08.02_Solicitation.pdf

PDF 377 KB Posted Apr 16, 2019

Attached to: Dallas AOR Meal Packages Federal contract opportunity
Solicitation number: 192119FDADAL00186
Issued by: Immigration and Customs Enforcement

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File	Type	Posted
01.03_Statement_of_Work_-_Food_Services.pdf	PDF	Apr 16, 2019
08.02_Att_B_Pricing_Sheet.xlsx	XLSX spreadsheet	Apr 16, 2019

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COMBINED SYNOPSIS/SOLICITATION FOR

DALLAS AOR MEAL PACKAGES

Solicitation Number: 192119FDADAL00186

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, and under the authority of FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation, No. 192119FDADAL00186, and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01. The associated North American Industry Classification System (NAICS) Code for this procurement is 722310, with a small business size standard of $20,500,000.00.

Description

The Dallas Field Office of Immigration and Customs Enforcement (ICE) requires packaged food and beverage service for the Dallas Field Office and surrounding support offices.

Calls for services will be made Monday through Saturday during the hours of 7:30 a.m. and 4:00 p.m. No calls for services or deliveries will be made on Federal Holidays.

Delivery response times shall be within 24 hours after receipt of service calls or as directed by the Contracting Officer Representative (COR). Special deliveries shall be within five (5) hours of service call. ICE needs the option to increase and/or decrease meals. Contractor will be given 24-hour notification.

Dallas Field Office & Sub Offices:

1. Dallas Field Office 8101 North Stemmons Freeway Dallas, Texas 75247 Hours of Operation

2. Oklahoma City, Oklahoma 4400 SW 44th Street Oklahoma City, OK 73119

3. Tulsa, Oklahoma 1603 South 101st East Ave Tulsa, OK 74128

Period of Performance

The Government anticipates issue of a firm-fixed price Purchase Order for this requirement. The anticipated period of performance for this purchase order totals one (1) year. No performance is permitted after expiration of the agreement.

Schedule of Services

Please submit a firm-fixed price (FFP) quote based on the line items below:

CLIN Item Description Period of Performance Quantity

Unit of

Issue

0001 Base - Dallas Field Office Delivery Estimated 700 meals weekly delivered IAW SOW

05/01/2019 -

07/31/2019 8,400 EA

0002 Base -Oklahoma City Delivery Estimated 123 meals weekly delivered IAW SOW

05/01/2019 -

07/31/2019 1,476 EA

0003 Base -Tulsa County Delivery Estimated 50 meals weekly delivered IAW SOW

05/01/2019 -

07/31/2019 600 EA

1001 Option Period 1 - Dallas Field Office Delivery Estimated 700 meals weekly delivered IAW SOW

08/01/2019 -

10/31/2019 8,400 EA

1002 Option Period 1 -Oklahoma City Delivery Estimated 123 meals weekly delivered IAW SOW

08/01/2019 -

10/31/2019 1,476 EA

1003 Option Period 1 -Tulsa County Delivery Estimated 50 meals weekly delivered IAW SOW

08/01/2019 -

10/31/2019 600 EA

2001 Option Period 2 - Dallas Field Office Delivery Estimated 700 meals weekly delivered IAW SOW

11/01/2019 -

01/31/2020 8,400 EA

2002 Option Period 2 -Oklahoma City Delivery Estimated 123 meals weekly delivered IAW SOW

11/01/2019 -

01/31/2020 1,476 EA

2003 Option Period 2 -Tulsa County Delivery Estimated 50 meals weekly delivered IAW SOW

11/01/2019 -

01/31/2020 600 EA

3001 Option Period 3 - Dallas Field Office Delivery Estimated 700 meals weekly delivered IAW SOW

02/01/2020 -

04/30/2020 8,400 EA

3002 Option Period 3 -Oklahoma City Delivery Estimated 123 meals weekly delivered IAW SOW

02/01/2020 -

04/30/2020 1,476 EA

3003 Option Period 3 -Tulsa County Delivery Estimated 50 meals weekly delivered IAW SOW

02/01/2020 -

04/30/2020 600 EA

Payment will be made only for those meals ordered and satisfactorily delivered.

Any historical data provided is strictly historical data and does not imply nor guarantee any minimum quantities. The quantities ordered are estimates only and are not guaranteed.

Please note: The price estimate must include the tentative delivery for all site locations. The pricing information is to include shipping and freight and be a firm fixed priced. The delivery driver will be required to present a valid driver’s license and proof of insurance.

Note: Quote MUST be good for 30 calendar days after the RFQ close date. Quotes received after the below-mentioned closing date and time will not be accepted. DHS, ICE is a federal agency and is tax exempt.

Basis of Award and Evaluation Factors

The Government will make a single award to the responsible Contractor whose quotation is most advantageous to the Government on a best-value basis, considering technical capability, delivery and price. Evaluation will be conducted and selection will be made in accordance with the guidelines provided in the Federal Acquisition Regulation (FAR), Homeland Security Acquisition Manual (HSAM), and this RFQ.

The Government will evaluate information based on the following evaluation criteria:

1. Technical Capability: Please describe your understanding of the requirement and your ability to meet the requirement in accordance with the Statement of Work.

2. Delivery: The Contractor shall provide details regarding delivery in accordance with the Statement of Work.

3. Price: The Contractor shall submit a firm fixed-price quote inclusive of all costs.

The evaluation factors are listed in order of importance. Note: Delivery may be more important than price.

Instruction to Offeror(s)

All quoters shall submit a firm-fixed-price quote to include a short narrative describing Contractor understanding of the requirement in accordance with the SOW and the details regarding delivery and installation in accordance with the Statement of Work and delivery date.

Partial quotes will not be accepted for this requirement. All quotations shall be sent, via email, to the Contracting Officer, Brittany Tobias, at Brittany.Tobias@ice.dhs.gov. Submission shall be received not later than 1500 EST on Tuesday, April 23, 2019. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Interested vendors must submit all questions to Brittany.Tobias@ice.dhs.gov no later than 1500 EST on Thursday, April 18, 2019. Responses to questions will be submitted to all vendors via email.

Please include the DUNS number on the quote. In order to be eligible for award, vendor must be registered and have an active System for Award Management (SAM) account.

The Government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

mailto:Brittany.Tobias@ice.dhs.gov

Quoters shall list exception(s) and rationale for the exception(s).

Any questions or concerns regarding this solicitation should be forwarded in writing, via e-mail, to the Contracting Officer, Brittany Tobias, at Brittany.Tobias@ice.dhs.gov

Contracting Office Point of Contact

Brittany Tobias, Contracting Officer

DHS | ICE | DCR | OAQ

Washington, D.C. 20536 E-mail: brittany.tobias@ice.dhs.gov Office: (202) 732-2408

Attachments:

Attachment A – Statement of Work (SOW) Attachment B – Pricing Sheet

Clauses and Provisions

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

FAR 52.212-2 Evaluation—Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Capability

2. Delivery

3. Price

Technical and delivery, when combined, is more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-3 Offerors Representations and Certifications – Commercial Items (OCT 2018) http://acquisition.gov/comp/far/index.html

Offerors must complete annual representations and certifications on-line at https://www.sam.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

(End of provision)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __30 days___ 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.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ____12______months.

(End of clause) https://www.sam.gov/

Clause(s):

CUSTOM CO ADDED TERMS AND CONDITIONS

In the case of a conflict between the terms and conditions of the contractor’s agreement and the terms and conditions of this purchase order, all applicable federal statutes and regulations shall govern.

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT – MAINTENANCE (OCT 2018)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMECIAL ITEMS (JAN 2019)

(a) 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)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(b) 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:

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

Alternate I (OCT 1995)

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUNE 2010)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

[Reserved]

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) https://www.acquisition.gov/FAR/

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

[Reserved]

52.219-3 Notice of Total HUBZone Set-Aside (NOV 2011)

Alternate I (NOV 2011)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

Alternate I (JAN 2011)

[Reserved]

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

Alternate I (NOV 2011)

Alternate II (NOV 2011)

52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003)

Alternate I (OCT 1995)

Alternate II (MAR 2004)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-9 Small Business Subcontracting Plan (AUG 2018)

Alternate I (JAN 2017)

Alternate II (NOV 2016)

Alternate III (NOV 2016)

Alternate IV (AUG 2018)

52.219-13 Notice of Set-Aside of Orders (NOV 2011)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013)

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015)

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 (DEC 2015)

52.222-3 Convict Labor (JUN 2003)

52.222-19 Child Labor – Cooperation with Authorities and Remedies (JAN 2018)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2016)

Alternate I (FEB 1999)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

Alternate I (JUL 2014)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

Alternate I (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (JAN 2019)

Alternate I (MAR 2015)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products

(MAY 2008)

Alternate I (MAY 2008)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016)

52.223-12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)

52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUNE 2014)

Alternate I (OCT 2015)

52.223-14 Acquisition of EPEAT®-Registered Televisions (JUNE 2014)

Alternate I (JUNE 2014)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

Alternate I (JUNE 2014)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.223-20 Aerosols (JUN 2016)

52.223-21 Foams (JUN 2016)

52.224-3 Privacy Training (JAN 2017)

Alternate 1 (JAN 2017)

52.225-1 Buy American – Supplies (MAY 2014)

52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act (MAY 2014)

Alternate I (MAY 2014)

Alternate II (MAY 2014)

Alternate III (MAY 2014)

52.225-5 Trade Agreements (AUG 2018)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT 2016)

52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

52.232-29 Terms for Financing of Purchases of Commercial Items (FEB 2002)

52.232-30 Installment Payments for Commercial Items (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013)

52.232-36 Payment by Third Party (MAY 2014)

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.242-5 Payments to Small Business Subcontractors (JAN 2017)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

Alternate I (APR 2003)

Alternate II (FEB 2006)

(c) 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:

52.222-17 Nondisplacement of Qualified Workers (MAY 2014)

52.222-41 Service Contract Labor Standards (AUG 2018)

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (MAY 2014)

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)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)

(d) 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 threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) 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.

(2) 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.

(3) 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.

(e)(1) 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-https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) __(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O

13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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.

(2) 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.

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147587 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147587 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1155380 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162590 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR

1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

FAR 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 address: https://www.acquisition.gov/FAR/.

HSAM 3052.209-70 PROHIBIION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland

Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

Clause(s):

CUSTOM CO ADDED TERMS AND CONDITIONS

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT – MAINTENANCE (OCT 2018)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMECIAL ITEMS (JAN 2019)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

Alternate I (OCT 1995)

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUNE 2010)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

[Reserved]

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)