189th GSAB_Hardin_AT_Solicitation.docx
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- Catering for 189 GSAB Hardin, MT
- Solicitation number
- W9124V23Q0016
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SOLICITATION OF CATERERS: 1-189th GSAB, Hardin MT (BIG HORN COUNTY AIRPORT)
DATES OF TRAINING: 6 JUNE 2023 – 13 J UNE 2023
1. GENERAL
The Vendor shall provide prepared meals during 06JUN-13JUN 2023 to support 189th GSAB at Big Horn County Airport in Hardin, MT. The intent is to have a vendor provide a high quality, hearty and filling meal cooked under commercial standards. All meals shall be well balanced for nutritional value while providing variety and proper daily caloric needs.
The Government will award a Firm Fixed Price (FFP) contract resulting from the responsible offeror whose quote will be most advantageous to the Government using the following evaluation factors:
a. Quoter’s technical capabilities when compared to the RFQ
i. Includes menu
b. Price
c. Past Performance based on a review of FAPIIS, SPRS, or other means.
This is a Small Business Set-aside under the National American Industry Classification System (NAICS) code 722320, “Caterers” (standard size is up to but no greater than $12 million).
NOTE: If this NAICS is not listed as one of your organization’s codes in the System for Award Management (SAM) website, you will need to certify your business size for this NAICS (prior to award), via FAR Clause 52.212-3, Alternate I, Offeror Representations and Certifications---Commercial Items Alternate I
2. INSTRUCTION TO QUOTERS
2.1 Quotes shall be submitted by email ONLY and sent to Chelsea.l.lloyd.civ@army.mil.
Questions regarding this solicitation can be emailed to the same email address above or phone 406.324.3404
2.2 SUSPENSE DATE for quotes is 27 April 2023, 12:00 pm MST. It is the quoter’s responsibility to verify Government has received your quote.
2.3 Prior to Contract award the business shall be registered in System for Award Management (SAM) website http://www.sam.gov. Registration is free and assistance can be provided by the Montana Procurement Technical Assistant Centers (PTAC), http://www.montanaptac.org/.
2.4 If SAM registration is not in progress or sufficient progress is not made in a timely manner, the business may be deemed technically not acceptable for contract award.
2.5 This requirement will be invoiced and paid using Wide Area Work Flow at https://wawf.eb.mil
2.6 Contract Line Items
CLIN 0001 – Breakfast, 1092 meals CLIN 0002 – Dinner, 1437 meals CLIN 0003—Midnight, 480 meals
3. SPECIFICATIONS
BREAKFAST MEALS (total) – 1092 DINNER MEALS (total) – 1437 MIDNIGHT MEALS (total) ˗ 480
*Midnight meals and beverages are requested to be sack meals or clam shells of food that were kept cool after the dinner meal had been prepared. These meals, shall be delivered in separate containers, during Dinner Meals, to be set aside for later consumption. The intent is not to have someone from the catering staff serve anyone or make any additional food so late in the evening.
3.1 Period of Performance (POP): Dinner on 06 June 2023 ending with breakfast 13 June 2023.
3.2 Vendor shall submit a proposed example menu for the POP with caloric values of all planned meals.
3.3 Vendor shall provide adequate personnel to deliver all food items and beverages in a timely manner.
3.4 Vendor shall not repeat meals for the duration of this contract. Vendor shall diversify meat for main course, as in not repeating the same main protein twice in one day. For example, cooking beef for lunch and dinner.
3.5 Vendor shall provide meals that offer variety, contrast in texture, flavor, and color. Meals shall be comparable to a good quality restaurant prepared meal.
a. Each evening meal shall consist of a protein; potato, pasta or rice; a vegetable; and a salad option.
b. Each morning meal shall consist of at least two protein options; hot and cold cereal options; fruit
c. Salads shall be served with each dinner. If salad bar is used, shall consist of a variety of fresh leafy greens with spinach option and individual containers of, at a minimum, 5 raw vegetables such as olives, cucumbers, carrots, etc. Shredded cheese, croutons/crackers, and no fewer than three choices of salad dressings shall be offered. A minimum of one fat-free dressing along with oil and vinegar shall be among the salad dressing choices offered. If salads are made prior, a “house” style salad shall consist of, at a minimum, mixed lettuce, tomatoes, carrots, cucumber, shredded cheese, croutons and choices of dressing.
d. Fresh fruits shall be available as an option at every meal.
e. Coffee, coffee creamer, sugar, cups and stir sticks shall be provided each day with breakfast.
f. Cooling and Warming beverages shall be delivered with each breakfast, dinner, and midnight meal.
3.6 Vendor shall provide servings of fresh milk for 45% - 50% of estimated patrons in addition to water, coffee each day with two types of juice, orange juice as one breakfast juice option. Fresh one-percent white milk shall be the primary milk beverage.
3.7 Vendor shall provide all condiments (i.e. mayonnaise, mustard, ketchup, steak sauce, hot sauce, pickles, salad dressings, syrup, salt and pepper, etc.) to compliment the meals being served.
3.8 Vendor shall serve buffet style, Ala Carte ordering is strictly prohibited.
3.9 The quality and serving sizes of the food served shall be equivalent to commercially available prepared meals. The Vendor is also responsible for portion control, allowing second plates if all individuals have received their first plate of food.
3.10 All potentially hazardous food shall be maintained at: 135F ( 57C) or above for hot food items and served in shallow pans (4 inch) or 41 F (5C) or less for cold food items to prevent the spread of bacteria.
3.11 Vendor shall comply with all FDA Food Code guidelines. Most current version is 2017 but it is the responsibility of the quoter to keep current with FDA Food Codes. The following website can be used to check for the latest version:
https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/default.htm
3.12 Vendor shall purchase food in the performance of this contract only from approved vendors IAW the FDA Food Code guidelines. A list of food sources must be provided upon request. All foods shall be purchased from American owned businesses.
3.13 The meal counts are approximate and listed at the maximum capacity, not-to-exceed amount. The government point of contact will provide a more accurate count of meals no later than 48 hours prior to meal. The Government will not be responsible to pay for meals above the scheduled units head count that are not served. If less than 48-hour notice cancellation of meals causes the vendor to incur otherwise non-billable costs for perishable food, the vendor shall be reimbursed for those food costs provided the food has no alternative business use and is itemized and approved by the contracting officer for reimbursement.
3.14 Vendors shall follow all Federal, State and Local laws, regulations, policies, and have the necessary permits and insurance pertaining to the appropriate food industry.
4. FACILITIES
4.1 The vendor shall be able to deliver meals to location during the performance of this contract. Mobile catering service is recommended. All serving utensils, eating utensils, cups, plates, pans, serving tables and anything else that is needed to eat the meal shall be the responsibility of the vendor.
4.2 The vendor shall be responsible for their own power and water.
4.3 Vendor shall be responsible for their own disposal and transportation of waste.
4.4 Vendor shall ONLY contact the government point of contact, Food Service Manager, or the Contract Specialist to address any concerns or clarify questions after contract award. Only the Contracting Officer can approve any changes outside the scope of the specifications or any request which could change the contract terms and conditions to include funding.
5. SECURITY
5.1 Vendor shall ensure the physical security of food and beverages from the point of purchase to the point of receipt at Big Horn County Airport, Hardin, MT.
6. MEAL TIMES AND MEAL COUNTS:
DATE OF MEAL: 06 JUNE 2023 (FIRST MEAL)
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 25 Soldiers.
DATE OF MEALS: 07 JUNE 2023
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 25 Soldiers.
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
MIDNIGHT: Will begin no later than 2330 and end no earlier than 0030 and will be delivered to BIG HORN COUNTY AIRPORT for 65 Soldiers.
DATE OF MEALS: 08 JUNE 2023
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 182 Soldiers.
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
MIDNIGHT: Will begin no later than 2330 and end no earlier than 1230 and will be delivered to BIG HORN COUNTY AIRPORT for 65 Soldiers.
DATE OF MEALS: 09 JUNE 2023
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 182 Soldiers.
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
MIDNIGHT: Will begin no later than 2330 and end no earlier than 1230 and will be delivered to BIG HORN COUNTY AIRPORT for 65 Soldiers.
DATE OF MEALS: 10 JUNE 2023
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 152 Soldiers.
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
MIDNIGHT: Will begin no later than 2330 and end no earlier than 0030 and will be delivered to BIG HORN COUNTY AIRPORT for 95 Soldiers.
DATE OF MEALS: 11 JUNE 2023
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 152 Soldiers.
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
MIDNIGHT: Will begin no later than 2330 and end no earlier than 1230 and will be delivered to BIG HORN COUNTY AIRPORT for 95 Soldiers.
DATE OF MEALS: 12 JUNE 2023
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 152 Soldiers.
DINNER: Will begin no later than 1700 and end no earlier than 1900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
MIDNIGHT: Will begin no later than 2330 and end no earlier than 0030 and will be delivered to BIG HORN COUNTY AIRPORT for 95 Soldiers.
DATE OF MEALS: 13 JUNE 2023 (LAST MEAL)
BREAKFAST: Will begin no later than 0700 and end no earlier than 0900 and will be delivered to BIG HORN COUNTY AIRPORT for 237 Soldiers.
ADDITIONAL COMMENTS:
1 gluten allergy present for: Dinner and Midnight meal.
Higher calorie meals required due to training tempo 50 lbs of bagged ice per day.
7. LOCATION
7.1 Big Horn County Airport, Hardin, MT.
PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUN 2020 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| AUG 2020 |
| 52.204-17 |
| Ownership or Control of Offeror |
| AUG 2020 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-20 |
| Predecessor of Offeror |
| AUG 2020 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities |
| NOV 2021 |
| 52.204-25 |
| Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment |
| NOV 2021 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| NOV 2021 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.212-2 |
| Evaluation - Commercial Items |
| NOV 2021 |
| 52.212-3 Alt I |
| Offeror Representations and Certifications--Commercial Products and Commercial Services (DEC 2022) Alternate I |
| OCT 2014 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Products and Commercial Services |
| DEC 2022 |
| 52.212-5 (Dev) |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021) |
| MAR 2023 |
| 52.219-6 Alt I |
| Notice of Total Small Business Set-Aside (NOV 2020) Alternate I |
| MAR 2020 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| MAR 2023 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-22 |
| Previous Contracts And Compliance Reports |
| FEB 1999 |
| 52.222-25 |
| Affirmative Action Compliance |
| APR 1984 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUN 2020 |
| 52.222-50 |
| Combating Trafficking in Persons |
| NOV 2021 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| JUN 2020 |
| 52.226-6 |
| Promoting Excess Food Donation to Nonprofit Organizations |
| JUN 2020 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| NOV 2021 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| DEC 2022 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| SEP 2022 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| JAN 2023 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| JAN 2023 |
| 252.204-7016 |
| Covered Defense Telecommunications Equipment or Services -- Representation |
| DEC 2019 |
| 252.204-7017 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation |
| MAY 2021 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2023 |
| 252.204-7019 |
| Notice of NIST SP 800-171 DoD Assessment Requirements |
| MAR 2022 |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements |
| JAN 2023 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| JAN 2023 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JAN 2023 |
| 252.225-7000 |
| Buy American--Balance Of Payments Program Certificate--Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program--Basic |
| JAN 2023 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| APR 2022 |
| 252.225-7036 |
| Buy American--Free Trade Agreements--Balance of Payments Program--Basic |
| JAN 2023 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.225-7055 |
| Representation Regarding Business Operations with the Maduro Regime |
| MAY 2022 |
| 252.225-7056 |
| Prohibition Regarding Business Operations with the Maduro Regime |
| JAN 2023 |
| 252.225-7972 (Dev) |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015) |
| MAY 2020 |
| 252.225-7973 (Dev) |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020-O0015) |
| MAY 2020 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.232-7017 |
| Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration |
| JAN 2023 |
| 252.244-7000 |
| Subcontracts for Commercial Products or Commercial Services |
| JAN 2023 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| JAN 2023 |
PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
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
(End of clause)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DEFENSE FEDERAL ACQUISITION REGULATIONS SUPPLEMENT, DEPARTMENT OF DEFENSE (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of DEFENSE FEDERAL ACQUISITIONS REGULATION SUPPLEMENT, DEPARTMENT OF DEFENSE (48 CFR CHAPTER 2)clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES (JAN 2023)
(a) Definitions. As used in this clause--
Covered defense telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;
(2) Telecommunications services provided by such entities or using such equipment; or
(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Covered foreign country means--
(1) The People's Republic of China; or
(2) The Russian Federation.
Covered missions means--
(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or
(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.
(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Reporting.
(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
INVOICE AS: COMBO
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| HQ0670 |
| Issue By DoDAAC |
| W9124V |
| Admin DoDAAC** |
| W9124V |
| Inspect By DoDAAC |
| W90KKN |
| Ship To Code |
| W90KKN |
| Ship From Code |
| ____ |
| Mark For Code |
| ____ |
| Service Approver (DoDAAC) |
| ____ |
| Service Acceptor (DoDAAC) |
| ____ |
| Accept at Other DoDAAC |
| W90KKN |
| LPO DoDAAC |
| ____ |
| DCAA Auditor DoDAAC |
| ____ |
| Other DoDAAC(s) |
| ____ |
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
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