SOLICITATION NOTICE
76 -- Direct Thermal Print Labels for Defense Commissary Agency (DeCA) Commissaries - HDEC05-14-T-0026
- Notice Date
- 7/1/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 322220
— Paper Bag and Coated and Treated Paper Manufacturing
- Contracting Office
- Other Defense Agencies, Defense Commissary Agency, Contracting Business Unit Support Services/Supply and Revenue Branch (HDEC05), 1300 E Avenue, Building P-11200, Fort Lee, Virginia, 23801-1800, United States
- ZIP Code
- 23801-1800
- Solicitation Number
- HDEC05-14-T-0026
- Archive Date
- 7/31/2015
- Point of Contact
- Jason Reedy, Phone: 804-734-8000 x49815, Jill A. Craft, Phone: 804-734-8000 x86294
- E-Mail Address
-
jason.reedy@deca.mil, jill.craft@deca.mil
(jason.reedy@deca.mil, jill.craft@deca.mil)
- Small Business Set-Aside
- N/A
- Description
- Attachment C - HDEC05-14-T-0026 - Commissary Locations Attachment B - HDEC05-14-T-0026 - Past Performance Survey Attachment A - HDEC05-14-T-0026 - Quote Sheet Combined Synopsis RFQ HDEC05-14-T-0026 for Direct Thermal Print Labels Combined Synopsis/Solicitation Notice Direct Thermal Print Labels for Defense Commissary Agency (DeCA) Commissaries. Solicitation Number: HDEC05-14-T-0026 Response Date: Thursday, July 31, 2014, 4:00 p.m. EDST POC: Jason M. Reedy, Contract Specialist Email: jason.reedy@deca.mil Phone: 804-734-8000, x49815 Fax: 804-734-8009 (pause)(pause) 79815 Place of Performance: Defense Commissary, Headquarters, 1300 E Avenue, Fort Lee, VA 23801-1800 Set Aside: 100% Small Business Classification Code: 76 PSC: 7690, Miscellaneous Printed Matter NAICS Code: 322220, Paper Bag and Coated and Treated Paper Manufacturing Size Standard: 500 Employees i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. ii. The solicitation number for this procurement is HDEC05-14-T-0026 and is issued as a Request for Quote (RFQ). iii. This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-72, DFARS Change Notice 20140421, and Defense Commissary Agency Acquisition Regulations (DeCAARS) 2005 Edition. iv. This solicitation is set-aside 100% for small business. For information purposes, the Federal Supply Classification is 7690, the North American Industry Classification systems (NAICS) code is 322220, which has a small business size standard of 500 employees. v. Contract Line Item Numbers (CLINS) (See Attachment A for estimated quantities of each type of label): CLIN 0001 LABELS, DIRECT THERMAL PRINT DIRECT THERMAL PRINT LABELS FOR USE IN HOBART, METTLER TOLEDO, AND DIGI SCALES FOR USE IN VARIOUS COMMISSARIES IN CONUS, ALASKA, HAWAII, PUERTO RICO, AND THE PACIFIC THEATER LINE ITEM DESCRIPTIONS, UNIT PRICES AND ESTIMATED QUANTITIES ARE ON SPREADSHEETS AT ATTACHMENT A. BASE YEAR: SEPTEMBER 1, 2014 THROUGH AUGUST 31, 2015 CLIN 1001 LABELS, DIRECT THERMAL PRINT DIRECT THERMAL PRINT LABELS FOR USE IN HOBART, METTLER TOLEDO, AND DIGI SCALES FOR USE IN VARIOUS COMMISSARIES IN CONUS, ALASKA, HAWAII, PUERTO RICO, AND THE PACIFIC THEATER LINE ITEM DESCRIPTIONS, UNIT PRICES AND ESTIMATED QUANTITIES ARE ON SPREADSHEETS AT ATTACHMENT A. OPTION YEAR 1: SEPTEMBER 1, 2015 THROUGH AUGUST 31, 2016 CLIN 2001 LABELS, DIRECT THERMAL PRINT DIRECT THERMAL PRINT LABELS FOR USE IN HOBART, METTLER TOLEDO, AND DIGI SCALES FOR USE IN VARIOUS COMMISSARIES IN CONUS, ALASKA, HAWAII, PUERTO RICO, AND THE PACIFIC THEATER LINE ITEM DESCRIPTIONS, UNIT PRICES AND ESTIMATED QUANTITIES ARE ON SPREADSHEETS AT ATTACHMENT A. OPTION YEAR 2: SEPTEMBER 1, 2016 THROUGH AUGUST 31, 2017 CLIN 3001 LABELS, DIRECT THERMAL PRINT DIRECT THERMAL PRINT LABELS FOR USE IN HOBART, METTLER TOLEDO, AND DIGI SCALES FOR USE IN VARIOUS COMMISSARIES IN CONUS, ALASKA, HAWAII, PUERTO RICO, AND THE PACIFIC THEATER LINE ITEM DESCRIPTIONS, UNIT PRICES AND ESTIMATED QUANTITIES ARE ON SPREADSHEETS AT ATTACHMENT A. OPTION YEAR 3: SEPTEMBER 1, 2017 THROUGH AUGUST 31, 2018 CLIN 4001 LABELS, DIRECT THERMAL PRINT DIRECT THERMAL PRINT LABELS FOR USE IN HOBART, METTLER TOLEDO, AND DIGI SCALES FOR USE IN VARIOUS COMMISSARIES IN CONUS, ALASKA, HAWAII, PUERTO RICO, AND THE PACIFIC THEATER LINE ITEM DESCRIPTIONS, UNIT PRICES AND ESTIMATED QUANTITIES ARE ON SPREADSHEETS AT ATTACHMENT A. OPTION YEAR 4: SEPTEMBER 1, 2018 THROUGH AUGUST 31, 2019 vi. Description of Requirements: The Defense Commissary Agency requests offerors to supply various direct thermal print labels as outlined in Attachment A at various Defense Commissary Agency commissaries in CONUS, Alaska, Hawaii, Puerto Rico, and the Pacific Theater. vii. The period of performance is one (1) base year period (September 1, 2014 through August 31, 2015) with the possibility of four (4) additional one-year option periods. Shipment will be FOB destination. Delivery shall be store direct to various locations throughout the continental United States, Alaska, Hawaii, Puerto Rico and to a separate CONUS location for shipments to Pacific Theater locations. viii. Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items applies to this acquisition along with the following Addendum: Addendum to FAR 52.212-1 Instruction to Offerors - Commercial Items The following paragraphs are altered as follows: a. North American Industry Classification System (NAICS) Code: 322220 b. Submission of Quotes: Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, on this form, or as otherwise specified in the solicitation. As a minimum, quotes must show -- (1) The solicitation number: HDEC05-14-T-0026; (2) The time specified in the solicitation for receipt of quotes: Thursday, July 31, 2014, 4:00 p.m. EDST; (3) The following company information: Company Name: Address: Point of Contact: Phone Number: Email Address: Cage Code: DUNS Number: (4) Terms of any express warranty: ; (5) Price: Provide label prices for the ordering periods for each label type and size specified on the attached Quote Sheet (Attachment A). The cost of shipping to all locations shall be included in the quoted price. No separate shipping charges will be allowable. Please note that quotes for all labels must be provided to be considered for award. (6) "Remit to" address, if different than mailing address: (7) Offeror Representations and Certifications for both FAR and DFARS must be completed and submitted to the System for Acquisition Management (SAM). Representations and Certifications must show the offeror as a Small Business under NAICS 322220; (8) Signed acknowledgment of Solicitation Amendments, if applicable (submit each amendment separately); (9) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. Accepted/Agreed: Date: Signature The following requirements for quote submissions are added: (10) Quotes must be submitted in electronic format by an authorized representative of the Offeror. Hand written portions and those including signatures and completion of certain clauses and provisions shall be scanned into pdf format and emailed to jason.reedy@deca.mil. Attachment A shall be submitted electronically in the original excel format. The following should be in the subject line for the email submittal: "Quote from (company name) in response to RFQ HDEC05-14-T-0026" (11) Past Performance Survey reference information, to include the names, companies, and contact information (phone and email address) of at least three individuals that will be asked to complete Past Performance Surveys. References should represent previous work of similar scope to the requirements in this solicitation that is either currently being performed or has been performed within the last three years. Reference #1: Company Name: Address: Point of Contact: Phone Number: Email Address: Reference #2: Company Name: Address: Point of Contact: Phone Number: Email Address: Reference #3: Company Name: Address: Point of Contact: Phone Number: Email Address: NOTE: The Government will contact the references; therefore, they should be able to provide information concerning timeliness of deliveries, quality of products delivered, compliance with specifications and contract terms, customer satisfaction, as well as response level on taking corrective action when a delivery problem or non-conformance problems occur. (12) Interested firms shall submit a written explanation (maximum of 3 pages using a 12 point font with 1" standard margins) describing how the firm will fulfill the following contract requirements: a. Capability to manufacture all labels to specifications. b. Capacity to manufacture the estimated quantities of labels. c. Ability to deliver labels as required by the solicitation. d. Ability to provide an internet-based ordering interface, and how security issues will be addressed. (e.g. PCI compliance) (13) All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing to Jason M. Reedy, Contract Specialist at jason.reedy@deca.mil no later than Monday, July 10, 2014 at 12:00 noon EDST. A consolidated list of questions and answers, if applicable, will be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers. (14) Completed clauses and provisions (see full text clauses and provisions below). c. Product Samples: Offerors may be required to provide samples of items via overnight shipment at no cost to the government prior to award. ix) Provision at 52.212-4501 (FAR 52.212-2) EVALUATION--COMMERCIAL ITEMS (JAN 1999) Addendum to 52.212-4501 (Evaluation-Commercial Items) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered, using Lowest Price Technically Acceptable methodology. The following factors shall be used to evaluate quotes: Factor 1 - Price Factor 2 - Technical Acceptability Sub-factor 1 - Technical Sub-factor 2 - Past Performance Evaluation factors other than price, when combined, are approximately equal to price. Technical Acceptability will be determined by receiving an "Acceptable" rating for both sub-factors. Sub-Factor 1 - Technical: The technical sub-factor assesses whether the offeror's quote will satisfy the Government's minimum requirements. The technical sub-factor will be evaluated and rated as either "Acceptable" or "Unacceptable". Sub-Factor 2 - Past Performance: The past performance assessment is based on two aspects: The offeror's record of Relevant and Recent past performance information in relation to the specific requirement being procured. How well the contractor performed on past contracts. In evaluating past performance, the Government will use the Past Performance Contact Information provided to contact individuals and to ask them to complete the Past Performance Questionnaire (Attachment B). The government may use other sources of information, including, but not limited to federal, state and local government agencies, Better Business Bureaus, published media, electronic databases and contractor's performance on DeCA contracts. The evaluation of past performance will consider relevant facts and circumstances. The Government will evaluate past performance as an indicator of future performance. The Past Performance sub-factor will be evaluated and rated as either "Acceptable" or "Unacceptable." The determination is a matter of judgment. If any response is not applicable, that question will not be used as a part of the evaluation and will be marked as "N/A". If neither the business nor any key personnel have a record of relevant past performance, the Government will rate past performance neither favorably nor unfavorably. (b) Options and Price Evaluation. The Government will evaluate quote 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). The Contracting Officer will use price analysis to determine price fair and reasonable. Offerors MUST provide a unit (case) price for each label type listed in Attachment A for each year. Incomplete quotes may be determined as ineligible for award. Variations in label size, labels per roll, or rolls per case or any other specification will not be accepted for evaluation. (c) A written notice of award or acceptance of an quote mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract after signature by both parties, or signature by the government and performance by the contract awardee. x) Both FAR and DFARS Representations and Certifications must be completed and submitted to the System for Acquisition Management (SAM). xi) FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items apply to this acquisition along with the following Addendum: Addendum to 52.212-4 (Contract Terms and Conditions - Commercials): The following paragraphs are altered or added: (c) Changes: The government may issue unilateral written modifications that do not affect the substantive rights of the parties. (i) Payment: All payments will be made by Government Purchase Card (GPC) (Credit Card). Authorized ordering officers are defined as DeCA employees that are GPC holders located at the Commissary stores or CDCs. (u) Availability: All labels, as described in Attachment A, shall be available for order at any time throughout the period of this contract. Design changes, as well as additions, or deletions of any label shall not be made without the written consent of the Contracting Officer through a bilateral contract modification. (v) Internet-based electronic ordering: The contractor is required to have an internet-based electronic ordering process/system in place within 30 days of notification of award. As a minimum, the proposed web based system must offer the following: 1. The contractor's internet-based ordering system will list each item by DeCA item number, and include a brief description, thumbnail image, unit of issue, and unit price. 2. The contractor shall provide authorized ordering officers with a password or Personal Identification Number (PIN) at time of registration for the ordering web-site. The Contractor shall have office procedures as well as up to date web-based security software that is Payment Card Industry compliant, in order to keep GPC safeguarded and secure. Offerors must provide a statement from their servicing bank verifying this standard is being met prior to implementation of the internet-based system. This verification letter must have been dated within the last calendar year. 3. Orders will be placed electronically, in accordance with the line items identified on the contract, by authorized individuals. The contract awardee will assign each order a unique purchase request number. Order history shall be accessible by authorized users for a minimum period of 90 days after placement of order. 4. The contractor shall have the ability to accept or reject orders based on invalid credit card information, or failure to meet minimum order amount as stated in 52.216-19, ORDERING LIMITATIONS. 5. Within one business day of order placement, the contractor shall provide ordering/store personnel an electronic confirmation/acknowledgement for each order. Notification shall include at a minimum, the following information: date of order, purchase request number, line items and quantities, total amount of order, and estimated shipping date. 6. Backordered items shall be acknowledged as is in line 5 above. Information shall include the original date of order, line items and quantities backordered, and time frame of expected delivery. 7. Once the entire order has been shipped, the contractor is authorized to charge the credit card for the appropriate amount. The purchase request number for the appropriate order must be entered so that it will appear in the secondary data field, this ensures that the charge can be easily identified on the Government's credit card statement and can be matched to the applicable order. (w) Delivery to the requiring commissary shall be within 14 days after electronic confirmation of each internet-based order. Upon receipt of the item(s) at the store a physical inspection will be performed. Items found not in compliance with the terms and conditions of the contract will not be accepted. Rejected items will be replaced at no additional charge within 7 days. Non-conforming products discovered after acceptance must be replaced within 14 days of notification. At the time of notice of non-conformance, the contractor may request that items be returned at the contractor's expense. Delivery to Pacific Theater locations shall be to the Point of Embarkation (Coastal Pacific) within 14 days after electronic confirmation of each internet-based order. Orders shall be address as shown in paragraph x of this section. Delivery to Fort Buchanan (Puerto Rico) shall be to the Point of Embarkation (MDV Nash Finch) within 14 days after electronic confirmation of each internet-based order. Orders shall be address as shown in paragraph y of this section. (x) Shipping to Pacific Theater Locations shall be completed as follows: SHIPMENTS TO THE PACIFIC THEATER SHALL BE MADE THROUGH COASTAL PACIFIC FOOD DISTRIBUTORS 1015 PERFORMANCE DRIVE, STOCKTON, CA 95206-1170 Coastal Pacific POC: Debbie Hickingbottom P.O. Box 30910 Stockton, CA 95213 (800) 500-2611 x128 e-mail: debi.hickingbottom@cpfd.com Send shipments to: COASTAL PACIFIC FOOD DIST INC., 1015 PERFORMANCE DRIVE, STOCKTON, CA 95206-1170 Add the following text: "For: Contract Number HDEC05-14-D-**** [CDC or Commissary DODAAC] DEFENSE COMMISSARY AGENCY, [name of] CDC or [name of] COMMISSARY" OKINAWA CDC: HQCWH5 KANTO CDC: HQCWJ2 IWAKUNI CDC: HQCWJB MISAWA COMMISSARY: HQCWHF YONGSAN CDC: HQCWJA TAEGU CDC: HQCWJ9 GUAM CDC: HQCWH9 For example, send to: COASTAL PACIFIC FOOD DIST INC., 1015 PERFORMANCE DRIVE STOCKTON, CA 95206-1170 FOR: CONTRACT NUMBER HDEC05-14-D-**** HQCWH5 DEFENSE COMMISSARY AGENCY OKINAWA CDC (y) Shipping to Fort Buchanan (Puerto Rico) shall be completed as follows: SHIPMENTS TO PUERTO RICO SHALL BE MADE THROUGH MDV SPARTANNASH 1187 AZALEA GARDEN ROAD, NORFOLK, VA 23502 Main MDV POC: Sharon Fleener P.O. Box 29 Norfolk, VA 23501 757-858-9315 e-mail: Sharon.Fleener@mdvnf.com Other MDV POCs: Mike Callighan 757-858-9335 / michael.callighan@mdvnf.com Mike Holloway 757-858-9318 / mike.holloway@mdvnf.com Send boxes to: MDV SPARTANNASH COMPANY ATTN: MIKE CALLIGHAN 1187 AZALEA GARDEN ROAD NORFOLK, VA 23502 Mark each box with: "FOR DEFENSE COMMISSARY AGENCY CONTRACT NUMBER HDEC05-14-D-**** FOR SHIPMENT TO FORT BUCHANAN COMMISSARY, PUERTO RICO" For example, send to: MDV SPARTANNASH ATTN: MIKE CALLIGHAN 1187 AZALEA GARDEN ROAD NORFOLK, VA 23502 FOR DEFENSE COMMISSARY AGENCY CONTRACT NUMBER HDEC05-14-D-**** FOR SHIPMENT TO FORT BUCHANAN COMMISSARY, PUERTO RICO (z) The contractor will provide an electronic spreadsheet by the 5th of each month to the Administrative Contract Specialist. This spreadsheet will denote previous month's ordering information as follows: number of each item ordered by store; total dollar amount by store; total number of orders placed by all stores; total amount for all items ordered by all stores for that month. xii. FAR Clause 52.212-5 (DEV)(Jan 14), Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items applies to this acquisition. The following clauses and provisions are applicable to this acquisition and are hereby incorporated by reference: 52.203-3, Gratuities (Apr-84) 52.203-6 ALT I, Restrictions on Subcontractor Sales to the Government, with Alternate I (Sep06) 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct-10) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sep-13) 52.204-4, Printed or Copied Double-Sided on Post Consumer Fiber Content Paper (May-11) 52.204-7, System for Award Management (SAM) (Jul-13) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul-13) 52.204-13, System for Award Management (SAM) Maintenance (Jul-13) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Aug-13) 52.219-6, Notice of Total Small Business Set-Aside (Nov-11) 52.219-8, Utilization of Small Business Concerns (Jul-13) 52.219-14, Limitations on Subcontracting (Nov-11) 52.219-28, Post Award Small Business Program Representation (Jul-13) 52.222-3, Convict Labor (E.O. 1755) (Jun-03) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan-14) 52.222-21, Prohibition of Segregated Facilities (Feb-99) 52.222-26, Equal Opportunity (Mar-07) 52.222-35, Equal Opportunity for Veterans (Sep-10) 52.222-36, Affirmative Action for Workers with Disabilities (Oct-10) 52.222-37, Employment Reports Veterans (Sep-10) 52.222-40, Notification of Employee Rights under National Labor Relations Act (Dec-10) 52.222-50, Combating Trafficking In Persons (Feb-09) 52.223-18, Encourage Contractor Policies to Ban Text Messaging While Driving (Aug-11) 52.225-13, Restriction on Certain Foreign Purchases (Jun-08) 52.232-17, Interest (Oct-10) 52.232-18, Availability Of Funds (Apr-84) 52.232-36, Payment by Third Party (Jul-13) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec-13) 52.233-3, Protest after Award (Aug-96) 52.233-4, Applicable Law for Breach of Contract Claim (Oct-04) 52.242-13, Bankruptcy (Jul-95) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb-06) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirements to Inform Employees of Whistleblower Rights (Sep-13) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov-11) 252.204-7004 ALT A, System for Award Management (SAM) (Feb-14) 252.204-7015, Disclosure of Information to Litigation Support Contractors (Feb-14) 252.205-7000, Provision of Information to Cooperative Agreement Holders (Dec-91) 252.209-7004, Subcontracting w/Firms that are Owned or Controlled by the Government of a Terrorist Country (Mar-14) 252.216-7009, Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding (Sep-13) 252.225-7001, Buy American Act and Balance of Payments Program (Dec-12) 252.225-7002, Qualifying Country Sources as Subcontractors (Dec-12) 252.225-7012, Preference for Certain Domestic Commodities (Feb-13) 252.225-7048, Export-Controlled Items (Jun-13) 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep-04) 252.232-7010, Levies On Contract Payments (Dec-06) 252.243-7001, Pricing of contract Modifications (Dec-91) 252.243-7002, Requests for Equitable Adjustment (Dec-12) 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Jun-13) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustments to the Cost Bearer (Jun-13) 252.247-7023 ALT II, Transportation of Supplies by Sea (Apr-14) The following clauses and provisions are applicable to this acquisition and are hereby incorporated in full text: 52.204-4500, Installation Access Requirements (31-Jan-12) The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired. 52.209-7, Information Regarding Responsibility Matters (Jul-13) (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) 52.216-1, Type of Contract (Apr-84) The Government contemplates award of a Firm Fixed Price, Requirements type contract resulting from this solicitation. (End of provision) 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of $5,000.00 (insert dollar figure or quantity); (2) Any order for a combination of items in excess of $25,000.00 (insert dollar figure or quantity); or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21, Requirements (Oct-95) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2015. (End of clause) 52.217-4500, Option to Extend Contract Delivery (Aug-04) The Government may require continued delivery of any supplies within the limits and at the prices specified in the contract. This option provision may be exercised more than once, but the total extension of the delivery period hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract delivery period. (End of Clause) 52.217-9, Option to Extend the Term of the Contract (Mar-00) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 Months. (End of clause) 52.225-18, Place of Manufacture (Sep-06) (a) Definitions. As used in this clause-- Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ) Outside the United States. (End of provision) 52.233-2, Service of Protest (Sep-06) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Defense Commissary Agency Attn: Jill A. Craft (LEAAR) 1300 E Avenue Fort Lee, VA 23801-1300. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.233-4500, Independent Review of Agency Protest (Nov-11) Offerors/bidders may submit their agency protest directly to the contracting officer or request an independent review at a level above the contracting officer. The independent review is available as an alternative to consideration of the agency protest by the contracting officer. The independent review is not an appeal of the contracting officer's decision on an agency protest. Agency protests for consideration by the contracting officer must be submitted to the issuing office indicated on the face of the solicitation. Agency protests for consideration by a level above the contracting officer must be submitted to: Director, Acquisition Management Defense Commissary Agency ATTN: LEA 1300 E Avenue Fort Lee, Virginia 23801-1800 52.252-1, Solicitation Provisions Incorporated by Reference (Feb-98) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of provision 52.252-2, Clauses Incorporated by Reference (Feb-98) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of clause) 52.252-5, Authorized Deviations in PROVISIONS (Apr-84) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 52.252-6, Authorized Deviations in CLAUSES (Apr-84) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation of any Defense Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.209-7993 (Dev), Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2014-O0009) (Feb-14) (a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.216-7006, Ordering (May-11) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from September 1, 2014 through August 31, 2015. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered "issued" when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of Clause) xiii) The Defense Priorities and Allocations Systems (DPAS) rating is N/A. There are no numbered notes applicable to this solicitation. xiv) Quotes will be accepted at the DEFENSE COMMISSARY AGENCY, CONTRACTING BUSINESS UNIT (LEAAR), 1300 E. AVENUE, FORT LEE, VA 23801-1800 (or by email at jason.reedy@deca.mil and must be received NO LATER THAN Thursday, July 10, 2014, 4:00 p.m. EDST. xv) The point of contact for this solicitation is Jason M. Reedy, Contract Specialist, at 804-734-8000, ext. 49815, or Jill A. Craft, the Contracting Officer, 804-734-8000, ext. 86294. IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA) Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing (CLIN or Sub-CLIN), within the Agency's electronic reading room located at www.commissaries.com and on the Government Point of Entry (GPE) www.fbo.gov. Unexercised Option year prices will not be published. This action is taken to ensure contract award information is available to the general public pursuant to the President's January 21, 2009 memorandum regarding the Freedom of Information Act. Be advised that the contract(s) resulting from this solicitation will be posted at two distinct points during the procurement cycle: 1. RECENT CONTRACT AWARDS: The first posting will take place immediately after the contracts are awarded and will contain only the base year pricing. 2. HISTORICAL PRICING: The second posting will take place when it is time for re-solicitation of an existing contract and will contain all CLIN and Sub-CLIN prices for the base period and all exercised options from the contract(s) under re-solicitation. ATTACHMENTS A. RFQ - QUOTE SHEET (Attachment A - HDEC05-14-T-0026- Quote Sheet) B. PAST PERFORMANCE SURVEY (Attachment B - HDEC05-14-T-0026 - Past Performance Survey) C. COMMISSARY LOCATIONS (Attachment C - HDEC05-14-T-0026 - Commissary Locations)
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