Cash Commodity Letter of Credit Program

THIS PROJECT IS SET-ASIDE FOR SMALL BUSINESS (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; proposals are being requested and a written solicitation will not be used. This requirement is being procured in conjunction with FAR Part 13, using Simplified Acquisition Procedures (SAP). (ii) The solicitation number for this acquisition is RFP FNS-10-262SAM. This solicitation is issued as a Request for Proposals. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-44. (iv) This procurement is set-aside for small businesses. The NAICS code for this requirement is 541618 and the size standard is $7.0M. (v) The following provides the description of the requirement being procured: PERFORMANCE WORK STATEMENT FOR FOOD AND NUTRITION SERVICE (FNS) CONTRACT MANAGEMENT DIVISION (CMD) ON BEHALF OF SPECIAL NUTRITION PROGRAM (SNP) A-1 INTRODUCTION 1.1 Since its inception in the early 1930s, the National School Lunch Program (NSLP) has been guided by two major objectives: to provide nutritionally sound meals to school children and to encourage the consumption of domestic agricultural products. Federal support for schools participating in the NSLP comes from direct cash subsidies as well as the donation of agricultural commodities. Donated commodities are purchased in the market by the United States Department of Agriculture (USDA), although some products are moved directly out of government stocks. Since the 1980's, there has been considerable debate over the feasibility of an alternative to the donation of commodities in the NSLP. Despite the many positive aspects of the commodity donation program, it was the subject of criticism in the late 1970s and early 1980s. The timing of deliveries, the need to transport and store the donated commodities, the choice of commodities provided, and the commodity-form and unit size were criticisms frequently heard. A Congressional directive as part of the 1981 Agricultural Appropriations Act mandated the USDA to conduct a 3-year study of two alternatives to the existing commodity donation program -- an all cash approach and a voucher approach that used Commodity Letters of Credit (CLOC). This mandated study got underway in School Year 1982-83 with 96 School Food Authorities (SFAS) from 29 States assigned to one of three options under the study: commodity donation, cash, and CLOC. Cash sites in the study were allocated cash equivalent to the amount that USDA would have used in buying donated commodities for them. Few limitations were placed on these funds. Cash SFAs were required to spend the money on the food service program. CLOC SFAs also received cash equivalent to the value of the donated commodities they would have received but the expenditure of this cash was restricted to foods containing those commodities that USDA was buying for donation through the NSLP. These CLOC sites received Commodity Letters of Credit, which specified the commodity they were to purchase as well as the purchase and delivery periods. In this way, CLOC funds were used to provide market support for the same commodities USDA was supporting through its purchases. Results of the evaluation of this initial demonstration were published in 1986 . Most SFAs were pleased with the flexibility offered by the alternatives. However, SFA's used their increased flexibility to buy more highly processed foods resulting in fewer pounds of raw commodity being removed from the market for some commodities. At the conclusion of this evaluation, USDA recommended that the alternatives be discontinued. The results of the study did not provide compelling evidence sufficient to warrant the dismantling of the existing commodity donation program. The evaluation did point out deficiencies in the current commodity donation program, which required some attention. Congress laid the groundwork for improving the commodity distribution system with the passage of the Commodity Distribution Reform Act and WIC Amendments (P.L. 100-237). Improvements in the commodity donation program over the last 5 to10 years have focused on the reduction of fat and salt content of donated commodities, improved labeling and product identification, increased product varieties, improved packaging, improved scheduling of deliveries and the adoption of unitized deliveries. Although the evaluation of the initial demonstration ended in School Year 1984-85 those sites that participated in this demonstration were allowed to continue under these alternatives through a series of legislative enactments. In 1989, the Conference Report accompanying the Child Nutrition and WIC Amendments Act (P.L.101-147) authorized the Secretary of Agriculture to review the CLOC procedures and make appropriate modifications to assist the Department in meeting its mandate to support domestic agricultural markets. The Food and Nutrition Service (FNS) developed modifications in the CLOC operating procedures that became effective at the beginning of School Year 1990-91. These modifications focused on: (1) the definition of the CLOC's in terms of commodity specificity as well as the timing of the purchases and deliveries; (2) the crediting policies; and (3) the guarantee that CLOC purchases were of domestic origin. The results of the evaluation of the modified CLOC system were published in 1992 . Results of this study indicate that a number of the major differences in the performance of CLOC and Commodity school districts found in the previous study and that were the focus of this the CLOC modifications had been narrowed. The CLOC districts were able to enter the market at the same time as USDA and remove approximately the same amount of product from the market as the matched commodity sites. However, there was still some question as to whether equivalent market impact is obtained by CLOC purchases. In addition, there was insufficient information to judge the administrative feasibility of CLOC at either the State or national level. The Child Nutrition Amendments of 1992 (P.L. 102-342) signed into law on August 14, 1992 extended through September 30, 1994 the CASH CLOC option to those SFA's that have been operating under these alternatives. The Healthy Meals for Healthy Americans Act of 1994 made these sites permanent. A-2 BACKGROUND 2.1 The fundamental difference among the three systems is the location of food purchase decision-making. In the COMMODITY system, food purchase decisions are centralized at the national level. USDA decides which foods will be purchased, when they will be bought, the form in which they will be bought, the type of packaging and when they will be delivered. Although input is elicited from State agencies, the market demand decisions are largely concentrated in Washington. DC. The CLOC system represents a movement toward decentralization of food purchasing authority. CLOC SFA's are given letters of credit for the cash equivalent of their commodity entitlement. USDA decides on the general type of food to be bought with letters of credit in order to support specific agricultural markets (e.g., by issuing beef, pork or turkey letters of credit). SFA's are allowed to purchase the targeted commodities locally in a form and in a size that best suits their needs and have it delivered at a time convenient to them. For example, if they lack modern kitchen equipment or find that labor costs are excessive, they can choose prepared foods (e.g., pizza) instead of purchasing raw ingredients (e.g., flour, tomato sauce, and oil) and preparing meals "from scratch". Alternatively they can use letters of credit for the same raw ingredient donated by USDA (e.g., bulk ground beef), but packaged according to their own specifications. The CASH system decentralizes the purchasing activity to its logical extreme. As with CLOC SFA's, CASH school districts are given the cash equivalent of their commodity entitlement. However, other than requiring that the money be spent on the food service program, USDA places no restrictions on local food purchasing. The money need not be spent for food; it can be spent on labor, equipment or for any other legitimate food service operating expense. If the money is used to purchase food, that food must be of domestic origin. Establishment and Distribution of Commodity Entitlement In order to determine the total value of the cash or letters of credit to be allocated to each SFA in the program, USDA calculates the amount of each SFAs commodity entitlement. At the beginning of each School Year, an estimate of the cash value of each CASH and CLOC SFA's annual commodity entitlement is obtained by multiplying each district's total NSLP participation (number of reimbursable NSLP lunches served) from the second preceding year by the current commodity rate ($.1950 in SY 2010). In December of each year, these estimated entitlements are adjusted to reflect actual school year participation from the prior year. By the end of the year, each CASH and CLOC SFA receives a commodity entitlement based on the actual count of reimbursable lunches served in the prior year. This procedure for generating entitlement estimates was adopted in large part because the Commodity system operates in a similar manner. Once entitlement estimates are established, CASH and CLOC SFA's receive direct deposits at the beginning of each quarter of the school year; July 1st , October 1st , January 1st and April 1st. CASH SFAs receive the cash value of their entitlement in equal disbursements - 25 percent of their entitlement each quarter. CLOC SFAs receive a proportionately greater share of their entitlement at the beginning of the school year, 36 percent in each of the first two quarters, 21 percent in the third quarter, and 7 percent in the final quarter. The reason for a disproportionate disbursement of funds during the school year to CLOC SFAs is that this plan offers the best approximation of USDA's purchase plan in which purchases of commodities are most intensive during the early part of the school year. In order for a CLOC system to have a market impact and surplus removal capability that compares favorably to the current procurement process, it is necessary that CLOC SFAs have the same relative purchasing capacity during the same time frame in which USDA purchases are being made. A similar entitlement allocation formula was not adopted for CASH SFAs since in the demonstration there was no intention to target school district purchases toward specific Commodities or specific times of the school year. Cash Entitlement Utilization Once in receipt of their commodity entitlement dollars, CASH SFAs have almost complete freedom in determining how these dollars should be spent. The only restrictions imposed upon CASH SFAs with respect to expenditure of entitlement money is that (1) expenditures have to be related to the operation of school feeding programs and (2) foods purchased have to be of domestic origin. Because these dollars are generally commingled with all other funds budgeted for food service operations (and, in some cases, with all funds for school district operation), special monitoring for compliance with these two restrictions is very difficult. The use of these funds by SFAs is, of course, subject to established auditing procedures currently a part of the NSLP. CLOC Entitlement Utilization Commodity purchases for schools are guided by a procurement plan that reflects USDA's best estimates of agricultural surpluses and school food program preferences. The CLOC system is intended to match this procurement plan as closely as possible in order to mirror the commodity support to the agricultural markets. Unlike their CASH Counterparts, CLOC SFAs are restricted to spending their entitlement dollars on specific agricultural products. The linkage between the CLOC system developed by FNS and the procurement plan established by USDA is in principle straightforward. Each time USDA makes a decision to enter commodity market information about this pending purchase is promptly forwarded to those responsible for operating the CLOC system. Included in this information is the type of product expected to be purchased, the anticipated value of the contracts awarded including funds added to cover transportation of goods to State distributing points, and the period within which commodities are to be shipped to designated State distribution points. Specifications for each letter of credit are established as follows. First, the specific commodity purchased by USDA establishes the general type of product which SFAs can purchase. However, CLOC SFAs are not required to purchase exactly the same type of product as USDA (e.g., whole turkeys). Rather, they are required to purchase products that are composed in whole or in part of the agricultural product (e.g., turkey breasts, turkey dogs). Second, the total value of USDA's procurement contracts, inclusive of transportation charges, is divided by the value of the entire estimated food procurement plan established by USDA. This calculation results in the percentage of the procurement budget to be allocated to each specific commodity. This percentage in turn is multiplied by each CLOC SFAs estimated annual commodity entitlement, and the resultant dollar value is the amount of entitlement money available to each CLOC SFA for the specific commodity purchases. The second way in which the CLOC system is linked to USDA's commodity procurement plan is with respect to the period allowed for local purchases. The intent is to have the period for letter of credit purchases match the period for USDA purchases. The letter of credit purchase period encompasses the time from USDA's announcement that they are entering a particular commodity market until the time of Contract award. For fruits and vegetables, the purchase period is usually slightly longer than 35 days. For commodities purchased on a continuous cycle such as meat and poultry products, the purchase period is approximately 3 months. This places SFAs in the market at the same time as successful bidders for USDA commodity procurements and gives SFAs a reasonable period in which to arrange their letter of credit purchases. Delivery periods of CLOC purchases extend through the last date specified for shipment of USDA donated commodities to designated distribution points. CLOC Issuance To understand how the CLOC system works the following apple purchase example is used. Well before USDA actually buys apples, it surveys State agencies for potential demand. At the time of this survey, CLOC SFAs receive from the contractor a "CLOC' Alert" to put them on notice that USDA might soon purchase apples and that SFAs should examine their requirements for apple-related products in advance of an authorization to buy apples or apple products. A CLOC Alert commits the contractor to nothing and imposes no obligation on an SFA. Assume that subsequent to the survey of State agencies, USDA announces its intent to buy apples with the assumption that purchases would be made amounting to 10 percent of USDA's food procurement budget. Within two to five days of the bid announcement, SFAs receive a CLOC authorization permitting them to spend up to 10 percent of their estimated entitlement on apples. The CLOC authorization provides considerable information to an SFA in addition to the amount of money that can be spent. It defines the period within which purchases must he made and the date by which purchased products must be delivered. These two sets of dates rarely coincide: the period for accepting purchases usually is much longer than the period in which purchases are required to be made. Under the CLOC system, SFAs are required to make a commitment to buy a specified product during the same time that USDA is in the market but can space the delivery of this product to best meet the particular requirements of their food service operations. In addition to setting money and time specifications, the CLOC authorization specifies a set of products that are termed "full-credit items". These are items that schools can pay for completely with commodity entitlement dollars. Such items are usually defined as any product that removes approximately the same amount of a commodity from the market per dollar spent as the form of USDA commodity purchases. For example, SFAs could use their apple letter of credit to buy fresh apples, canned apples, applesauce, apple juice concentrate, etc. and allocate the entire cost of these products to their CLOC accounts. The flexibility of the letter of credit system is further extended by the notion of "partial credit" for processed food items that contain at least some fraction of the targeted commodity. The CLOC system developed by FNS is setup to give SFAs credit (or discount) for that element of the processed food item that is made from the target commodity even though this target commodity may represent a small fraction of the overall food item formulation. If an SFA wishes to purchase a highly processed product like apple pie filling, SFAs would receive credit for a predetermined percentage (50%) of the total dollar value of the product. The proportion of credit given represents the ratio of: (1) the average weight of the commodity removed from the market by the SFA dollar spent on the product and (2) the weight of commodity removed from the market by USDA purchases per dollar spent by USDA. This partial credit element of the CLOC system is intended to give SFAs as much flexibility as possible in using their commodity dollars while still ensuring that SFAs buy the generic commodity that is the subject of USDA's procurement action. Most SFAs use most of their letters of credit for the purchase of full-credit items. The other major condition attached to a CLOC authorization is that the product purchased has to be formulated from a target commodity (or commodities) of domestic origin and that final authorization to use entitlement funds to pay for these items depends upon some evidence that the purchase has in fact been made. School districts must certify that products purchased with CLOCs are grown and produced in the United States. School districts are no longer required to obtain documentation from distributors certifying that CLOC purchases are of domestic origin. CLOC Monitoring and Accounting SFAs are required to document purchases to be allocated against their commodity entitlement funds by completing a reporting form developed specifically for the information requirements of the program and by submitting an invoice purchase order or contract indicating a commitment to buy the product in question. The documentation is reviewed to make sure that purchases listed on the CLOC Reporting Form corresponds to accompanying documentation and that these purchases were made within the specified period. A decision as to whether the purchase is an acceptable letter of credit transaction is made generally within three business days. Purchase data to be entered in the database are total cost of purchase, standardized food description, date of purchase, transaction code and credited amount. If the purchase is approved, the amount of the approved purchase is deducted from the SFA's CLOC. Each approved purchase is posted to accounts maintained by a firm under contract to FNS. At regular intervals, computer-generated copies of accounts maintained by the contractor are forwarded to SFAs for their review. These reports include a history of all transactions made by the SFA with respect to each letter of credit. As well as, a summary of the account status of all CLOCs issued to each SFA. A major challenge for the CLOC system is the calculation of predetermined percentages of the total dollar value of partial credit items. While many of these percentages have been calculated for previous years, it is essential that these calculations be reviewed each year in light of potential changes in market conditions. In addition, there may be new processed products introduced that SFAs would like to purchase with their CLOC funds that would require the calculation of the appropriate partial credit proportion. For example, suppose an SFA wished to purchase apple pies with its apple CLOC. The following information must be available to determine the percentage of the total dollar value of the apple pies that could be credited to the apple CLOC: (1) an estimate of the total amount of apples removed from the market with the USDA apple purchases using commodity conversion factors to estimate the farm-equivalent weight (2) the estimated dollar amount of USDA apple purchases: (3) the product formulation of the processed product (apple pies): (4) an estimate of the total amount of apples removed from the market with the SFA purchase of apple pies: and (5) the estimated dollar amount of the SFA apple pie purchase. The pounds of apples removed from the market per dollar spent on USDA apple purchases must be calculated and a calculation for the SFA apple pie purchases must be completed. The ratio of these two numbers represents the portion of the SFA apple pie purchase that would be creditable to the apple CLOC. Generally, SFAs are asked to obtain the product formulation information from the vendor or the products manufacturer. If an adequate formulation cannot be obtained from industry sources, a generic formulation must be developed subject to the review of the SFA. CLOC Trades SFAs may trade commodities under the current commodity system. If an SFA has accepted delivery of certain commodities for which the district has little or no need, these products may be exchanged with another SFA for a more desirable product mix. Trades may even occur across State lines, although trades over long distances are uncommon because of the transportation expenses involved. Trades are also permissible under the CLOC system. Under a CLOC system, a trade is quite simple to accomplish since it involves only a paper transaction. Under the commodity system, the actual products have to be exchanged. In School Year 2009 67 trades were made. A-3 PERFORMANCE STATEMENT OF WORK 3.1. The purpose of this contract is to obtain contractor support services necessary to administer the Government's purchase plan and monitor compliance of the Cash CLOC Programs. The contractor will work in conjunction with the Contracting Officer's Representative (COR), Food Distribution Division (FDD), Food and Nutrition Service (FNS), in performance of this contract. Within USDA, FNS, the Agricultural Marketing Service (AMS) and the Farm Service Agency (FSA) jointly prepare a Purchase Plan of food commodities and amounts (equated in percentages) that will be purchased by the Government for School Food Authorities (SFA's). This Plan will be provided to the Contractor within one week of contract award and may be modified periodically. Simultaneously, CLOC SFA's are given an opportunity to purchase the same commodities upon receipt of a voucher (otherwise referred to as a ‘Commodity Letter of Credit' (CLOC)) from the Contractor. In order for the Contractor to establish the amounts that SFAs can spend, the COR will provide a list of entitlement dollars for each SFA to the Contractor within one week of contract award. Entitlements are calculated from the previous school year's meal count that is provided to the Government by the Contractor at contract expiration (June 30). The Government will issue quarterly entitlement payments to SFA's. The contractor shall determine the amount an SFA can spend on a commodity by applying the Government's purchase plan percentage for that commodity to the SFA's entitlement amount. When a commodity is available for the Government to purchase, the Contractor shall issue a CLOC to the SFA that provides the following information: (1) the commodity to be purchased, (2) how much to spend (3) the purchase and delivery dates (4) a list of full credit items, and (5) instructions for partial credit items. The amounts an SFA can spend may need to be revised periodically based on changes to the Government's Purchase Plan. SFA's will receive full credit for purchases listed on the purchase plan. However, they can request partial credit if they choose to purchase a processed item that contains the commodity product. The Contractor should provide to the SFA's the previously approved list of partial credit products along with the percentage application. If partial credit is requested for a new product, the SFA must provide product specification information to the Contractor in order to determine the amount of credit allowed. The Contractor shall provide credit information on new products to the COR for approval prior to releasing the CLOC to the SFA. SFA's are responsible for providing purchase receipts to the Contractor for compliance and monitoring purposes. The Contractor shall monitor all procedures established for the Demonstration of Alternatives to Commodity Donation as set forth in the document entitled "Demonstration Procedures" (February. 1982) (Attachment A) and subsequent amendments as set forth in the document entitled "Changes in Operational CLOC Procedures SY 90-91" (May. 1990) (Attachment B). Specifically Collect monthly meal data from (SFAs) such as number of meals served and the number of days of operation for the month. An annual Summary of Meal Count Data will be provided to the COR on or before June 30. (Ref Item 1 of the Deliverable Schedule below) Review Purchase Plan and entitlements to determine the amounts an SFA can spend on each commodity. When a commodity is available for purchase, issue a CLOC to the SFA's that provides all relevant information including full and partial credit items. If partial credit is requested for a new product, provide credit information to the COR for approval prior to releasing the CLOC to the SFA. Monitor SFA purchases against commodity letters of credit. Develop a new data base management system or maintain the existing system to track CLOC allocations, purchases, trades, refusals, rollovers and substitutions. Generate individual SFA Monthly Account Statements and send to the respective CLOC SFA for each commodity letter of credit issued. (Ref Item: 2 of the Deliverable Schedule below). All CLOC purchase documentation shall be submitted by the school districts within one month after the end of the school year. Processing these purchases shall be completed within two weeks of receipt. Provide Monthly Status Reports to the COR that summarizes CLOC activities for the previous month including: CLOC issuance (commodity, percent of entitlement, purchase and delivery period), total percentage of CLOC entitlement issued to date and problems encountered and how these problems were resolved. The second part of the monthly status reports shall include a summary that provides for each major task, the amount of entitlement expended during the preceding month and the cumulative amount. (Ref Item 3 of the Deliverable Schedule below) Provide to the COR no later than June 30 an annual Summary Statement of Final Account Balances' for all CLOC sites. (Ref. Item 4 of the Deliverable Schedule below) Provide to the COR no later than June 30 an electronic file containing all CLOC transactions and accounting transactions that occurred during the school year. (Ref item 5 of the Deliverable Schedule below) Full documentation for these data files shall include: 1. file structure (data set name, record format, record length, block size and number of records) 2. code book ( record layout including variable names, variable format, variable labels, value labels, and missing values) 3. formulation of any calculated variables 4. Provide a draft transition plan to the COR within 180 calendar days of contract award. 5. Provide the final transition plan within 45 calendar days of receipt of Government comments. 6. Update transition plan on an as needed basis but not less than annually. 7. Develop and maintain Standard Operating Procedures (SOP) for administration and management of the program activities. 8. Provide a DRAFT SOP within 90 calendar days of contract award. 9. Provide a Final SOP within 30 calendar days of receipt of Government comments. 10. Update SOP on an ongoing basis throughout the contract. A-4 DELIVERABLE SCHEDULE 4.1 The Government requires delivery to be made according to the following schedule: ITEM/DESCRIPTION QUANTITY DELIVERY DATE RECIPIENT(S) Summary of Meal Count Data 1 June 30th COR SFA Monthly Account Statement 1 30th of each Month EACH CLOC SFA Monthly Status Report 1 30th of each Month COR and CS Summary Statement of Final Account Balances for all CLOC Sites 1 June 30th COR Close out Disc 1 June 30th COR Optional Task A In the event that a contract option year is not exercised or contract award is made to other than the incumbent contractor, the Government may exercise Optional Task A for the contractor to train new staff and close out all Cash and CLOC activities as follows: Training The contractor shall provide a training session to no more than ten people as determined by the COR. Agenda and training to be determined mutually by government and contractor. Training will be conducted at FNS Headquarters located in Alexandria, VA. The session will include an in-depth presentation of the operating procedures currently being used to monitor the Cash and CLOC sites. The contractor shall also provide hands-on training of their computerized software used to monitor Cash and CLOC sites. The contractor shall provide all necessary training materials and conduct training in a professional manner so trainees will have the required knowledge to take over the monitoring responsibilities. The contractor shall submit to the COR an agenda that covers all issues that will be provided in the training session. The agenda will be due within ten calendar days from the COR's notification of the training session. Close Out Activities The Contractor shall provide to the COR all records, materials and disks pertaining to the Cash and CLOC Program. Records shall cover at least three school years. ITEM/DESCRIPTION QUANTITY DELIVERY DATE RECIPIENT(S) Training Agenda 1 10 Calendar days from COR's notification of training COR Close Out Documents ALL 90 calendar days from the effective date of Optional Task A COR 4.2 REPORTING REQUIREMENTS During the course of the school year, the contractor shall provide FNS with monthly status reports that summarize the CLOC activities that have occurred in the previous month including: CLOC issuances (commodity, percent of entitlement, purchase and delivery periods), total percentage of CLOC entitlement issued to dated, and problems encountered and how these problems were resolved as required by the Statement of Work. Reports shall cover work accomplished during that period of contract performance. The second part of these monthly status reports shall include a budget summary that provides for each major task, the amount budgeted, the amount expended during the preceding month, and the cumulative amount expended. A-5.0 GENERAL INFORMATION 5.1 Type of Contract This is a commercial item, performance based, combination firm fixed-price indefinite quantity contract (FFP/IDIQ). This procurement will be based on FAR Part 12 and 15. 5.2 The Government will issue delivery orders in accordance with the Ordering clause 52.216-18 and the Indefinite Quantity clause 52.216-22. 5.3 Minimum and Maximum. The guaranteed minimum that the Government is obligated to purchase under this contract is the fixed-price portion of the base period of the contract. 5.3.1 The maximum quantity is the total dollar value of the IDIQ schedule items. The maximum quantity shall not be exceeded except as may be provided by formal modification to the contract. Additional purchases over the minimum up to the maximum will be ordered if and as needed by the Government, but no guarantee exists beyond the minimum. 5.4 Performance Period: The period of performance of the base period is October 1, 2010 - June 30 2015. Option Schedule Period of Performance Option I July 1, 2011 through June 30, 2012 Option II July 1, 2012 through June 30, 2013 Option III July 1, 2013 through June 30, 2014 Option IV July 1, 2014 through June 30, 2015 5.5 Restrictions Against Disclosure (AGAR 452.237-75) (FEB 1988) (a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement. (b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder. 5.6 Security Requirements The contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. The contractor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The contractor's procedures shall be consistent with Government, OMB Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, the Federal Information Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the contractor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral. (a) Sensitive Information Storage and Disclosure Sensitive-But-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control; destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines. (b) Protection of Information All information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this contract will be considered SBU information. It is anticipated that this information will be gathered, created and stored within the primary Government work location. If the contractor personnel must remove any information from the primary work area, they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the contractor must remove any materials from the primary work location, prior approval must be obtained from the COR. (c) Security and Privacy The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information. (d) Security Classification The preparation of the deliverables under this contract will be completed at a Sensitive-But-Unclassified (SBU) level unless otherwise stated, in writing, by the COR. (e) Facility Access All contractor personnel who work at the USDA/FNS site must have approval for facility access; the contractor must supply the names and other required information of those employees selected to perform the work to the COR. (f) Special Requirements All work performed must meet and comply with all National Institute of Standards & Technology (NIST), other government-wide laws and regulations, and USDA and OCIO (Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology. Such directives and guidelines include, but are not limited to: • Computer Security Act of 1987 • Federal Information Security Management Act (FISMA) • OMB Circular A-130, Management of Federal Information Resources • Presidential Directive Decision 63, Critical Infrastructure Protection (CIP) • Presidential Directive Decision 67, Enduring Constitutional Government and Continuity of Government Operations • Homeland Security Presidential Directive 7 • NIST's Guide for developing Security Plans for Information Technology Systems (Special Publication 800-18) • U.S. Government "Plain Language" Guidelines • http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm (g) Confidentiality and Non-Disclosure The contractor may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the contractor are the property of the U.S. Government and cannot be reproduced, or retained by the contractor. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon completion of the contract. 5.7 Personnel Security Clearance Requirements - Sensitive- but-Unclassified (SBU) Materials The contract provision set forth below covers the basic security standards for Sensitive-But-Unclassified (SBU) work. Also, as applicable to the contract, are the policies, regulations, and procedures noted in paragraph 8.5. (a) GENERAL 1. The Government anticipates that the work to be performed under this contract may involve access to SBU materials and non-sensitive materials. SBU materials may include, but are not limited to: computer systems and information, Privacy Act protected information, and FNS proprietary information. Duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public Law. 2. In general, services performed by Contractor personnel may fall within three (3) "risk" categories as described below: a. High Risk (MBI): Contract personnel with network administrative rights b. Moderate Risk (NACI): All other contract personnel with access to SBU FNS data or information c. Low Risk (Fingerprint): Contract personnel performing less than 180 days (b) Types and Number of Background Investigations Required 1. Work performed under the contract(s) may fall within one or more of the risk categories defined in paragraph (a) 2 above. As a result, the Contractor's personnel must undergo a background investigation. The type of background investigation required will be commensurate with the risk factor associated with the duties of each position. Prior to award of the contract(s), the Contracting Officer's Representative (COR) will determine the exact number and types of background investigations that may be required for all Contractor positions. For planning purposes, the Government estimates that the following number and types of background investigations will be needed: Risk Category Number of Investigations Needed High Risk (MBI) TBD Moderate Risk (NACI) TBD Low Risk (fingerprints) TBD 2. The Contractor will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR, have received requisite background investigations. 3. During the life of this contract, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of authorization from the Contracting Officer or COR. (c) BACKGROUND INVESTIGATION REQUIREMENTS The minimum investigative requirements are as follows: 1. High Risk Positions: The background investigation shall be an MBI (Minimum Background Investigation). The MBI includes a NACIC, a face-to-face personal interview between the investigator and the subject, and telephone inquiries to selected employers. 2. Moderate Risk Positions: The background investigation shall be a NACI (National Agency Check and Inquiries). The NACI consists of a NAC, written inquiries and record searches covering specific areas of a subject's background during the past 5 years. 3. Low Risk Positions: The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. (d) SEPARATION/TERMINATION OF CONTRACTOR EMPLOYEES/COMPLETION OF CONTRACT At the completion of the contract or separation/termination of any contractor employee, a "Government Contractor Separation Checklist" must be completed and signed by the COR and Contracting Officer. 5.8 FNS COMPUTER SYSTEM ACCESS To perform this contract, the Contractor may require computer access to FNS systems. As necessary, the Contractor shall notify the COR in writing when a contractor employee requires any type of computer access. The COR shall provide form FNS-674, Computer System Access Request, to the Contractor. The Contractor shall complete the form, obtain approval from the COR, and submit the form to the FNS Security Office staff. The Contractor shall notify FNS when computer system access for employees can be terminated. Written notification to terminate computer access shall be provided by the contractor to the COR and to the FNS Security Office staff immediately upon termination of any contractor employee removed from this contract or when access is no longer required. Immediately upon completion of the contract, the Contractor shall provide a complete listing of all contractor employees given access to FNS computer systems with a statement that computer access shall be terminated and complete a "Government Contractor Separation Checklist" for each contractor employee. All notifications shall be provided to the COR and the FNS Security staff listed below. Brad Nix Chief, Information Security Office 3101 Park Center Drive, Room 317 Alexandria, VA 22302 (703) 305-2242 [email protected] Additionally, ALL new contract employees accessing FNS' systems and/or sensitive data are required to complete Security Training in the OIT Training Room, 3rd floor, prior to obtaining computer and sensitive data access. This training shall be coordinated with the COR. A disk or hard copy of the security training may be sent to contractors whose staffs are performing at off-site locations. 5.9 Improper Use of Internet IMPROPER USE OF GOVERNMENT IT RESOURCES AND THE INTERNET All USDA users, including contractors, are responsible for protecting USDA information technology resources from misuse and inappropriate, illegal activity. Contractors are advised that when you are receiving USDA funds for services, you are performing a Federal function on behalf of the Federal Government (as stated in the Computer Security Act of 1987) and are subject to comply with USDA rules and regulations. Use of non-USDA and non-Federal computers, including laptops, does not exempt the contractor from USDA and Federal Laws. A number of "Peer-To-Peer" software and "file sharing" products are available for downloading from the Internet. Their primary purposes are for the easy and illegal exchange of software, music, video, and in some unfortunate circumstances, pornography. All instances of pornography are forwarded to the Office of Inspector General, and any references to child pornography will be referred to the appropriate U.S. Attorney's office. Contractors are reminded that it is illegal to download software, music or videos that are protected by copyrights. Users are personally responsible for all costs related to trafficking in music, software or videos if a complaint is filed against them and the copyright owners seeks restitution of funds lost due to pirating copyright protected material. USDA considers the installation and use of the types of products described above to be inappropriate and illegal, and will actively pursue legal remedies to stop such activities. Additional information relevant to this clause can be obtained by reviewing Presidential Executive Order 13101, USDA Departmental Regulation 3300-1, or the following website: http://www.bsa.org/usa/antipiracy/ 5.10 Personal Identity Verification of Contractor Employees - (AGAR 452.204-71) (OCT 2007) (a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series. (b) Should the results of the PIV process require the exclusion of a contractor's employee; the contracting officer will notify the contractor in writing. (c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work. (d) The responsibility of maintaining a sufficient workforce remains with the contractor. Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract. (e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. (f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer's Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from __*___ (hours and days) to ____*___ (hours and days) at ____*____ (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e). 5.11 Contractor shall have Representations and Certifications electronically updated at: https://orca.bpn.gov/ 5.12 Contractor shall maintain a quality control plan for this requirement which must be submitted to the Government upon request. A-6 POST-AWARD CONTRACT PROCEDURES 6.1 Contractor shall provide a document outlining all subcontractors and their percentage of work within 5 days of award. If new subcontractors are used on subsequent task orders, an immediate update shall be submitted for approval. Prime contractor shall complete 51% of the work. 6.2 Invoice Process (a) Invoices shall be submitted in an original and one copy to the Government office listed below (or via email to [email protected]) in accordance with the "Authorized Payment Schedule" contract clause G-3. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: (1) Name and address of the business concern; (2) Invoice number and invoice date; (3) Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered; (4) Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.); (IF REQUIRED BY THE TYPE OF CONTRACT)* (5) Shipping and payment terms; (6) Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent; (7) A certification statement saying that the funds have only been used for work for this contract; The Contractor shall submit an original and one (1) copy of invoices to the following designated payment office: (or via email to [email protected]) USDA/Food and Nutrition Service Administrative Operations Division, Financial Management 3101 Park Center Drive, 7th Floor Alexandria, VA 22302 (8) Name, title, phone number, and mailing address of person to notify in the event of a defective invoice; and (9) Taxpayer Identification Number (TIN) or DUNS+4. (10) Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. (b) Contractors MUST invoice in accordance with the "Authorized Payment Schedule" under contract clause G-3. All invoices submitted for payment must include a breakdown for each task affected by the invoice. For example, if you are submitting an invoice for Payment #1 and it includes work performed on tasks 1, 2, and 4, your breakdown must show the prices for each. 6.3 METHOD OF PAYMENT All payments under this contract shall be made via electronic funds transfer (EFT). The Government shall make payment to the contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that EFT information changes, the contractor shall update information in the CCR database and notify the Contracting Officer. 6.4 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made the contract. 6.5 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR): (A) Definitions: "Contracting Officer's Representative" - The Contracting Officer's Representative (COR) is designated by the Contracting Officer, in writing, and is contract specific. The COR is the technical representative for all technical requirements of the specific contract. "Contracting Officer's Technical Representative" - The Contracting Officer's Technical Representative (COTR) is designated by the Contracting Officer, in writing, and is task specific. The COTR will assist the COR with the technical requirements and other administrative responsibilities of a specific task. "Contracting Officer" - The Contracting Officer is the only individual with authority to enter into, administer, or terminate contracts. The Contracting Officer ensures performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships. (B) Limits on the Authority of the COR/COTR: The authority of the COR/COTR for each task order is strictly limited to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting Officer do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the Contracting Officer. The provision at 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition, along with the following addenda: Under paragraph "(b)" of this clause entitled "submission of offers", the flowing addenda is provided. A-7 INSTRUCTIONS TO OFFERORS The offeror shall submit one (1) original and four (4) hard (paper) copies for Volume I (Technical Approach), Volume II (Management/Experience ),Volume III (Past Performance) of the proposal and one (1) original and three (2) hard (paper) copies for Volume IV (Price/Business/Business Proposal) of the proposal. All Price information shall be in a separate document from the offerors' Technical Approach. Each volume shall be delivered in a binder and appropriately tabbed, with the offeror and volume number identified on the spine of the binder. The original and hard copy proposal volumes shall be submitted on white paper. The offeror also shall provide a soft copy of the proposals using electronic media in MS Word, Excel, and PowerPoint format, as appropriate, on CD-ROM. Text shall be presented on 8 ½ X 11 inch paper in Arial or Times New Roman typeface, no smaller than 12-point pitch (smaller fonts are acceptable for graphics, figures, tables, footnotes, and legends) with 1-inch margins. The proposal should be concise and should not include any marketing material. Proposal narrative shall not exceed the number of single-sided pages for each Volume as shown in the following table. Page Limitation Restrictions Volume Page Limit Volume I: Technical Approach - Limit 30 pgs Volume II: Management/Experience Limit 10 pgs (see paragraph 12.1.3) Volume III: Past Performance Limit 5 pgs Volume IV Price/Business Proposal Limit 5 pgs A-8 CONTRACT CHARACTERISTICS AND SOURCE SELECTION PROCESS The following describes the evaluation procedures to be used to evaluate offers; 8.1 Overview of the Source Selection Process. Each offeror must submit a written offer (proposal). When evaluating an offeror the Government will consider how well the offeror complied with both the letter and spirit of these instructions. The Government will consider any failure on the part of an offeror to comply with both the letter and spirit of these instructions to be an indication of the type of conduct it can expect during contract performance. Contract award shall be made to the responsible offeror whose offer, in conforming to this RFQ, provides and overall best value to the Government, technical evaluation factors, and price considered. The Government's objective is to obtain the highest technical quality considered necessary to achieve the project objectives, with a realistic and reasonable price. The Contracting Officer retains the right to evaluate offers and make award without discussions. However, the Government reserves the right to conduct discussions if it is determined to be in the best interest of the Government. Therefore, offerors are encouraged to insure that initial proposals contain the offeror's most favorable terms and reflect its best possible performance potential. 8.2 Acquisition Milestones. The following milestones will be adjusted as necessary. 29 July 2010 RFQ to Contractors 6 Aug 2010 Question Deadline for Contractors by (3:00 p.m eastern daylight saving time) 10 Aug 2010 Government Response to Questions 31 Aug 2010 Proposals Due (1:00 p.m eastern daylight savings time) 10 Sept 2010 Evaluation of Proposals/SSEB Report 15 Sept 2010 Memorandum of Decision 17 Sept 2010 Award A-9 EVALUATION FACTORS 9.1 Factor Identification. Factor 1- Technical Approach Factor 2- Management/Experience Factor 3- Past Performance Factor4- Price 9.1.1 Technical Approach Offerors shall specifically address the following: a) Provide a written narrative explaining the background objectives, and work requirements of the performance statement of work. b) Provide a written narrative of anticipated major difficulties and areas of concern and along with recommendations. Basis of Evaluation: Offers will be evaluated to determine the extent of soundness of the proposed approach to accomplishing the requirements of the RFP. The proposal is clear, concise, well-organized and demonstrates the ability to communicate understanding of the purpose and objectives of the program and the relevant technical and policy issues. The proposal demonstrates a clear understanding of operational Procedures of the Cash and CLOC programs and their relationship to features of the Commodity Donation Program. 9.1.2 Management/Experience 9.1.3 Key Personnel (Management) Resumes Offerors shall submit a statement of qualifications outlining their firm's Capabilities and experience with respect to the effort described herein. The statement of qualifications should describe the key personnel and their experience that are directly relevant to this effort. Resumes of proposed personnel shall be submitted with the proposal. Professional staff resumes are not included in the 30-page limitation, but are themselves limited to 3 pages, Attachment B. Basis of Evaluation: The proposal demonstrates a commitment of adequate staff, experienced in disciplines critical to the successful completion of program objectives including project management, school food service operations, commodity processing contracts, food procurement and bid specifications, institutional food technology, data base management, training and technical assistance. KEY PERSONNEL (FEB 1988) (a) The Contractor shall assign to this contract the following key personnel: ___________________________ ___________________________ ___________________________ (b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions. (c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel. 9.1.4 Experience (a) Relevant projects of similar scope, size, and complexity performed during the past three years (2007 through 2010). (b) References Offerors must submit descriptions of three (3) projects similar in scope, size, dollar value and complexity performed during the past three years. Include a statement as to how projects are similar in scope. Sufficient information should be provided to allow the Government to contact the agencies/organizations served and assess the quality of the services provided, see Attachment C. Basis of Evaluation: Offerors will be evaluated to determine experience working on similar projects. 9.1.5 Past Performance Provide three (3) references; use Attachment A- Past Performance Questionnaire. Attachment shall be submitted on or before date required for proposals. References will be evaluated to determine the satisfaction with the following: (a) Satisfied its customers (a) Complied with federal, state, and local laws and regulations; (b) Quality and timeliness of the offeror's work; (c) Reasonableness of its prices, costs, and claims; (d) Reasonableness of its business behavior-its willingness to cooperate and helpfulness in solving problems; (e) Concern for the interests of the customer; (f) Integrity; and (g) Projects of similar in scope, size, complexity Past performance is a measure of the degree to which an offeror, as an organization has performed. References should be of those individuals the most knowledgeable of the offerors' past performance and contact information for those references must be accurate and current. Please have three (3) references complete the Attachment A- Past Performance Questionnaire. The evaluation of past performance on completed projects will be a subjective assessment based upon a consideration of all relevant facts and circumstances. Past performance will be evaluated as a measure of the Government's confidence in the offeror's ability to successfully perform this project based on demonstrated relevant and recent performance. The Government is seeking to determine whether the offeror has consistently demonstrated knowledge of and a commitment to customer satisfaction with timely delivery of services at fair and reasonable prices. In evaluating the offeror's past performance on completed projects, the Government may consider information in the offeror's proposal and information from other sources, including references, past and current customers, Government agencies and any other sources deemed necessary. In the case that an offeror fails to provide past performance references, no past performance information is available, or no past performance questionnaires of the offeror's past performance references are completed, a neutral evaluation of the offeror will be given with respect to the past performance criterion. 9.1.6 Cost & Price Analysis Price analysis will be performed to determine completeness, reasonableness, and understanding of the work. The evaluation will determine the adequacy of the offer in fulfilling the requirements of the proposal. Completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP. Reasonableness will be established using historical price information, price competition information, the Independent Government Estimate (IGE), and any other pricing tools necessary. Price will not be rated, but will be a factor in making the final best value determination for award. 9.1.7 Business Proposal A. Offeror shall: (1) Furnish financial statements for the last two years, including an interim statement for the current year, unless previously provided to the office issuing the solicitation, in which case, a statement as to when and where this information was provided may be furnished instead. (2) Specify the financial capacity, working capital and other resources available to perform the contract without assistance from any outside source. (3) Provide the name, location and intercompany pricing policy for other divisions, subsidiaries, parent company, or affiliated companies that will perform work or furnish materials under this contract. (4) Provide an estimated cash flow. Each offeror is required to submit a schedule of proposed, monthly costs for the planned duration of the contract. 9.1.8 Business proposal will not be rated but will factor in making the final best value determination for award. 10.0 Relative Importance of Evaluation Factors Award will be made to the offeror whose technical proposal and price provide the best value to the government. The technical factors, when combined, are slightly more important than price. Of the technical factors, Factor 1 - Technical Approach is considered the most important followed by Factor 2 - Management/Experience, and Factor 3- Past Performance. If two or more offers are considered technically equivalent, price or cost may become of primary importance in determining the proposal most advantageous to the Government. 11.0 Adjectival Rating The evaluator shall select one of the adjectival ratings below that most clearly match the assessment of the proposal merit based on the established evaluation criteria. All offers shall be assigned one of the below adjective ratings for all associate factors. EXCEPTIONAL (E): The proposal greatly exceeds stated requirements, as reflected through an innovative, comprehensive, outstanding approach. The response is complete in terms of the basic content and level of information the government seeks for evaluation. There is a high probability of success and negligible risk that this offeror would fail to meet the quantity, quality, and schedule requirements. There are no deficiencies or weaknesses. HIGHLY ACCEPTABLE (H): The proposal exceeds stated requirements. The response is complete in terms of the basic content and level of information the government seeks for evaluation. There is a high probability of success and little or no risk that this offeror would fail to meet the quantity, quality, and schedule requirements. There are no deficiencies or significant weaknesses, but there may be minor weaknesses that need not be corrected to make award. ACCEPTABLE (A): The proposal meets the stated requirements. The response is considered complete in terms of the basic content and level of information the government seeks for evaluation. There is good probability of success and little risk that this offeror would fail to meet the quantity, quality, and schedule requirements. Weaknesses, if any, are minor and need not be corrected to make award. MARGINAL (M): The proposal significantly fails to meet the stated requirements. The response is considered incomplete or inadequate in terms of the basic content and level of information the government seeks for evaluation. There is a low probability of success based on the present information. There are deficiencies and/or significant weaknesses, susceptible to correction through discussions and a major revision or a new proposal being submitted. UNACCEPTABLE (U): The proposal significantly fails to meet the stated requirements. What was submitted lacks essential information or is conflicting and unproductive. There is no reasonable likelihood of success; deficiencies are so major or extensive that a major revision or complete rewrite of the proposal would be necessary. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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):www.acquisition.gov/far. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. 52.202-1 Definitions 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.213-4 Instructions to Offerors- Commercial Items. 52.212-2 Evaluation-Commercial Items 52-212-3 Offeror Representations and Certifications-Commercial Items 52-212-4 Contract Terms and Conditions- Commercial Items 52-212-5 Contract Terms and Conditions Required to Implement Statues of Executive Orders- Commercial Items 52.216-18 Ordering 52.216-19 Order Limitations 52.216-22 Indefinite Quantity 52-216-24 Limitation of Government Liability 52.217-8 Option To Extend Services 52.217-9 Option to Extend the Term of the Contract 52.204-9 Personal Identity Verification of Contractor Personnel (sep 2007) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. 52.227-23) (JUN 1987) Except for the data contained on pages:__________, it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the government shall have unlimited rights (as defined in the "Rights in data -- General" clause contained in this contract) in and to the technical data contained in the proposal dated:__________ , uponwhich this contract is based. A-12 SUPPLIES OR SERVICES AND PRICES 12.1 This is a commercial item, performance based, combination firm fixed-price indefinite quantity contract (FFP/IDIQ). Offerors shall enter unit prices and amounts for contract line items (base and all option periods as well as indicate the overall total of base and all option periods) as indicated in the schedules. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended price and the total of the contract line item will be recomputed to take into account the change in the contract item. If the offeror(s) provides a total amount for a contract but fails to enter the unit price, the total amount divided by the contract line item quantity will be held to be the intended unit price. BASE PERIOD ITEM NUMBER SUPPLES/SERVICES UNIT LOT UNIT PRICE AMOUNT 001 SERVICES BASE PERIOD FFP The purpose of this contract is to obtain contractor support services necessary to administer the Government's purchase plan and monitor compliance of the Cash CLOC Programs. OPTION PERIOD 1 ITEM NUMBER SUPPLES/SERVICES UNIT LOT UNIT PRICE AMOUNT 002 SERVICES BASE PERIOD FFP The purpose of this contract is to obtain contractor support services necessary to administer the Government's purchase plan and monitor compliance of the Cash CLOC Programs. OPTION PERIOD 2 ITEM NUMBER SUPPLES/SERVICES UNIT LOT UNIT PRICE AMOUNT 003 SERVICES BASE PERIOD FFP The purpose of this contract is to obtain contractor support services necessary to administer the Government's purchase plan and monitor compliance of the Cash CLOC Programs. OPTION PERIOD 3 ITEM NUMBER SUPPLES/SERVICES UNIT LOT UNIT PRICE AMOUNT 004 SERVICES BASE PERIOD FFP The purpose of this contract is to obtain contractor support services necessary to administer the Government's purchase plan and monitor compliance of the Cash CLOC Programs. OPTION PERIOD 4 ITEM NUMBER SUPPLES/SERVICES UNIT LOT UNIT PRICE AMOUNT 005 SERVICES BASE PERIOD FFP The purpose of this contract is to obtain contractor support services necessary to administer the Government's purchase plan and monitor compliance of the Cash CLOC Programs. INDEFINITE-QUANTITY SCHEDULE ITEM NUMBER QUANTITY UNIT HOURS UNIT PRICE AMOUNT 0001-001 660 BASE PERIOD IDIQ Offeror is to provide Research Assistance ITEM NUMBER QUANTITY UNIT HOURS UNIT PRICE AMOUNT 0002-002 660 BASE PERIOD IDIQ Offeror is to provide Research Assistance ITEM NUMBER QUANTITY UNIT HOURS UNIT PRICE AMOUNT 0003-003 660 BASE PERIOD IDIQ Offeror is to provide Research Assistance ITEM NUMBER QUANTITY UNIT HOURS UNIT PRICE AMOUNT 0004-004 660 BASE PERIOD IDIQ Offeror is to provide Research Assistance TOTAL VALUE tiny_mce_marker_________.00 ATTACHMENT A PAST PERFORMANCE THIS FORM IS PROVIDED FOR THE PURPOSE OF PROVIDING TO AND SUBMITTAL BY THE OFFEROR'S REFERENCES PAST PERFORMANCE QUESTIONNAIRE FOR PLAN NUMBER P-10-262 The contractor listed below is being considered in a Source Selection by USDA, Food and Nutrition Service (FNS), Contract Management Division (CMD), 3101 Park Center Drive, Room 222, Alexandria, VA 22302. It would be appreciated if you would provide us with comments regarding the contractor's past performance. Your comments are considered Source Selection Sensitive; therefore, you are advised that the Federal Acquisition Regulation (15.1004) prohibits the release of the names of individuals providing reference information about an Offeror's past performance. In order to maintain the integrity of the source selection process, respectfully request that you do not divulge the name of the contractor nor discuss your comments on this questionnaire with any other individuals. This form shall be FAX or Emailed to: Sabrina Mathis, at (703) 305-2071 or email to [email protected]. Any questions regarding this matter, please contact Ms. Mathis at (703) 305-2268. Past Project Information: 1. Contractor name and address: 2. Project Title and/or Contract Number: Evaluator (The following information will assist in the analysis of the data. Information will be kept confidential.) 1. Name of Evaluator:______________________________Date:_____________ 2. Phone Number:__________________Fax Number:________________ 3. Address:________________________________________________________ 4. Position held or function in relation to the project:_______________________ RATINGS: Please evaluate the contractor's performance using the following ratings: "E" Exceptional - The contractor's performance greatly exceeded the stated requirements. "HA" Highly Acceptable - The contractor's performance exceeded the stated requirements. "A" Acceptable - The contractor's performance met the stated requirements. "M" Marginal - The contractor's performance met the stated requirements, but with difficulty. "U" Unacceptable - The contractor's performance did not meet the stated requirements. Please rate and provide any supporting information for the following: (Use additional sheets as necessary) 1. The relationship between the contractor and the customer's contract team. ____________________________________________________________________________________________________________________________________________ 2. The contractor's on-site management and coordination of subcontractors. ____________________________________________________________________________________________________________________________________________ 3. The contractor's overall corporate management, integrity, reasonableness and cooperative conduct. ____________________________________________________________________________________________________________________________________________ 4. The contractor provided competent program/project manager, supervisor, and workers ____________________________________________________________________________________________________________________________________________ 5. The contractor's quality control. ____________________________________________________________________________________________________________________________________________ 6. The contractor's ability to meet the performance schedule. ____________________________________________________________________________________________________________________________________________ ATTACHMENT B PERSONNEL RESUME FORM NAME OF CURRENT EMPLOYER ADDRESS PHONE WORK EMPLOYER WILL PERFORM NAME OF EMPLOYEE PROPOSED POSITION/TITLE EDUCATION/DEGREE(S) PROFESSIONAL REGISTRATION (S) STATE (S) OF REGISTRATION DISCIPLINE Describe types and amounts (years) of technical experience with this company and prior companies: If applicable, describe types and amounts (years) of managerial experience with this company and prior companies. Include number of persons supervised: What past experience or expertise does this individual possess that will be of most value in this position: References (3 REQUIRED): Provide name, company, title and current telephone number of persons who have firsthand knowledge of this individual's experience, performance and capabilities: ATTACHMENT C OFFEROR'S EXPERIENCE PROJECT NUMBER: PROJECT TITLE: PROJECT LOCATION: Provide a brief description of scope and similarities to this contract: Provide an analysis of the statement of work and the similarities to this contract: Provide a brief description of problems encountered and your corrective action taken. Identify events that endangered the satisfactory performance of the project and how you respond to the event. Provide point of contact, title and current telephone number of client/end user who has firsthand knowledge of your performance on this project: Three projects required.