Detainee Meals - San Diego Sector OBP

US CUSTOMS AND BORDER PROTECTION OFFICE OF BORDER PATROL SAN DIEGO SECTOR OBP PART I - The Schedule BLANKET PURCHASE AGREEMENT - Detainee Meals The intent of this solicitation is to establish a multiple-award blanket purchase agreement (BPA) for commercial items prepared in accordance with the format in Subpart 13.303, and supplemented with additional information included in this document. This is a 100% Supply Small Business Set-Aside Competition with a North American Industrial Classification Systems (NAICS) of 722310-Food Service Contractors. The associated NAICS of 722310 has a Small Business Size Standard of 500 employees. US Customs and Border Protection intends to establish a multiple or single award Blanket Purchase Agreement (BPA) to fulfill this requirement; however, the Government does not guarantee any order placements. The resultant BPA award(s) will have a duration of two (2) years with annual review. The aggregate total Not-To-Exceed ceiling amount is $500,000. The contractor will deliver service at a fixed price per unit. The Government is obligated only to the extent of the authorized purchases made under the BPA. Description of Agreement: The San Diego Sector, U.S. Border Patrol would like its individual stations to be able to order food as needed for the purpose of feeding detainees under their custody. The delivery of fresh lunch, dinner, or breakfast burritos (or equivalent) would save the Government significant time over having to heat frozen meals. The meals must meet the specifications contained within the SOW, which will also allow them to meet special feeding due to religious and diet requirements. In addition to fresh burritos, the vendor must provide a limited number of pre-packaged frozen sandwiches or burritos, which only require thawing in the event of contingency operations, and a vegan fruit/vegetable plate upon request for religious diets. Supplier shall furnish Detainee Meals as described and outlined in the attached Statement of Work (SOW) during the period of performance specified to the Department of Homeland Security, US Customs and Border Protection Agency, Office of Border Patrol Headquarters, San Diego Sector (San Diego Sector OBP), at the locations as provided in the SOW. Requirements shall be furnished if and when requested by the Contracting Officer or authorized Government Representative acting within their scope of delegated procurement authority. Primary Requisitioning Office: US Customs and Border Protection Agency San Diego Sector Office of Border Patrol Headquarters 2411 Boswell Road Chula Vista CA 91914 Product, Service, or Outcome Needed: The San Diego Sector, U.S. Border Patrol is required to serve meals to detainees at various locations throughout the San Diego Sector. Meals are served three times daily and include breakfast, lunch and dinner. The amount of detainees housed in the transitional holding area and individual Stations fluctuate regularly. In the spirit of the Federal Acquisition Streamlining Act, the US Customs and Border Protection Agency intends to enter into a single-award agreement to further reduce the administrative costs of acquiring meal items. BPA's eliminate contracting and open market costs such as: the search for sources; the development of technical documents and solicitations; and the evaluation of bids and offers. Contractor Teaming Arrangements are permitted in accordance with Federal Acquisition Regulation (FAR) Subpart 13.303. This BPA will further decrease costs, reduce paperwork and save time by eliminating the need for repetitive, individual purchases from the Supplier. The end result is to create a purchasing mechanism for the Government that works better and costs less. Requirements: All requirements are fully outlined and described in the SOW. The SOW must be read and understood in its entirety. Reporting: The selected Contractor shall provide a Monthly Sales Activity Report for all San Diego OBP organizational components within 15 calendar days after the end of each month, using the format provided in Attachment 1. Each Monthly Sales Activity Report shall provide the following information: (1) monthly summary of orders under the BPA from the previous month by organizational component, (2) cumulative summary of orders under the BPA to date by organizational component, (3) any issues that need attention. The Monthly Sales Activity Report shall be provided by the Contractor to San Diego Sector OBP and must contain, at a minimum, the fields identified. The Monthly Sales Activity Report must include line item detail for each product purchased in a order. For example, if one order consists of three (3) products, there shall be three (3) entries under one order ID. Monthly Sales Activity Reports shall be provided in electronic format and emailed to the BPA Contracting Officer (CO), the BPA COR and the CBP San Diego Sector Budget and Finance Division, to be identified in the actual contract document. The subject line of the email notice presenting the submission of the monthly report shall be annotated with - Contract Number, Monthly Sales Activity Report (state the month and year). A sample Monthly Sales Report is provided. Vendors can suggest during the solicitation process, other formats that meet the criteria above. Negative sales reports are required from awarded vendor if applicable. Special Delivery Instructions: Unless otherwise specified, all items to be delivered under this agreement shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. Preservation, packaging and packing shall provide adequate protection against physical damage during shipment for all deliverable items. There are no loading docks or other loading/unloading facilities at any of the delivery locations and the Contractor shall be responsible for the proper offload and delivery of materials and supplies, by use of a handcart of other such Contractor-provided equipment. Government personnel and/or equipment will not be available to assist in delivering or offloading and unloading of materials. All initial packing, marking and storage incidental to shipping of food to be provided under this contract shall be at the Contractor's expense. Ordering Procedures: As outlined in the SOW. Funding: This BPA does not obligate any funds nor authorize any deliveries. The Government is obligated only to the extent of funds obligated on authorized delivery orders issued under this BPA by the BPA Contracting Officer. The volume of purchases through this BPA will have no minimum limit. The Government is under no obligation to any BPA holder to purchase any specified quantity of products. The fixed price per unit is based on a breakdown of all costs and delivery to various locations. Accounting and Appropriation Data: Accounting and appropriation data will be provided at the Delivery Order level. BPA Ceiling: The BPA will have a total ceiling amount of $500,000.00 for all awardees. San Diego Sector OBP may issue orders for up to $150,000.00 at any one time, but Not to Exceed (NTE) this amount. Price Reductions: The Contractor may offer on this BPA at any time, temporary, one-time, or intermittent price reductions of any CLIN end product stated in the BPA Pricing Table. Location of Deliveries: As outlined in the SOW. Anticipated Requirements: As outlined in the SOW. Special Requirements: Unless otherwise specified, all items to be delivered under this BPA shall be preserved, packaged, and packed in accordance with standard commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. Preservation, packaging and packing shall provide adequate protection against physical damage during shipment for all deliverable items. Legal title to the goods (ownership) transfers from the contractor to the government at the time of acceptance of quality, quantity, and the condition of tendered supplies. Acceptance is the act of an authorized Government agent which formally determines that the supplies submitted by the contractor satisfactorily discharge the Contractor's duty of performance under the delivery order. All initial packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be at the Contractor's expense. The Contractor shall attend a contract Post-Award Conference (PAC) with the BPA CO, COR and members of the San Diego Sector OBP organizational components and program office, at the San Diego Sector Border Patrol Headquarters offices in Chula Vista, CA. The contract PAC will cover the terms and conditions of the BPA, the partnering and working relationship, contract administration, and other administrative concerns. The contract PAC will be determined not later than two (2) weeks after date of contract award. The Contractor will be contacted by the COR to coordinate the PAC. Government Furnished Resources and Information No portion of this requirement is predicated upon the use of government-owned or leased equipment. Should a need arise; the Contractor will work with the COR to establish availability and schedule for delivery of government furnished information. Administrative Data: BPA Contracting Officer Frank S. Duarte 4760 N. Oracle Road, Suite 100 Tucson, AZ 85705 +1 (555) 000-0000/+1 (555) 000-0000 FAX contact@example.gov BPA Contracting Officer Representative (COR) TBD at award Proposal Submission: Emailed submissions must be received at contact@example.gov no later than ___09/24/2012_____ at 12:00 PM MST. Subject line of the email should read "20075962 - Detainee Meals SD OBP." Emailed submissions must be in separate attachments and clearly indicate what is being provided. The Government reserves the right to disregard any additional attachments without notification to any Offeror. Due to CBP restrictions on the size of email, ensure that all emails submitted are less than 5MB. If the proposal exceeds 5MB, please separate the submission into multiple emails and include in the subject line the solicitation number and # of # emails. Any electronic submission determined to contain a virus will be deleted and not viewed or accepted for consideration under this solicitation. Submissions must be received no later than the exact time specified in the solicitations to be considered for award. Time of receipt will be determined by the government's email receipt time. It is the quoting firm's responsibility to ensure this is done according to the above restrictions. Price for each item (See Attachment A to SOW - BPA Price List): Offerors shall provide total price per unit for brands as reflected in the BPA Pricing Table, attached to the SOW. Prices quoted shall be FOB destination and must reflect the total price (including all shipping and handling prices) to the Government. This price will represent the maximum price upon award of the BPA. However, vendors may at any time, offer additional temporary, one-time, or intermittent volume price reductions of any end product stated in the BPA Pricing Table. PART II - Solicitation Clauses 52.252-1 Solicitation Provisions Incorporated by Reference. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 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): _______________www.acquisition.gov______________ (End of provision) 52.209-5 Certification Regarding Responsibility Matters. 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 52.212-4 Contract Terms and Conditions-Commercial Items. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 52.214-34 Submission of Offers in the English Language. 52.214-35 Submission of Offers in U.S. Currency. 52.217-6 Option for Increased Quantity. 52.217-8 Option to Extend Services. 52.217-9 Option to Extend the Term of the Contract. 52.219-1 Small Business Program Representations. 52.222-41 Service Contract Act of 1965. 52.222-42 Statement of Equivalent Rates for Federal Hires. 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts). 52.225-18 Place of Manufacture. 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. 52.216-1 Type of Contract. As prescribed in 16.105, complete and insert the following provision: TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price BPA contract resulting from this solicitation. (End of provision) PART III - List of Attachments 1. Statement of Work (SOW) with Attachment A - BPA Pricing List. 2. Monthly Sales Activity Report Sample Exhibit. PART IV - Representations and Instructions 52.212-3 Offeror Representations and Certifications-Commercial Items. 52.212-1 Instructions to Offerors-Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (FEB 2012) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone +1 (555) 000-0000 Facsimile +1 (555) 000-0000. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk +1 (555) 000-0000, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone +1 (555) 000-0000/2179, Facsimile +1 (555) 000-0000. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling +1 (555) 000-0000 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling +1 (555) 000-0000 or +1 (555) 000-0000. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) I.1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) Proposals that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. The Government may reject any proposal that is evaluated to be significantly not compliant with the solicitation requirements, unrealistically high or low in price, or reflects a failure to comprehend the complexity and risks of the work to be performed. The Government reserves the right to award without discussions with Offerors. See below Federal Acquisition Regulation (FAR) Clause 52.212-2 Evaluation Criteria to be used in evaluation for this award. (a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors (with associated sub-factors) shall be used to evaluate offers: 1) Technical Approach; 2) Past Performance and: 3) Price. FACTORS (all considered equal): 1. Technical Approach a. Capability to provide the products required. b. Distribution Capability c. Delivery Methodology 2. Past Performance a. Offerors shall provide not more than three (3) contracts/orders where the Offeror has performed similar requirements in the past three (3) years. These projects/contracts/orders can include those performed for the federal, state, and local governments, commercial industry and those performed for private organizations. b. The Government may obtain Past Performance information from other than the sources identified by the Offeror. 3. Price a. Fully burdened unit pricing. Individual product unit pricing will be evaluated to ensure that all costs associated with providing the requested end-product, including labor, manufacture, set-up and delivery, is included in the final price for each item. b. Price will be evaluated for reasonableness and cost realism. Lowest price shall be determined by multiplying the estimated quantity presented in the Pricing worksheet by the proposed unit prices. c. Offerors must complete the attached pricing worksheet. Complete one sheet for each year. (b) Options. Not applicable. The Government will review the BPA annually for updates. (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision)