Best Value Trade-Off
Using FAR 13.5 and FAR Part 12 Procedures
AMENDMENT 01
CLIN:
Item Description:
Quantity:
Unit of Measure:
0001
Breakfast Meals
6,632
EA
0002
Lunch Meals
6,349
EA
0003
Dinner Meals
6.632
EA
Breakfast, Lunch and Dinner meals for the Iowa Army National Guard’s 185th RTI Schoolhouse for the fiscal year during the period of 13 Jan 2024 through 1 Sep 2024 in accordance with Attachment 1: Meals Requirements Statement and Attachment 2: Menus and Headcounts.
Meal location and times can be found in Attachment 1: Meals Requirements Statement
1.18.1 DEVIATION 2023-O0001:
A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:
(A) Small business;
(B) Service-disabled veteran-owned small business;
(C) Women-owned small business (WOSB) under the WOSB Program;
(D) Economically disadvantaged women-owned small business under the WOSB Program; or
(E) Historically underutilized business zone small business.
1.18.2 The following provisions are incorporated by reference:
FAR 52.204-7, System for Award Management
FAR 52.204-16, Commercial and Government Entity Code Reporting
DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk Systems
DFARS 252.213-7000, Notice to Prospective Suppliers on the Use of Supplier Performance Risk System in Past Performance Evaluations
DFARS 252.225-7055, Representation Regarding Business Operations with the Maduro Regime
DFARS 252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation
1.18.3 The following clauses are incorporated by reference:
FAR 52.204-13, System for Award Management Maintenance
FAR 52.204-18, Commercial and Government Entity Code Maintenance
FAR 52.212-4, Contract Terms and Conditions – Commercial Items
FAR 52.232-18, Availability of Funds
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights
DFARS 252.204-7003, Control of Government Work Product
DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DFARS 252.211-7008, Use of Government-Assigned Serial Numbers
DFARS 252.223-7008, Prohibition of Hexavalent Chromium
DFARS 252.225-7048, Export Controlled Items
DFARS 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime
DFARS 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010, Levies on Contract Payments
DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts)
DFARS 252.247-7023, Transportation of Supplies by Sea
1.18.4 The following provisions are incorporated into this solicitation by full text. The full text can be found at www.acquisition.gov (all representations and certifications shall be completed within contractor’s Systems for Award Management (SAM) profile on www.sam.gov).
FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
FAR 52.212-1, Instructions to Offerors – Commercial Items
FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Deviation 2023-O0002)
DFARS 252.203-7005, Representation Relating to the Compensation of Former DoD Officials
DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation
DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation
The following clauses are incorporated by full text. The full text can be found at www.acquisition.gov.
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items
The following clauses are incorporated into FAR 52.212-5 by reference:
- 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
- 52.204-27, Prohibition on a ByteDance Covered Application
- 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
- 52.219-6, Notice of Total Small Business Set-Aside
- 52.219-28, Post Award Small Business Program Representation
- 52.222-3, Convict Labor
- 52.222-19, Child Labor – Cooperation with Authorities and Remedies
- 52.222-21, Prohibition of Segregated Facilities
- 52.222-26, Equal Opportunity
- 52.222-35, Equal Opportunity for Veterans
- 52.222-36, Equal Opportunity for Workers with Disabilities
- 52.222-37, Employment Reports on Veterans
- 52.222-50, Combating Trafficking in Persons
- 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving
- 52.225-13, Restrictions on Certain Foreign Purchases
- 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
- 52.232-33, Payment by Electronic Funds Transfer – System for Award Management
DFARS 252.211-7003, Item Unique Identification and Valuation
DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1)Is set aside for small business and has a value above the simplified acquisition threshold;
(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(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 Federal Acquisition Regulation (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, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services 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 (202) 619-8925
Facsimile (202) 619-8978.
(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 ( https://assist.dla.mil/online/start/).
(ii) Quick Search ( http://quicksearch.dla.mil/).
(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 ( https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(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 products, the make and model of the product 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)
***Addendum to FAR 52.212-1***
Attachments:
ATTCH 1: Amendment 01 Meals Requirements Statement
ATTCH 2: Amendment 01 Menus and Headcounts
ATTCH 3: Amendment 01 Vendor Contact Information and Pricing Tables
ATTCH 4: Amendment 01 Past Performance Questionnaire