W912K6-15-T-0005_Amendment.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

1. REQUISITION NUMBER PAGE 1 OF 48

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

W912K6-15-T-0005 12-Aug-2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANALIZA HARRY

b. TELEPHONE NUMBER

410 942 8475

(No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME

03:00 PM 14 Sep 2015

9. ISSUED BY CODE W912K6 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:

USPFO FOR MARYLAND - W912K6

301 OLD BAY LANE

HAVRE DE GRACE MD 21078-4003

SMALL BUSINESS

HUBZONE SMALL

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

NAICS:

BUSINESS

TEL: 410-942-8476

SERVICE-DISABLED

VETERAN-OWNED

EDWOSB

8(A)

722310

SIZE STANDARD:

FAX: 410-942-8458

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

SMALL BUSINESS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY

CODE

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAY MENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM

19. 20. 21. 22. 23. 24.

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

ADDENDA ARE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND OFFER DATED . Y OUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

(TYPE OR PRINT)

(TYPE OR PRINT) 31c. DATE SIGNED

TEL:

EMAIL:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

W912K6-15-T-0005

Section SF 1449 - CONTINUATION SHEET

AMOUNT

Base Year

FFP

Delivery of food products as requested by authorized unit/activities. Orders will be placed based on the generated Grocery List per the selected Menu. See

Attachment D and E.

Delivery Orders from the IDIQ Award will be issued by the Contracting Officer.

A Delivery Order number will be identified with W912K6-15-D-XXXX-0CXX.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job OPTION Option Year 1

FFP

Delivery of food products as requested by authorized unit/activities. Orders will

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 Job

0003 Job OPTION Option Year 2

FFP

Delivery of food products as requested by authorized unit/activities. Orders will

0004 Job OPTION Option Year 3

FFP

Delivery of food products as requested by authorized unit/activities. Orders will

0005 Job OPTION Option Year 4

FFP

Delivery of food products as requested by authorized unit/activities. Orders will

STATEMENT OF WORK

A. CONTRACT TERMS AND CONDITIONS

A.1 GENERAL PROVISIONS

A.1.1 Contract Line Item Number (CLIN) structure will be in the contract award documents. This is an

Indefinite-Delivery/Indefinite Quantity (IDIQ) contract utilizing Firm Fixed Price (FFP) delivery orders in accordance with Federal Acquisition Regulation (FAR) Part 16.

A.1.2 Only a Contracting Officer (KO) from the issuing contracting office has the authority to modify the terms and conditions of this contract.

A.1.3 orders to be fulfilled under this contract will be ordered by issuance of a Delivery Order by the individual or activities designated in writing by the Contracting Officer.

A.1.4 The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. This is not a Requirements contract.

A.2 2 CONTRACT CEILING AND MINIMUM ORDERS

A.2.1 Contract Award: As a result of this solicitation utilizing the evaluation procedures defined in FAR

12.602, Source Selection, and detailed in Attachment A of this solicitation package, the Government intends to award one Indefinite Delivery/Indefinite Quantity (IDIQ) contract.

A.2.2 The primary NAICS code is as follows:

A.2.2.1 Primary NAICS 722310 – Food Service Contractors: size standard $38.5 million

A.2.2.2 Although not all inclusive, the following categories are frequently used:

722310 – Food Service, Contractors

A.2.3 The resulting single award contract will include a base period, not to exceed one year, and four one-year option periods.

A.2.3.1 Contract Ceiling: The maximum value of the contract will not exceed $3.0 million over the life of the contract (Base Year and all four Option periods). This contract ceiling is the Government’s most optimistic scenario with respect to monetary appropriations, future requirements, and work currently being accomplished.

A.2.3.2 Contract Minimum: The minimum guaranteed value of the contract is one or more Delivery

Orders valued at $3,000.00 for the base year of the contract. In the event a Delivery Order is not issued within the base year of the contract, payment will be made by issuing an order for $3,000.00. The Government guarantees this amount for the base year of the contract; no separate guarantee exists for each option year.

A.3 3 PERIOD OF PERFORMANCE

A.3.1 The Periods of Performance are anticipated as follows:

Base Year: 22 September 2015- 21 September 2016

Option Year 1: 22 September 2016 – 21 September 2017

Option Year 2: 22 September 2017 – 21 September 2018

Option Year 3: 22 September 2018– 21 September 2019

Option Year 4: 22 September 2019 – 21 September 2020

B. STATEMENT OF WORK

B.1 Objective. The objectives of the contract are to support our soldiers better and more cost-effectively by consolidating subsistence requirements through one contractor who will minimize waste by limiting delivered quantities to just-in-time requirements, by eliminating unit involvement in actually purchasing, transporting, or breaking down rations, and by reducing administrative burden to both the Government and the contractor.

B.2 Scope. As described in this contract and as further prescribed by orders issued against this contract, the contractor shall provide and deliver subsistence items and meals as contained in the Food Service Menu

(Attachment E) to the Maryland Army National Guard (MDARNG) throughout Maryland. This contract covers all

MDARNG facilities and MDARNG units training in Maryland. Maryland Army National Guard facilities and units and their locations are described in the attached document titled “Delivery Locations” (Attachment B). Federal agencies in Maryland other than the MDARNG may use this contract with the approval of the Contracting Officer, however the agency’s contracting office must issue a delivery order directly to the vendor. This is described further in Section B.5. Normal monthly deliveries are required at MDARNG armories and training sites in the State of

Maryland. However, deliveries may be required at military training sites in adjacent States; VA, WV, PA, DE.

B.3 Concept of Operation. The contractor shall provide and deliver requested subsistence items and complete meals in accordance with the line item structure herein. Also required are individual condiments necessary to complete the preparation of the meals by government personnel.

B.3.1 MDARNG units typically assemble (drill) once each month on a Saturday and Sunday at their home armory; these training periods are referred to as Inactive Duty Training (IDT). Food products are delivered to the

Armory on Wednesday, Thursday or Friday as directed on the delivery order. The time of delivery will be coordinated between the vendor and the delivery point of contact.

B.3.2 Annual Training (AT) is a 15-day period of training normally conducted during the summer months.

AT rations will be requested and drawn on a 3-2-2 cycle with a 3-cycle being Saturday, Sunday, Monday (delivery will take place on Friday), and the 2-cycles being Tuesday, Wednesday (delivery will take place on Monday) and

Thursday, Friday (delivery on Wednesday).

B.3.3 a result of limited storage space at delivery locations, the contractor shall either split cases or provide smaller unit sizes to meet the requirements of orders and deliver or issue only the required items. For example, if the customer only needs two #10 cans of green beans, a case of four will be split, or a case of a smaller portion size equivalent to two #10 cans will be provided. The contractor may round up to the nearest pound, package, etc. without creating excess.

B.4 Delivered Items. The vendor shall provide and deliver commercially available subsistence (food product) items ). Contractor must be willing to break case lots to fulfill orders as requested.

B.4.1 Attachment D is the Sample Menu utilized to generate food product items required for meals preparation. Attachment E is the Grocery List generated from Attachment D.

B.4.2 Rapid Prep Meals are equivalent to commercially available prepared meals (i.e. TV dinners and other similar products)

B.4.3 Shelf stable meals are commercially available items that do not require refrigeration or heating in the field and have a minimum shelf life of 180 calendar days.

B.4.4 eater Meals Prepackaged Meal are commercially available meals that have heating capability within package (similar to Meals Ready-To-Eat, but commercially available).

B.4.5 Condiments will be provided as requested to complete meal preparation requirements.

B.4.6 Heating/Cooling Beverages

B.4.6.1 Heating beverages are for use during cold weather in instant mix formats to provide a cup of soup. The soup is intended as a supplement, not an entrée. Approved packages are dry/dehydrated soups that yield one (1) gallon per bag by adding water. Coffee and hot chocolate are also included as warming beverages. These items are provided during field training events only, not for classroom type events. A minimum of four soup mixes are required.

B.4.6.2 Cooling beverages include electrolytes or kool-aid type drinks shipped in 2-1/2 gallon powdered mixes. Individual bottles will not be provided and are not authorized under this contract unless part of a meal kit. Again, these are intended for field training events during hot weather only. Cooling beverages include tea, fruit punches and electrolyte beverages in various flavors.

B.4.7 Under no circumstances will bottled water be provided under this contract, either as an individual item or as part of a meal kit.

B.4.8 The MDARNG requires the ability to substitute menu grocery items for koshered items.

B.5 Ordering Process. The contractor shall provide requested items in accordance with orders placed by an authorized ordering officer and/or contracting officer. Normally, one order will be received per unit per month.

However, the government reserves the right to issue more than one order or require more than one delivery to a unit per month. Subsequently, a particular unit may not order rations during a month depending upon its training schedule, etc.

B.5.1 All quantities and delivery dates included in this contract are estimates. These figures do not obligate the Government to meet these quantities or delivery dates. The exact quantities and delivery dates will be included in each delivery order.

B.5.2 Except as otherwise provided in this contract, orders issued against this contract shall be administered by an ordering/contracting officer who will perform all delivery order modifications and administration on behalf of the units. Order administration functions include, but are not limited to: modifications, substitutions, adjustments, and order terminations/cancellations.

B.5.2.1 The Contracting Officer shall provide the contractor with a list of persons authorized to request/order rations against this contract. These personnel shall be the only persons authorized to request pricing/a quote, place an order or in any way obligate the MDARNG.

B.5.2.1.1 The unit Point of Contact (POC) identified in the delivery order, and contracting officer may reduce quantities or cancel a previously placed order in the ordering officer’s absence. However, the request shall be made in writing and a copy of the email or written correspondence shall be provided to the ordering/contracting officer for tracking.

B.5.2.2 An Ordering Officer, Contracting Officer’s Representative (COR), unit POC, or government purchase card (GPC) holder is NOT authorized to request or negotiate changes to the contract, such as menu items, contract items or pricing. Only the contracting officer is authorized to make changes to the terms and conditions of the contract.

B.5.3 The contractor shall provide a simple database access to place orders.

B.5.4 The ordering/contracting officer generates a contract delivery order using a unique order number

(0Cxx). The ordering activities will place orders against the contract delivery order for a specified period of performance. The vendor will be provided a copy of this contract order, as will the customer, the program manager funding the order, the COR and the United States Property and Fiscal Office Resource Management (NGMD-PFO-

RMC) office. The subsequent invoice shall reference the shipment order number and match the line items purchased on the contract delivery order. The vendor shall not deliver orders without a funded, fully executed delivery order in hand. Any exceptions are only authorized by the Contract Officer.

B.5.4.1 For all subsequent correspondence, the vendor shall reference the order numbers (0Cxx).

B.5.5. After delivery, the vendor shall generate an invoice in Wide Area Workflow (WAWF). Payment will be made via electronic funds transfer (EFT) directly into the contractor’s bank account. It is the vendor’s responsibility to ensure their registration in the System For Award Management (SAM) is current to ensure payment is made to the correct bank account.

B.5.6 The unit POC or ordering/contracting officer may have to make quantity changes to orders without penalty within 48 hours prior to the required ship delivery date.

B.5.7 If an order is not cancelled within the specified timeframes, the vendor may submit a valid invoice.

B.6 Delivery: The contractor shall ship all orders on the required delivery date specified in the delivery order. The contractor must provide the unit POC an approximate delivery time prior to the actual delivery.

Deliveries shall be accomplished between the hours of 8:00 a.m. and 4:00 p.m., local time. While subject to change, most deliveries should be scheduled for the Wednesday or Thursday proceeding the scheduled training period (this will enable the contractor to replace items if needed before the scheduled drill date). Fridays would only be affected if a Friday delivery is requested. No deliveries will be made on Federal holidays unless required by the ordering/contracting officer.

B.6.1 Only one shippment per order will be made to the required location. The contractor shall not piecemeal deliveries, i.e. separate shipments for dairy, meats, dry goods, fresh bakery, etc.

B.6.2 The Government reserves the right to reject any attempted delivery of subsistence items which fail to meet the prescribed time limits. In such cases and in cases where the contractor fails to deliver any required subsistence items (except approved substitutions), the Government reserves the right to purchase the items through other channels and to offset the cost of re-procurement against the delivery order.

B.6.3 Each delivery must be accompanied by an original and one copy of the contractor’s itemized delivery document. Both copies will be signed by the unit representative attesting to the acceptance. One signed copy shall be returned to the contractor. Discrepancies will be brought to the attention of the contractor.

B.6.4 Deliveries shall be made in clean, closed vehicles in accordance with TB Med 530 Food Service

Sanitation (2005). When transporting food items, the vehicles shall be maintained in good sanitary condition to prevent contamination of the supplies. Delivery vehicles used to deliver items under this contract shall be subject to inspection for sanitation. The Army plans to transition to the TriService Food Code during the life of this contract.

When implemented, the contractor shall be required to adhere to the new standard without adjustment to the contract.

B.6.4.1 Vehicles are required to be registered and insured. The driver must provide a valid driver's license for admittance to base.

B.6.4.2 If Force Protection Condition escalates, the vendor must comply with all personal identity verification requirements that we may require (background checks, access rosters from the contractor on who is allowed on, etc).

B.6.5 ll items will be delivered free of damage, with all packaging and packing intact. Excess pallets used for delivery shall be removed from the delivery point by the contractor.

B.7 Packaging and Marking. All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial labeling requirements complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight Classification. To assure the receiving office (i.e.

unit) may properly handle and store items, standard commercial precautionary markings such as KEEP FROZEN, KEEP REFRIGERATED, et al., shall be used on the shipping boxes where appropriate.

B.7.1 All food and beverage products must be identified with readable dates, such as “use by” date, date of production, date of processing/pasturing, sell by date, or pick up date. For shelf life items, open dating is preferred but coding is acceptable.

B.8 Inspection and Acceptance. Inspection and acceptance of all items will be performed at the specified delivery point in each order. Inspection and acceptance will be performed by the Contracting Officer’s

Representative (COR) or the unit’s authorized Government representative. The government representative is responsible for accepting and/or rejecting items immediately upon delivery. Nonetheless, failure to do so does not relieve the contractor of the responsibility nor impose liability on the Government for nonconforming supplies.

Acceptance by the Government occurs when the authorized government personnel signs and dates two (2) copies of the contractor’s itemized delivery document.

B.8.1 In the event an item is rejected, the COR or the government representative will annotate the itemized delivery document, identifying the rejected item(s). Unless otherwise directed, any rejected item shall be replaced by the contractor within twelve (12) hours at no additional cost to the Government. At the government’s discretion, the government may cancel the item for a credit or accept another item in lieu of as a replacement. In this latter case, the substitution shall be at no additional cost to the Government. The contractor shall charge the Government for only those items accepted by the authorized representative at the time of delivery.

B.8.2 Short shipments shall be noted by the authorized government representative on the itemized delivery document accompanying the delivery. The discrepancy will be corrected by the contractor within twelve (12) hours at no additional cost to the Government. Any item delivered in error will not be accepted by the authorized government representative.

B.8.3 In addition to any other provision of this contract, the contractor shall accept returns for replacement under the following conditions, if the ordering office still requires the product(s):

a. Products shipped in error;

b. Products were damaged in shipment;

c. Products with concealed damage;

d. Products that are recalled;

e. Products which do not meet the shelf life requirements;

f. Products not meeting the minimum quality requirements as defined;

g. Products delivered in unsanitary delivery vehicles; and/or

h. Products delivered that exceed the minimum/maximum specified temperature.

B.8.4 All substitutions must be approved by the Subject Matter Expert (SME) prior to the shipment. The contractor shall submit a monthly report, by unit, to the COR listing the “out” items, the substituted items, and reason for substitutions. The report must be submitted by the 7th of the month.

B.8.5 The COR may periodically conduct product quality audits at the customer/vendor level for the purpose of verifying whether an item’s product quality and characteristics meet or exceed the contractually specified criteria. Discrepancies will be identified to the vendor for immediate correction.

B.8.5.1 The government reserves the right to inspect vendor distributor warehouses/delivery points to ensure inspections, safety and sanitary conditions etc are in compliance with regulations listed elsewhere in this statement of work. Such site visits will be coordinated through the contractor.

B.9 Compliance with Laws and Regulations. All items delivered by the contractor shall comply with all pertinent Federal, state, and local health and sanitation laws, regulations, and standards, including those of the

United States Department of Agriculture (USDA) and the Maryland Department of Sanitation. Items shall be subject to the sanitary approval for Armed Forces procurement. Applicable food products ordered shall originate in an establishment listed in the Directory of Sanitary Approved Food Establishments for Armed Forces Procurement, HSC Circular 40-1. The U.S. Army Veterinary Service may conduct periodic inspections. Reports of these inspections shall be provided to the COR and Contracting Officer.

B.9.1 The vendor shall establish and maintain a sanitary program which complies with CFR (Code of

Federal Regulations) Title 21, Part 110, and ensures sanitation and warehousing practices for food are monitored and evaluated with accepted industry standards. These standards shall include, but are not limited to CFR Title 21, Part 110, and the Rodenticide Act, as amended and all pertinent state and local laws, regulations, and ordinances.

B.9.2 A stored products pest management program shall be established and maintained that assures pest management practices for food and other co-located non-food items are monitored and evaluated in accordance with accepted industry standards.

B.9.3 A supplier selection or certification program shall be established and maintained to assure standardized product quality for each item in the inventory listing regardless of supplier. The product quality shall be equal to or better than that described in the pertinent item specification (either Government or contractor).

Product characteristics shall be standardized to the extent variations in flavor, color, and texture will be minimal.

ensures:

B.9.4 The contractor shall maintain a quality program for acquiring, warehousing, and distributing which o Usage of first in/ first out principles o No salvaged items or products are used o Products shall be National Brand Names, substitutions of private labels are acceptable where such substitutions meet or exceed National Brand standards o All meat will be of USDA Choice grade or higher; all other items will meet USDA Grade A standards; at no time will lesser quality items be provided o All products shall have at least 75% of shelf life remaining at the time of delivery o Supplies shall be processed and packaged from the latest pack available or the latest seasonal pack during the contract period o Dairy products shall have sufficient shelf life remaining commensurate with good commercial practice, and at a minimum:

1. Milk products shall be delivered with 96 hours remaining prior to consumption date

2. Sour cream shall be delivered within 7 calendar days after pasteurization

3. Butter shall be delivered within 30 calendar days after pasteurization

4. Cheeses shall possess at least 75% of shelf life

5. Chilled fresh meats shall be delivered within 14 calendar days from the date of pack and fresh or frozen ground meats and poultry shall satisfy the USDA guidelines for microbial load

6. All eggs shall be pasteurized o Fresh fruits and vegetables shall be free from decay, well colored and possess characteristics normally associated with US Number 1 or better o All items are free of damage o Correct items and quantities are selected and delivered o Product discrepancies and complaints are resolved and corrective actions initiated o Supplier or government initiated food recalls are promptly reported to the contracting officer or

COR

o Compliance with EPA and OSHA requirements o All food items shall be in compliance with the DFARS 252.225-7012 Preference for Certain

Domestic Commodities

B.10 Customer Service/Support. The contractor shall provide points of contact for customer assistance, primarily to respond to product quality complaints, customer dissatisfaction, shipping discrepancies and damage issues. Points of contact must be available between the hours of 6:00 am to 8:00 pm, 7 days per week. Service support must be provided promptly.

B.10.1 Attendance at the Menu Board meetings shall be at no cost to the government and is considered part of the performance of this contract.

B.10.2 vendor representative shall attend the MDARNG annual state menu board meeting. Attendance by the vendor at the board meeting shall be via teleconference. The intent is merely to review customer comments/complaints/suggestions for changes, business practices etc. Any necessary changes identified during this meeting will be presented to the Contracting Officer by the COR. The Contracting Officer will request a proposal for the requested changes from the contractor. Changes will be incorporated into the contract via a formal modification. No changes shall go into effect as a result of discussion otherwise.

B.10.3 Vendors shall not have more than 2 customer services failures per month. Multiple failures of any of the items listed below or a combination of items is unacceptable. Failure is noncompliance with the following actions. (see Attachment C for ratings) o Eggs delivered that are unpasteurized o Non-delivery o Delivery is 30% or more non-compliant with FDA standards

C. CONTRACT ADMINISTRATION

C.1 Contract Administration. In no event will any understanding or agreement, contract modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the

Government unless formalized by a properly executed contractual document signed by the Contracting Officer.

C.1.1. The Contractor shall provide the following documentation to the Contracting Officer:

A. A copy of any invoice involved in a claim for credit which is challenged by the contractor.

B. A copy of any correspondence received from any of the Government representatives involved with this contract and which is related to, or might be related to, a contractual matter.

C.2 Submission of Invoices and Payment. Payment will be made using Wide Area Workflow-Receipt and

Acceptance (WAWF-RA) in accordance with DFARS 252.232-7003, Electronic Submission of Payment Requests.

Information regarding WAWF-RA is available on the internet at https://wawf.eb.mil. Payment will be made in accordance with the Prompt Payment Act after receipt of a valid invoice and receipt and acceptance of goods. Each invoice must contain the full contract number, order and document numbers and the Contract Line Item Number

(CLIN) associated with the services invoiced.

C.3 Contractor’s Contract Administration. The Contractor’s contract administration shall be performed by the individual named below at the address indicated. Notification of any change in the designated individual shall be provided to the Contracting Officer within five (5) calendar days prior to the effective date of the change.

(Name)

(Title)

(Street Address 1)

(Street Address 2)

(City/State/Zip)

(Phone/Fax/E-Mail)

C.4 Standard of Conduct at Government Installations. The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action as may be necessary with respect to his employees.

C.5 Safety and Accident Prevention. In performing work under this contract on a Government installation, the contractor shall develop a safety plan which, at a minimum, ensures the contractor:

C.5.1. Conforms to the specific safety regulations established by this contract.

C.5.2 Complies with the safety regulations of the Government installation that concern related activities not directly addressed in this contract.

C.5.3 Takes all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of this contract.

C.5.4 Takes such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

C.5.4.1 The Contracting Officer by written order, may direct additional safety and accident standards as may be required in the performance of this contract. Any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

C.5.4.2 Any violation of these safety requirements, unless promptly corrected as directed by the

Contracting Officer, shall be grounds for termination of this contract in accordance with the Default clause of this

C.5.5 The contractor, his employees, and subcontractors shall become familiar with and obey the regulations regarding fire, traffic, safety and security regulations while on the Government facility. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper identification with them at all times.

C.5.6 The contractor shall be responsible for compliance with all regulations and orders of the Federal property; respecting identification of employees, movements on Government facility, parking, truck entry, and all other Government facility regulations, which may affect the work.

C.6 Contractor Personnel. The contractor shall be responsible for selecting personnel who are well qualified to perform the required services for supervision of techniques used in their work, and for keeping his/her employees informed of all improvements or changes in the methods of operations.

C.6.1 The Contracting Officer may direct the Contractor to remove, and the Contractor shall remove, any

Contractor employee who is identified as a potential threat to the health, safety, security, general well being, or operational mission of the Maryland Army National Guard.

C.6.2 Where the reason for the removal request is due solely to breach of security on the part of the employee, replacement shall be at the expense of the Contractor and not chargeable to the Government.

C.6.3 ll Contractor employees must conform to local and other applicable regulations. The Contractor shall take appropriate personnel action as required in the event employees become involved with civilian or military authorities as a result of misconduct.

C.6.4 The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest; nor shall the Contractor employ any person who is a member of the Department of Defense, either civilian or military, unless such person seeks and receives any/all approvals required by military and/or civilian personnel regulations.

C.7 Key Personnel. The Contractor shall ensure uninterruptible services and a smooth transition whenever key personnel replacements and backup personnel assistance are necessary to support this contract. The Contractor shall notify the Contracting Officer prior to making any changes to key personnel. Key personnel are defined as follows:

A. Personnel identified in the Contingency Plan as key individuals to be assigned for participation in the performance of the contract.

B. Personnel whose resumes were submitted with the Contingency Plan.

C.7.1 The Contractor must demonstrate the qualifications of personnel are equal to or better than qualifications of the personnel being replaced.

C.7.2 If the Contracting Officer determines that (1) suitable and timely replacement of the key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming: or (2) the resultant reduction of effort would be so substantial as to impair the successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the

Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

C.8 Liability. The contractor hereby agrees to release the Government (to include its officers, enlisted personnel, agents and employees) from any liability for any loss, damage or injury sustained by the contractor or his employees during the performance of this contract. The contractor also agrees to indemnify the Government for any loss, damage or injury to Government personnel, agents or other third parties, provided such loss to the Government is caused by the negligence and/or intentional misconduct of the contractor or his employees while performing this

C.9 Insurance Schedule – Insurance Work on a Government Installation. The Contractor shall procure and maintain the following minimum insurance coverage during the period of performance of this contract in accordance with FAR 52.228-5, Insurance – Work on a Government Facility:

TYPE OF INSURANCE: MINIMUM AMOUNT:

(1) Workman’s Compensation and $100,000

All occupational disease.

(2) Employers Liability including $100,000 per accident

All occupational disease when not so covered In Workman’s Compensation Above.

(3) General Liability (Comp) $500,000

Bodily Injury per occurrence.

(4) Automobile Liability (Comp)

Bodily Injury per person $200,000

Bodily Injury per occurrence $500,000

Property Damage per accident $ 20,000

C.9.1 Prior to contract commencement, the Contractor shall furnish to the KO a certificate or written statement certifying compliance with the above required insurance coverage. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective for such a period as the laws of the State in which this contract is to be performed prescribe, or until 30 days after the insurer or the Contractor gives written notice to the KO, whichever period is longer.

C.9.2 The Contractor agrees to insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government facility.

C.10 Holidays. The following federal holidays are observed by the Government and are normally closed for business:

New Years Day 1 January

Martin Luther King Jr. Day 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May Independence Day 4 July

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas 25 December

C.10.1 It should be noted the MDARNG normally does not conduct business on Mondays except during

Annual Training (AT). The COR and Contracting Officer normally will not be available for contact during business hours on Mondays or Fridays prior to holidays.

C.10.2 When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U. S. Government agencies.

C.11 Additional Work by Contractor. Any additional goods or change to work specified which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed

KO; except as may be explicitly authorized in the contract, will be done at the financial risk of the Contractor. Only the Contracting Officer is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract.

C.12 Price Adjustments. Price adjustments will be considered as follows:

C.12.1 The contractor may submit price decreases anytime during the contract period in which the decreases occur, including sale prices, “specials” etc passed on by a supplier.

C.12.2 Option year pricing will be adjusted according to the Consumer Price Index published on 31

December of the previous year “Area: Washington-Baltimore, DC-MD-VA-WV, Item: Food, Not Seasonally

Adjusted”. Pricing on issued Delivery Orders shall not be adjusted until renewal or exercise of an option through a formal contract modification has been accomplished.

C.13 Changes to Units, Menus. The Government reserves the right to add, delete, or change units or delivery locations and to add, delete, or change menus and subsistence items. In this regard, the Maryland Army National

Guard Installation Menu Board will meet periodically and determine whether menus are adequate and quantities are sufficient to meet the subsistence needs of troops. This could result in changes to menus, replacement of menus, addition and/or deletion of subsistence items, and changes in quantities of subsistence items. These changes will be made by modification to the contract. Price adjustments, if any, are subject to the Changes clause of the contract.

Any additions or deletions may only be authorized by the Contracting Officer.

C.13.1 Units within the MDARNG are subject to Federal mobilization or State emergency duty, therefore sudden changes in the number of unit delivery sites or delivery requirements may occur. Major changes in unit strength, unit locations or additions/deletions of units shall be furnished to the vendor in a timely manner.

C.14 Performance Evaluation Meetings. The Contract Manager may be required to meet with the KO and/or

COR during the performance of the contract either in person or telephonically. Attendance at these meetings shall be at no additional cost to the Government. Written minutes of these meetings shall be recorded in the contract via a modification and signed by the KO. If the contractor does not concur with any portion of the minutes, this non-concurrence shall be provided in writing to the KO within 10 calendar days following receipt of minutes. The contractor's non-concurrence shall be attached to the official minutes.

C.14.1 Evaluation of Contractor Performance. Reference FAR Clause 52.246-2, Inspection of Supplies—

Fixed-Price, as applicable to the contract.

C.14.2 The contractor’s performance will be evaluated at least monthly. For those tasks listed in the

Quality Assurance Surveillance Plan (QASP), the COR shall follow the methods of surveillance specified.

Government personnel will record all surveillance observations. When an observation indicates other than a

“GREEN” rating, the Contract Manager or representative shall initial the observation. The initialing of the observation does not constitute concurrence with the observation; only acknowledgement the contractor has been made aware of the defective performance.

C.14.3 An annual Contractor Performance Assessment Reporting System (CPARS) evaluation of the basic contract will be prepared by the Contracting Officer at the exercise of each option in accordance with FAR 42.15

Contractor Performance Information.

C.15 Quality Control. The contractor shall develop, implement and maintain a comprehensive Quality Control

Program (QCP) that assures compliance with all requirements of this contract. The QCP shall ensure the

Government receives the level of quality that is consistent with the requirements specified in this contract.

C.16 Exercise of Options. If a need for the services beyond the Base Contract Period is realized, the

Government may elect to extend the term of the contract by exercising its unilateral right to do so. When exercising such right pursuant to clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000), the Government will exercise the option as identified.

C.17 Phase-Out of Contract and Continuity of Services. The Contractor must recognize services under this contract must continue without interruption and, that upon contract expiration, a successor (either the Government or another Contractor) may continue services. The Contractor agrees to exercise its best effort and cooperate effectively in an orderly and efficient transition to any successor Contractor.

C.17.1 If a successor contract is awarded prior to the final expiration date of this contract, the Government may issue Delivery Orders to the successor Contractor prior to this contract’s expiration date. The Contractor shall provide coordination of phase-in and phase-out services at no additional cost to the Government, as long as there is an active Delivery Order.

C.18 Post-award/Pre-performance Conference. The Contractor agrees to attend any post-award conference convened by the Contracting Officer in accordance with Federal Acquisition Regulation subpart 42.5. The contractor shall ensure key personnel are present.

C.19 Required Plans After Award. The contractor shall provide the following plans to the Contracting Officer for review and acceptance within 30 days of contract award, at the latest, at the post-award conference.

C.19.1 Quality Control Plan – In accordance with C.18, within 15 calendar days of contract award and no later than the pre-performance conference, the contractor shall provide the Contracting Officer with a finalized

Quality Control Plan showing assignment of personnel, his/her functions and authorities. The plan shall include personnel resumes or any documents showing qualifications for positions by education, training and experience of all personnel presently employed or to be employed. The offeror’s quality control manager/supervisory personnel associated with this contract shall be identified.

C.19.2 Safety Plan – In accordance with C.6, within 15 calendar days after contract award, the contractor shall provide a Safety Plan in accordance with OSHA guidelines. The Safety Plan shall provide an outline of actions to be taken to control and prevent mishaps to government personnel and property.

ATTACHMENT A: PROPOSAL INSTRUCTION/ SOURCE SELECTION PLAN

D.1 MANDATORY PRE-PROPOSAL MEETING. The pre-proposal meeting will be held 10:00 a.m. ET

Wednesday, 19 August 2015 at the USPFO for Maryland, 301 Old Bay Lane, Havre de Grace, MD 21078. Email ng.md.mdarng.list.uspfo-arpc@mail.mil if you plan to attend. Questions are to be addressed in writing using the

Request for Information form.

D.2 Questions during the proposal phase are to be submitted in writing on the attached Request for Information

(RFI) form and submitted on or before 5:00 p.m. ET Monday, 24 August 2015. Forms may be emailed to ng.md.mdarng.list.uspfo-arpc@mail.mil . The government will provide a written response on the same form and relevant questions will be incorporated into the solicitation package via an amendment.

D.3 Proposal Submittal. Contractors shall submit a firm fixed price proposal as set forth below. All information shall be confined to the appropriate section to facilitate independent evaluation. Proposals submitted failing to include the minimum information requested or not complying with the format specified may be eliminated from further consideration for award. Contractors are solely responsible for ensuring submission of proposals which meet all requirements of this solicitation.

D.3.1 Each offeror shall submit a proposal no later than 3:00 p.m. ET on Monday, 14 September 2015 by electronic submission via e-mail. Mail or personal delivery will include CD copy, and shall be made to the

Maryland Army National Guard, USPFO, Attn: Purchasing and Contracting Division, 30l Old Bay Lane, Havre de

Grace, MD 21078. If proposals are submitted by mail, Contractors are encouraged to e-mail tracking information to ng.md.mdarng.list.uspfo-arpc@mail.mil.

D.3.2 The Government does not expect to engage in discussions or negotiations in association with this solicitation.

PROPOSAL SUBMISSION

1. INTRODUCTION

The offeror’s proposal shall be submitted in hard copy, with accompanying digital copies as set forth below. The RFP shall provide the Government address and receipt date for proposal submittal.

The offeror’s proposal shall consist of three (3) volumes. The Volumes are I – Technical, II – Past

Performance, III – Cost/ Price. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

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.

2. PROPOSAL SUBMISSION REQUIREMENTS

a. Each volume shall be submitted a separate electronic file. Any pages that are changed (as a result of negotiations or proposal revisions) should be of a different color and have changed information clearly marked by a vertical line in the right margin of the page. The revised pages shall be dated. Each file shall be clearly labeled with its Title and a copy number (e.g., copy 1 of 5).

b. Printing should be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

mailto:ng.md.mdarng.list.uspfo-arpc@mail.mil mailto:ng.md.mdarng.list.uspfo-arpc@mail.mil

c. The following volumes of material shall be submitted:

VOLUME TITLE

ELECTRONIC

COPIES

MAXIMUM

PAGES

I – Technical 1 50*

II – Past Performance 1 10

III – Cost/ Price 1 N/A

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

3. PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1”

Gutter – 0”

From Edge – Header, Footer 0.5”

Page Size, Width – 8.5”

Page Size, Height – 11”

The following additional restrictions apply:

b. File Packaging. To aide in the cost/price evaluation, all price breakdown information shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2007. Each disc shall be externally labeled with the volume number, date, and the offeror’s name. **Please note – Self extracting exe files are not acceptable. ** If the hard-copy proposal differs from the electronic version, the hard copy will govern.

c. Content Requirement. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary

Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

COVER LETTER. The cover letter submitting the offeror’s proposal shall be signed by an officer of the offeror’s company authorized to commit the company; shall indicate the proposal is valid for 120 calendar days;

shall identify by name, title, phone number and email any person authorized to negotiate on the offeror’s behalf and should express the extent to the offeror’s commitment to achieve the objectives of the solicitation and comply with the terms and conditions…