MASTER CATERED MEALS BLANKET PURCHASE AGREEMENT (BPA)
UTAH NATIONAL GUARD (UTNG) COMBINED SYNOPSIS/SOLICITATION FOR CATERED AND BOXED MEALS BLANKET PURCHASE AGREEMENT Synopsis: 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 separate written solicitation will not be issued. This solicitation is issued as a request for proposal (RFP). This acquisition is utilizing NAICS code 722320 Caterers with the small business size standard being $7.5M. This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. This requirement is subject to availability of funding per FAR 52.232-18. Eligibility for Award: Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov as of the date of award determination to be eligible for award. Offeror must maintain a current registration in SAM for the entire duration of the BPA in order to eligible for BPA Calls and to facilitate disbursement of payments. Offeror shall ensure all representations and certifications are current in SAM as a condition of award. Set Aside: Any awards resulting from this solicitation will be made using a TOTAL SMALL BUSINESS SET-ASIDE order of precedence as follows: In accordance with FAR Subpart 19.502-2 Total Small Business Set-Aside Procedures, any awards under this solicitation will be made on a competitive basis first to small business concerns in accordance with FAR 19.502-2. If there are no acceptable offers from small business concerns, the set-aside shall be withdrawn and the requirement, if still valid, will be made on the basis of full and open competition considering all offers submitted by responsible business concerns. Evaluation: Award of a BPA shall be made on the basis of Lowest Price Technically Acceptable (LPTA) evaluation criteria considering the base period. An award of BPA will be made to the contractor(s) who offer the lowest rate pricing that does not exceed the maximum allowable rates for meals. The Contractor’s offer shall demonstrate tough their offer that they will meet or exceed the technical requirements stated within the Performance Work Statement. Issuance of BPA calls shall be made on the basis of established rates from a contractor that is most advantageous to the Government, can service the location of the requirement, and whom has the capability to fulfill the requirement within the time period necessary. Orders: Upon issuance of a Blanket Purchase Agreement, the Contractor may process orders under this BPA tough the issuance of a BPA call or may process orders utilizing a Government Purchase Card (GPC) when authorized. The BPA call may include a Delivery Schedule which will break out the units serviced by a particular call, points of contact for the requirement, locations to be served, projected dates of services and projected numbers of meals authorized by the call. A BPA call may be issued to support the organizational requirements over a multiple month period of performance. Payment by Government Purchase Card (GPC): Purchases under this Blanket Purchase Agreement may be made by an Ordering Officer in the UTARNG with a Government Purchase Card (GPC) as an alternate form of payment when authorized. Terms established by Contractor’s Blanket Purchase Agreement shall be the same. Advancement of charges is not authorized. Contractor shall not charge the Government prior to delivery of goods or rendering services. Charges shall be made on or after the day of delivery and consolidated into one charge for the total amount. Invoices: An itemized invoice shall be submitted electronically tough Wide Area Workflow (WAWF) located at https://piee.eb.mil/piee-landing/ for each BPA call received when services are performed. If the BPA call covers multiple units and/or multiple months of performance; the Contractor is authorized to submit multiple invoices against the BPA call by Contract Line Item Number (CLIN). When the Contractor is submitting an invoice in WAWF, it is critical that the Contractor does not check final invoice against a Contract Line Item Number or the BPA call unless it is the final invoice they will submit against that particular BPA call. Failure to do this may result in delay of payment. In addition, draft paper invoices will be emailed to the “Authorized Caller” and Contracting Officer Representative (COR) that initiates the services with the Contractor. This is to clear up any discrepancies prior to the invoice being entered into WAWF and to help facilitate receipt of services by the Government. Paper Invoices shall contain the following minimum information: Contractor Name, address, and phone number. BPA Call number (if applicable). Date(s) of delivery. Purchase Request reference number (if applicable) Quantities delivered, unit cost, and total cost. Invoice total amount due. The Utah National Guard is a federal government entity, and as such is exempt from all local, state, and federal taxes, including but not limited to sales taxes. Any charges or invoicing that includes taxes shall be disputed/declined by Government, if charged or invoiced by Contractor. Electronic Invoicing tough Wide Area Workflow (WAWF): To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) tough WAWF. Additional information and registration for WAWF can be completed online at https://piee.eb.mil/piee- landing/. Payment will be made by DFAS office designated in the BPA. All payments will be made by electronic transfer of funds (EFT). The Government will make payment tough WAWF upon satisfactory completion of work and proper invoice that permits certification for payment. Payment: Upon verification of invoices / charges submitted tough WAWF by authorized UTNG personnel, the invoice will be paid by Electronic Funds Transfer (EFT) IAW the Prompt Payment Act as the primary form of payment, but may be made by GPC when authorized. Submission of Proposals: The Government anticipates making award without discussions. Therefore, Offeror should submit their best and final offer to include any alternate proposals. The Contractor must ensure that all components of their pricing and technical proposal are included in their submission. The Government reserves the right to make an award of BPA(s) solely on initial proposals received. Offerors bear the burden of ensuring that proposals (and any authorized amendments and samples) reach the designated office on time and should allow a reasonable time for e-mail transmissions to be completed. All pages of the proposal must reach the office before the deadline specified in this solicitation. The Contractor bears the risk of non-receipt of mailed or electronically transmitted proposals and should confirm receipt. Late or incomplete proposals MAY not be considered, unless the Contracting Officer determines if it is in the best interest of the government to accept the late proposal. All questions must be addressed to the Contracting Officer in writing by email. Close of Questions will be on the solicitation will be July 13, 2023 at 11:00 a.m. MST. All proposals are due NLT July 13, 2023 at 11:00 a.m. MST by email or posting on SAM.gov. Questions and proposals can be emailed to William (Billy) T. Brown at William.t.brown68.civ@army.mil-mailed proposals must be in adobe acrobat (.pdf) format. Proposals can also be delivered as hard copy, via commercial carrier, postal service, or personal delivery to 12953 S Minuteman Dr. Draper, Utah 84020. Please direct all mailed proposal submissions to William (Billy) T. Brown III, Purchasing and Contracting. Please email any tracking numbers for mailed proposals. Business hours are Monday tough Thursday 7:00 a.m. tough 4:00 p.m. Attachments: Wage Determination No. 2015-5489 Revision No. 20, dated 27 DEC 2022 Provisions and Clauses: The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses are applicable to this solicitation: 52.203-3 – Gratuities. 52.203-12 – Limitation On Payments To Influence Certain Federal Transactions 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 52.204-9 Personal Identity Verification of Contractor Personnel. 52.204-16 Commercial and Government Entity Code Reporting. 52.204-18 Commercial and Government Entity Code Maintenance. 52.204-19 Incorporation by Reference of Representations and Certifications. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-26 Covered Telecommunications Equipment or Services-Representation. 52.212-1 Instructions to Offerors-Commercial Items. 52.212-3 Offeror Representations and Certifications-Commercial Items. 52.212-4 Contract Terms and Conditions-Commercial Items. 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). 52.223-5 Pollution Prevention and Right-to-Know Information 52.228-5 Insurance - Work On A Government Installation 52.232-18 Availability Of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation 52.237-3 Continuity Of Services52.242-13 Bankruptcy 52.243-1 Changes--Fixed Price 52.243-1 Alt 1 Changes--Fixed Price (Aug 1987) - Alternate I 52.246-4 Inspection Of Services--Fixed Price 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7002 Payment For Contract Line or Subline Items Not Separately Priced 252.204-7003 Control Of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.205-7000 Provision Of Information To Cooperative Agreement Holders 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism 252.219-7011 Notification to Delay Performance 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 252.232-7010 Levies on Contract Payments 252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001 Pricing Of Contract Modifications 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2020) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). (5) [Reserved]. (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note). _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (10) [Reserved]. (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a). (ii) Alternate I (Mar 2020) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (Mar 2020) of 52.219-4. (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644). (ii) Alternate I (Mar 2020) of 52.219-6. (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644). (ii) Alternate I (Mar 2020) of 52.219-7. _X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). (ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate II (Nov 2016) of 52.219-9. (iv) Alternate III (Jun 2020) of 52.219-9. (v) Alternate IV (Jun 2020) of 52.219-9 (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). (ii) Alternate I (Mar 2020) of 52.219-13. (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). _X_ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)). _X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126). _X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (30)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (ii) Alternate I (Jul 2014) of 52.222-35. _X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (ii) Alternate I (Jul 2014) of 52.222-36. _X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). _X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). _X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Oct 2015) of 52.223-13. (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). (46) 52.223-21, Foams (Jun2016) (E.O. 13693). (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). (ii) Alternate I (Jan 2017) of 52.224-3. (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (iii) Alternate II (Feb 2006) of 52.247-64. The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). _X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). _X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). _X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). _X_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215- 2, Audit and Records-Negotiation. The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509). 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable teshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67). (xiii) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67). 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67). 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). Alternate I (Jan 2017) of 52.224-3. 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-8 -- Option to Extend Services. As prescribed in 17.208(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration of agreement. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within 15 Days of the expiration of agreement; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months. (End of clause) 52.222-42 -- Statement of Equivalent Rates for Federal Hires. As prescribed in 22.1006(b), insert the following clause: Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Occupation Code Title Rate 01667 (GS-4 Step 1) Food Services $14.95 (End of Clause) 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond FY2020. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond FY2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.233-2 -- Service of Protest. As prescribed in 33.106, insert the following provision: Service of Protest (Sep 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USPFO- P&C 12953 S Minuteman Dr. Draper, UT 84020. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 52.252-1 Solicitation Provisions Incorporated by Reference. As prescribed in 52.107(a), insert the following provision: Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/ (End of provision) 52.252-2 Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: 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): https://acquisition.gov/ (End of clause) 52.252-6 Authorized Deviations in Clauses. As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause. Authorized Deviations in Clauses (Apr 1984) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of clause) 252.225-7031 Secondary Arab Boycott of Israel. As prescribed in 225.7605, use the following provision: SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) Definitions. As used in this provision— Foreign person means any person (including any individual, partnership, corporation, or other form of association) other than a United States person. United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. United States person is defined in 50 U.S.C. App. 2415(2) and means— Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person); Any domestic concern (including any permanent domestic establishment of any foreign concern); and Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern. Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it— Does not comply with the Secondary Arab Boycott of Israel; and Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking. (End of provision) 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. As prescribed in 225.771-5, use the following provision: Disclosure of Ownership or Control by THE GOVERNMENT OF A COUNTRY That is a State Sponsor of Terrorism (DEC 2018) Definitions. As used in this provision— Government of a country that is a state sponsor of terrorism includes the state and the government of a country that is a state sponsor of terrorism, as well as any political subdivision, agency, or instrumentality thereof. Significant interest means— Ownership of or beneficial interest in 5 percent or more of the firm s or subsidiary s securities. Beneficial interest includes holding 5 percent or more of any class of the firm s securities in nominee shares, street names, or some other method of holding securities that does not disclose the beneficial owner; Holding a management position in the firm, such as a director or officer; Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or Holding 50 percent or more of the indebtedness of a firm. State sponsor of terrorism means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, North Korea, Sudan, and Syria. Prohibition on award. In accordance with 10 U.S.C. 2327, unless a waiver is granted by the Secretary of Defense, no contract may be awarded to a firm if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in— The firm; A subsidiary of the firm; or Any other firm that owns or controls the firm. Representation. Unless the Offeror submits with its offer the disclosure required in paragraph (d) of this provision, the Offeror represents, by submission of its offer, that the government of a country that is a state sponsor of terrorism does not own or control a significant interest in— The Offeror; A subsidiary of the Offeror; or Any other firm that owns or controls the Offeror. Disclosure. The Offeror shall disclose in an attachment to its offer if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in the Offeror; a subsidiary of the Offeror; or any other firm that owns or controls the Offeror. The disclosure shall include— Identification of each government holding a significant interest; and A description of the significant interest held by each government. (End of provision)
W911YP23R0019 Department of the Army Utah Army National Guard
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