the RFP, concurrence with the performance work statement and contract type.

g. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range may be determined and offerors notified.

h. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

i. The use of hyperlinks is prohibited.

3. Proposal Preparation Instructions:

Offerors proposal shall consist of four separate electronic documents as follows:

Part I: Solicitation Part II: Technical Part III: Past Performance Part IV: Price

Each part of the proposal will be rated according to the chart listed below:

DEFINITION RATING

Meets or exceeds minimum standard requirements Acceptable

Fails to meets or exceeds minimum standard requirements Unacceptable

a. Part I Solicitation: Failure to follow the below contract proposal preparation instructions may cause proposal to be deemed non responsive by the Government. This document shall contain:

(1) The signed and dated Standard Form 1449 and acknowledgement of all RFP amendments.

(2) IAW FAR 52.204 7, the offeror shall be registered in the System for Award Management (SAM) (previously CCR) at https://www.sam.gov/portal/public/SAM/

(3) Acceptance Period: Offerors proposal shall remain valid for a period of 120 calendar days from date of receipt of proposal. Proposals offering a shorter period of time than 120 calendar days may be rejected as non responsive.

b. Part II Technical: The offeror shall submit a concise and detailed approach for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important.

Responses will be evaluated against the factors defined in Addendum to 52.212 2 – Evaluation – Commercial Items. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Statements that the offeror understands, can, or will comply with the PWS (including reference publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offerors proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired. The technical proposal shall correlate to the data submitted under the price proposal but SHALL NOT contain price information. All cross utilization, if applicable, of personnel shall be explained and depicted. The offeror shall identify in detail any equipment, materials, or supplies proposed differing from those covered in the PWS.

The offeror shall address the following subfactors to prove technical acceptability:

1. Technical Approach – The Offeror shall provide a technical approach that demonstrates an understanding of and details their capabilities and approach to meeting the requirements of the PWS.

The approach shall include a detailed explanation of the operational procedures and how these procedures ensure that Kitchen Police services are done on schedule, in accordance with quality standards in relation to the PWS.

2. Staffing Plan The Offeror shall provide documentation that includes their staffing plan as well as an organization chart that depicts line of communication and supervision to the lowest level of support.

The offeror shall describe its approach to managing a disperse workforce while ensuring quality of services, at each location, at required times. The offeror shall describe its approach to ensuring personnel are fully qualified and trained prior to the start of and during performance of services under the contract. The resume of the supervisor (s) will not be counted in the total page count. Please limit resume to no more than two pages per individual.

3. Quality Control Plan – Offerors shall provide the proposed documentation; demonstrating a plan of action to ensure a defined and disciplined set of practices that focus on assuring that the service conforms to the standards included in the Performance Work Statement. The plan, at a minimum, should include:

A diagram of the Contractor’s proposed organization for quality control.

The list of qualified control manager(s), safety manager(s) and/or other key personnel that deal with quality control/quality assurance and safety.

Procedures to cover all services listed in the Performance Work Statement (PWS).

Procedures to ensure quality is provided during scheduled and unscheduled inspections.

An inspection system covering all services listed in the PWS. The system must specify the areas of services to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and the title of the inspectors.

The methods for identifying and preventing deficiencies and implementing timely corrective actions to ensure an acceptable level of performance.

c. Part III: Past Performance - The past performance evaluation will consist of acceptable or unacceptable rating.

If no past performance information exists, then the offeror will receive an acceptable rating.

1. Offeror’s shall provide no more than three (3) past performance references of recent and relevant contracts.

Recent is defined as contracts performed within the past five (5) years from the issuance date of the solicitation. Relevant means contracts of a similar scope and magnitude for labor support for kictchen/dining facility type work.

2. The contractor shall provide the most recent CPARS evaluation, if applicable, for any past performance reference identified.

3. This volume shall be organized into the following sections:

Sub-Section 1 – Past Performance Reference. This section shall include the following information in the following format:

a. Contractor/Subcontractor CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers).

b. Commercial Business or Government contracting activity, and current address, point of contact

(POC) name, e-mail address and telephone number.

c. Contract Number and if applicable, include Delivery Order Numbers also.

d. Contract Type (specific type such as Fixed Price (FFP), Cost Reimbursement (CR), Time & Materials (T&M), etc.) In the case of Indefinite Delivery contracts, indicate specific type

(Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FFP, CR, T&M, etc)).

e. Total price/cost and the largest annual price/cost.

f. Period of Performance.

Sub-Section 2 - Performance. Offerors shall provide a brief narrative of each past performance reference listed in sub-section 1 detailing how the effort is relevant to the requirements of this solicitation.

d. Part IV: Price Factor – The offeror shall include all resources required to accomplish the work required by the PWS and shall coincide with information presented in the technical proposal.

1. The contract type for this requirement is Firm Fixed Price. Within the submitted FFP monthly unit price, offeror shall include costs for all resources necessary to accomplish the work required by the PWS, to include labor and other direct costs (ODCs).

2. For Contractor Manpower Reporting CLINs (CLINs 700x), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or “Not Separately Priced”, “No Charge” or “$0.00” rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the Government, $0.00 shall be used for evaluation purposes, and the contract CLIN will be priced at $0.00. Future requests for compensation will be denied.

ADDENDUM TO FAR 52.212-2

A. BASIS FOR AWARD

(1) The Government will award a contract resulting from this Request for Proposal/solicitation under FAR Part 12 and 13.5 to the responsible offeror whose offer conforms to the Request for Proposal/solicitation and whose offer represents the best value to the Government using a lowest price technically acceptable source selection process. Award will be made on the basis of the lowest evaluated price meeting the technical acceptability standards. Technical acceptability, which includes past performance, will be based on a supplier submitting an offer that demonstrates the supplier’s ability to comply with all of the requirements listed in the Request for Proposal/solicitation’s Statement of Work/Specifications.

(2) Offers that do not conform to the requirements of the Request for Proposal/solicitation may be rejected without further evaluation, deliberation, or discussion. Offers will be evaluated for technical acceptability based on the technical acceptability standards below:

B. EVALUATION FACTORS FOR AWARD: Factors that will be evaluated are as follows:

Factor 1: Technical Factor

a. Subfactor 1: Technical Approach

b. Subfactor 2: Staffing Plan

c. Subfactor 3: Quality Control Plan Factor 2: Past Performance Factor 3: Price

C. EVALUATION APPROACH

TECHNICAL FACTOR:

a. Offerors shall demonstrate their ability to meet the Technical Subfactors listed below.

b. Each subfactor will be evaluated and rated individually, then combined into a single technical rating.

c. All subfactors will be rated with equal importance.

d. A rating of “Unacceptable” in any of the subfactors will be cause for an overall

“Unacceptable” rating of the Technical Factor and will make the proposal ineligible for award.

e. The Technical Factor will receive one of the adjectival ratings defined below.

Technical Acceptable/Unacceptable Rating Rating Description Acceptable Proposal clearly meets the minimum technical requirements Unacceptable Proposal does not clearly meet the minimum technical requirements.

1. TECHNICAL APPROACH:

The Offerors plan shall demonstrate an understanding of the overall PWS requirements.

The Offerors plan shall detail their capabilities and provide an acceptable approach to meeting the requirements of the PWS in accordance with Part 5.

The Offerors approach shall detail adequate operational procedures and explain how these procedures will ensure that Kitchen Police Services will be done on schedule, in accordance with the quality standards in the PWS in accordance with 1.6.8- 1.6.9.

2. STAFFING PLAN:

The Offerors plan shall demonstrate adequate staffing to meet the needs of the entire PWS.

The Offeror shall provide an organization chart that depicts lines of communication and supervision to the lowest level of support, to adequately support the PWS requirements.

The Offeror shall provide an approach to managing the workforce while ensuring quality of services, at each location, at required times.

The Offerors approach shall ensure personnel are fully qualified and trained prior to the start of and during performance of services under this contract.

3. QUALITY CONTROL PLAN:

The offeror shall provide a plan of action to ensure a defined, documented and disciplined set of practices that focus on assuring the services conform to the standards in the entire PWS.

The plan, at a minimum, shall include the following:

o Diagram of the proposed organization for quality control.

o List of qualified control managers(s), safety manager(s) and/or other key personnel that deal with quality control, quality assurance and safety.

o Procedures to cover all services listed in the Performance Work Statement (PWS).

o Procedures to ensure quality is provided during scheduled and unscheduled inspections.

o An inspection system covering all services listed in the PWS.

o The areas of services to be inspected on either a scheduled or unscheduled basis.

o How often inspections will be accomplished and the title of the inspectors.

o The method for identifying and preventing deficiencies and implementing timely corrective actions to ensure an acceptable level of performance.

PAST PERFORMANCE FACTOR:

a. Offerors past performance will be based on an “Acceptable” or “Unacceptable” basis.

Past Performance Acceptable/Unacceptable Rating

Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offerors performance record is unknown. (See note below.)

Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

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

b. The Government will consider offeror's previous and current record of contractual performance. Offerors are have the opportunity to address any adverse past performance. To determine acceptability, the Government will query the Past Performance Information Retrieval System (PPIRS) to obtain finalized past performance information for contracts provided by the offeror. The Government may also use information obtained through customer interviews to ensure the Government has a reasonable expectation that the offeror will successfully perform.

NOTE: Past performance information is finalized only after the Contractor has had an opportunity to review and respond to Government assessment. The Government reserves the right to utilize other finalized past performance available to the Government.

PRICE FACTOR

a. Price will not be scored or rated. The Government will evaluate the reasonableness of the offered prices. Normally, adequate price competition establishes a fair and reasonable price.

Analytical techniques and procedures described in FAR 15.404-1 may be used, singly or in combination with others, to ensure that the final price is fair and reasonable.

b. In the event there is a discrepancy between sections of the Contractor’s price proposal (excel spreadsheet) and SF Form 1449, the SF 1449 pricing will take precedence.

c. Unbalanced, inaccurate or incomplete price proposals may be the grounds for eliminating a proposal from competition. The Government will evaluate proposed price using one or more of the price analysis techniques in accordance with FAR 15.404-1. Additionally, Price Realism will not be conducted.

d. Late submissions may be accepted in accordance with FAR 52.212 1(f)(2)(I); or the

Contracting Officer determines accepting the late offer is in the best interest of the Government; and the late offer is received prior to the start of technical evaluation of received offers.

OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six- month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 7500 Destination Government N/A Government 7501 Destination Government N/A Government 7502 Destination Government N/A Government 7503 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 19-DEC-2015 TO

18-DEC-2016

N/A SFC GRAVES

SFC GRAVES

BLDG 8311

55774 BAUMHOLDER

GERMANY

W90JQ7

1001 POP 19-DEC-2016 TO

18-DEC-2017

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 19-DEC-2017 TO

18-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 19-DEC-2018 TO

18-DEC-2019

N/A (SAME AS PREVIOUS LOCATION)

7500 N/A N/A N/A N/A

7501 N/A N/A N/A N/A

7502 N/A N/A N/A N/A

7503 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

POP 19-JAN-2016 TO

18-JAN-2017

POP 19-JAN-2017 TO

18-JAN-2018

POP 19-JAN-2018 TO

18-JAN-2019

POP 19-JAN-2019 TO

18-JAN-2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7010 Commercial Derivative Military Article--Specialty Metals Compliance Certificate

JUL 2009

252.225-7041 Correspondence in English JUN 1997 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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)

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

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

1. Technical

2. Past Performance

3. Price

The Government will evaluate offers using a lowest price technically acceptable (LPTA) source selection process for this acquisition.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO 52.212-2

A. BASIS FOR AWARD

(1) The Government will award a contract resulting from this Request for Quote/solicitation under FAR Part 12 and 13.5 to the responsible offeror whose quote conforms to the Request for Quote/solicitation and whose quote represents the best value to the Government using a lowest price technically acceptable source selection process. Award will be made on the basis of the lowest evaluated price meeting the technical acceptability standards. Technical acceptability, which includes past performance, will be based on a supplier submitting a quotation that demonstrates the supplier’s ability to comply with all of the requirements listed in the Request for Quote/solicitation’s Statement of Work/Specifications.

(2) Quotes that do not conform to the requirements of the Request for Quote/solicitation may be rejected without further evaluation, deliberation, or discussion. Quotes will be evaluated for technical acceptability based on the technical acceptability standards below:

B. EVALUATION FACTORS FOR AWARD: Factors that will be evaluated are as follows:

Factor 1: Technical Factor

a. Subfactor 1: Technical Approach

b. Subfactor 2: Staffing Plan

c. Subfactor 3: Quality Control Plan Factor 2: Past Performance Factor 3: Price

C. EVALUATION APPROACH

TECHNICAL FACTOR:

a. Offerors shall demonstrate their ability to meet the Technical Subfactors listed below.

b Each subfactor will be evaluated and rated individually, then combined into a single technical rating.

All subfactors will be rated with equal importance.

c. A rating of “Unacceptable” in any of the subfactors will be cause for an overall “Unacceptable” rating of the Technical Factor and will make the proposal ineligible for award.

The Technical Factor will receive one of the adjectival ratings defined below.

Technical Acceptable/Unacceptable Rating Rating Description Acceptable Proposal clearly meets the minimum technical requirements Unacceptable Proposal does not clearly meet the minimum technical requirements.

1. TECHNICAL APPROACH:

The Offerors plan shall demonstrate an understanding of the overall PWS requirements.

The Offerors plan shall detail their capabilities and provide an acceptable approach to meeting the requirements of the PWS in accordance with Part 5.

The Offerors approach shall detail adequate operational procedures and explain how these procedures will ensure that Kitchen Police Services will be done on schedule, in accordance with the quality standards in the PWS in accordance with 1.6.8- 1.6.9.

2. STAFFING PLAN:

The Offerors plan shall demonstrate adequate staffing to meet the needs of the entire PWS.

The Offeror shall provide an organization chart that depicts lines of communication and supervision to the lowest level of support, to adequately support the PWS requirements.

The Offeror shall provide an approach to managing the workforce while ensuring quality of services, at each location, at required times.

The Offerors approach shall ensure personnel are fully qualified and trained prior to the start of and during performance of services under this contract.

3. QUALITY CONTROL PLAN:

The offeror shall provide a plan of action to ensure a defined, documented and disciplined set of practices that focus on assuring the services conform to the standards in the entire PWS.

The plan, at a minimum, shall include the following:

o Diagram of the proposed organization for quality control.

o List of qualified control managers(s), safety manager(s) and/or other key personnel that deal with quality control, quality assurance and safety.

o Procedures to cover all services listed in the Performance Work Statement (PWS).

o Procedures to ensure quality is provided during scheduled and unscheduled inspections.

o An inspection system covering all services listed in the PWS.

o The areas of services to be inspected on either a scheduled or unscheduled basis.

o How often inspections will be accomplished and the title of the inspectors.

o The method for identifying and preventing deficiencies and implementing timely corrective actions to ensure an acceptable level of performance.

PAST PERFORMANCE FACTOR:

a. Offerors past performance will be based on an “Acceptable” or “Unacceptable” basis.

Past Performance Acceptable/Unacceptable Rating

Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offer ors performance record is unknown. (See note below.)

Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

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

b. The Government will consider offeror's previous and current record of contractual performance.

Offerors are have the opportunity to address any adverse past performance. To determine acceptability, the Government will query the Past Performance Information Retrieval System (PPIRS) to obtain finalized past performance information for contracts provided by the offeror. The Government may also use information obtained through customer interviews to ensure the Government has a reasonable expectation that the offeror will successfully perform. NOTE: Past performance information is finalized only after the Contractor has had an opportunity to review and respond to Government assessment. The Government reserves the right to utilize other finalized past performance available to the Government.

PRICE FACTOR

a. Price will not be scored or rated. The Government will evaluate the reasonableness of the offered prices. Normally, adequate price competition establishes a fair and reasonable price. Analytical techniques and procedures described in FAR 15.404-1 may be used, singly or in combination with others, to ensure that the final price is fair and reasonable.

b. In the event there is a discrepancy between sections of the Contractor’s price proposal (excel spreadsheet) and SF Form 1449, the SF 1449 pricing will take precedence.

c. Unbalanced, inaccurate or incomplete price proposals may be the grounds for eliminating a proposal from competition. The Government will evaluate proposed price using one or more of the price analysis techniques in accordance with FAR 15.404-1. Additionally, Price Realism will not be conducted.

d. Late submissions may be accepted in accordance with FAR 52.212 1(f)(2)(i); or

e. The Contracting Officer determines accepting the late quote is in the best interest of the Government;

and

f. The late quote is received prior to the start of technical evaluation of received quotes.

OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six- month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in…

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