24Q0035_RFQ package.pdf

May 7, 2024

To: Prospective Offerors

Subject: Request for Quotations 19PE5024Q0035 – Caterer for the US Independence Day

Celebration

The US Embassy, Lima, Peru, would like to invite your company to submit a proposal for the service of the subject. The Request for Quotations (RFQ) consists of the following sections:

1. Standard Form SF-1449

2. Statement Of Work

3. 52.212-1 Instructions to Offerors

4. FAR & DOSAR clauses

Questions regarding this RFQ must be sent in English to Mr. Christian Rivas at rivascr@state.gov no later than May 13, 2024; the answers will be advertised by May 16, 2024

The Embassy plans to award a purchase order to the responsible company submitting an acceptable quotation at the lowest price. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors regarding price quotations to be submitted. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.

Your proposal must be submitted by email in a single file using Word or PDF format to Mr.

Christian Rivas at rivascr@state.gov by May 21, 2024, at or before 10:00 a.m. (local date and time). Oral quotations will not be accepted.

Sincerely, Carlos Quimpo Contracting Officer

Enclosure: As stated

Embassy of the United States of America

Lima, Peru mailto:rivascr@state.gov mailto:rivascr@state.gov

AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR12541632

PAGE 1 OF 57 PAGES

2. CONTRACT NO. 3. AWARD/ EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19PE5024Q0035

6. SOLICITATION ISSUE

DATE

05/07/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Christian R Rivas

b. TELEPHONE NUMBER(No collect calls) (51 1) 618-2192

8. OFFER DUE DATE/

LOCAL TIME

05/21/2024 / 10:00

CODE PE500 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB EMERGING SMALL BUSINESS

9. ISSUED BY

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco ATTN: GSO/Procurement Lima

PERU

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS 8 (A) SIZE STANDARD:

13b. RATING11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Warehouse Lima

PERU

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco ATTN: GSO/Procurement Lima

PERU

CODE FACILITY

CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LIMA

AV. Lima Polo cdra 1 s/n Monterrico-Surco

ATTN: FMO / DBO

Lima 33

PERU

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ __ COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _ _______________ OFFER DATED

_ __________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

1 Solicitation to contract the catering service for the Independence Day celebration in accordance with the attached Statement of Work and related documents.

Important Note: your quote shall include a price breakdown of each proposed deliverable.

1 all

RFQ 19PE5024Q0035

(Continuation of SF-1449)

Page | 2

To assure timely and fair consideration of your proposal, you must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirement of this RFQ. Failure to provide requested information in the format specified in this section may result in an unfavorable evaluation or non-consideration of your company’s proposal.

The Offeror/Quoter shall identify and explain/justify any deviations, exceptions, or conditional assumptions taken with respect to any of the instructions or requirements of this request for quotation.

The due date to receive proposals is May 21, 2024 at 10:00 a.m.

Pricing The price shall include the price of each deliverable proposed and their components

Experience Provide a list of prior events of similar scale you have worked on with suitable references.

Validity of quotes Quotes must be valid for 60 days from the closing date of this solicitation.

Delivery date For delivery, installation and removal of furniture/equipment the Embassy will directly coordinate the details (dates, times, accesses, etc.) with the awardee only.

Payment Terms Net 30 days-payment shall be made after acceptance of the service and reception of an accurate invoice.

SAM Registration For proposals above $30K the offerors are required to have an active registration of their companies in the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information/instructions on how to register can be found at www.sam.gov .

http://www.sam.gov/

RFQ 19PE5024Q0035

(Continuation of SF-1449)

Page | 3

Proposal Format and Content

• Submit your proposal in one (1) single file in Word or PDF format. To be considered in the evaluation you must complete and submit the following:

➢ SF-1449 (fields 12, 17a, 23, 24, 30a, 30b and 30c).

➢ The Certifications and Representations applicable to your company contained in

Section 4, FAR & DOSAR clauses.

➢ Proof of your company’s registration in the System for Award Management (SAM)

(if applicable)

➢ Experience: list of events of similar scale that you have worked on with references

➢ A timeline for installation and dismantling of all equipment needed for the event

• The Government expects that competition will establish fair and reasonable prices.

However, the government reserves the right to require information other than cost and pricing data if it is later determined that said information is needed to evaluate the proposed price. Failure to provide requested information may render the offeror ineligible for award.

Page | 4

STATEMENT OF WORK

FOR CATERER

2024 INDEPENDENCE DAY CELEBRATION

Event

U.S. Embassy Lima (hereinafter “The Embassy”) will hold its 248th Independence Day celebrations at the U.S. Ambassador’s Residence (CMR) on July 2, 2024. The event will take place from 1800 to 2200 hours and will be a stand-up reception in the CMR’s garden. The theme of the 2024 celebration is “What Democracy Means to Me.”

Expected attendance is 1,000 people, and the program will include remarks by the Chief of Mission and the Chief Guest, U.S. and Peru national anthems, live music, food, and drinks. The event will be held in an open-air environment, with a main tent and ancillary tents for food, beverages, and other services.

The Contractor

The Contractor working with the Embassy is responsible for menu planning, food preparation, and cleanup after the event. The Contractor is responsible for the timely transport, delivery, and installation of all services mentioned below for the successful execution of the event.

The Contractor should ensure that installations and services provided by the Contractor support and complement all above-mentioned programs associated with the four-hour event without any issues and impediments. The Contractor shall consider these factors to design a cohesive plan and implementation of all mentioned services.

The Contractor must complete all installations and most non-food deliverables by 12:00 pm on July 1, 2024.

There will be a limited technical rehearsal and full rehearsal within 72 hours of the event. If needed, the Contractor should be able to adjust and make changes before the event on July 2, 2024.

The Ideal Contractor will:

1. Possess the capability to collaborate with the Embassy, and individually execute all installations and services for the event.

Page | 5

2. Have considerable experience and a record of successful management of events of similar magnitude.

3. Display creativity in the design of the menu as well as the execution of the theme.

4. Be able to adjust to unexpected changes in event programming and needs of the U.S.

Embassy.

5. Have management skills, including adherence to the budget, staffing, and overall professionalism.

6. Communicate promptly and thoroughly with the Embassy throughout the project timeline.

7. Coordinate and work with other contractors/vendors hired by the Embassy.

8. Speak English and be at ease communicating verbally and in writing with Embassy personnel in charge of the event.

9. Have a sufficient cultural understanding of the United States to interpret and relate to the theme.

10. Keep event costs within a given budget.

11. Arrive promptly for workdays and meetings with Embassy personnel, strictly adhering to daily start times, project timelines and deadlines. In ensuring mutual respect for agreed-upon schedules and deliverables, the Contractor should expect financial penalties in the event of avoidable delays.

12. Comply with security protocols mandated by the Embassy and the CMR.

13. Provide a POC that has English proficiency.

The Contractor is expected to deliver the following:

1. Menu Planning

a. The contractor should collaborate closely with the Embassy to design a menu that meets the theme and requirements of the Independence Day event.

b. The contractor should propose a diverse and appealing menu that offers a variety of flavors and options to cater to the tastes of all guests attending the event. This may include a mix of appetizers, main courses, side dishes, and desserts that showcase seasonal ingredients and culinary creativity.

c. The contractor must take into account any dietary restrictions or allergies communicated by the Embassy or guests when designing the menu. This includes providing options for vegetarians, vegans, gluten-free, dairy-free, and other dietary preferences as necessary.

d. The contractor should ensure that each dish is presented attractively, with appropriate garnishes and accompaniments that enhance both visual appeal and flavor.

e. The contractor should be flexible and adaptable in adjusting the menu based on Embassy feedback, last-minute changes, or unforeseen circumstances. This may involve accommodating additional guests, substituting ingredients, or making other modifications as needed while still maintaining the overall quality and integrity of the menu.

f. The contractor is responsible for submitting a detailed menu proposal to the Embassy for approval within the agreed-upon timeline. The proposal should include descriptions of each dish, ingredients used, portion sizes, and any relevant pricing information.

Page | 6

2. Food Preparation

a. The contractor should maintain the highest standards of food quality and safety throughout the preparation process. This includes sourcing fresh, high-quality ingredients, adhering to proper food handling and sanitation practices, and ensuring that all food items meet industry standards for taste, texture, and appearance.

b. The Contractor should demonstrate culinary expertise and proficiency in preparing a wide range of dishes, including appetizers, entrees, side dishes, and desserts. This may involve employing various cooking techniques, flavor profiles, and presentation styles to create dishes that are both delicious and visually appealing.

c. Timely food preparation is essential to ensure that all dishes are ready for service according to the agreed-upon schedule. The Contractor should accurately estimate cooking times, coordinate kitchen operations efficiently, and prioritize tasks to ensure that food is prepared and served promptly, minimizing wait times for guests.

d. The Contractor should strive to maintain consistent flavors, textures, and portion sizes across all dishes, regardless of batch size or order volume.

e. The Contractor should execute the approved menu with precision and care, following recipes and preparation instructions meticulously to achieve the desired flavor profiles and culinary outcomes. Any deviations from the menu should be communicated promptly to the Embassy and approved in advance.

f. The Contractor should be prepared to incorporate ingredients into their dishes and menu that have been donated to the Embassy.

g. The Contractor is expected to provide a well-equipped and professionally staffed bar service, including the provision of bartenders, bar setup, glassware, mixers, garnishes, and other necessary supplies for the preparation and service of alcoholic and non-alcoholic beverages, ensuring guest satisfaction and responsible alcohol service practices throughout the event.

h. The Contractor must adhere to all food safety regulations and guidelines established by local health authorities. This includes maintaining proper hygiene practices, temperature control, cross-contamination prevention, and storage procedures to minimize the risk of foodborne illness and ensure the safety of all guests.

i. The Contractor is responsible for maintaining a clean and organized kitchen environment throughout the food preparation process. This includes regular cleaning and sanitization of work surfaces, utensils, and equipment, as well as proper disposal of food waste and cleaning materials to prevent contamination and maintain food safety standards.

3. Provision of Equipment

a. The Contractor is expected to provide a comprehensive inventory of catering equipment and supplies necessary for food service at the Independence Day party. This includes but is not limited to serving trays, chafing dishes with heat source, utensils, plates, glassware, napkins, and any other items required for food presentation and service. Tenting, tables, chairs, and decorations will be provided by a separate contractor.

Page | 7

b. The Contractor is responsible for ensuring that all equipment provided is of high quality, well-maintained, and in good working condition. This includes regular inspection and maintenance of equipment to identify and address any issues such as damage, wear and tear, or malfunctions prior to the event.

c. The set-up for the event should begin the week before the event to allow sufficient time for the task to be completed promptly. The removal of equipment and tools should occur on the day after the event.

4. Service Staff

a. All service staff provided by the Contractor should present themselves in a professional manner, including wearing clean and appropriate attire such as uniforms or black and white attire. The attire should not have any visible logos.

b. Service staff should arrive at the event venue on time, allowing for sufficient time to set up and prepare for service. Early arrival is encouraged to ensure readiness and to address any unforeseen issues or last-minute adjustments.

c. The Contractor is responsible for ensuring that all service staff are adequately trained and experienced in catering and hospitality service. This includes knowledge of proper serving techniques, food safety practices, and customer service etiquette.

d. Service staff should provide attentive, courteous service throughout the event. They should be proactive in anticipating and addressing guests' needs, responding promptly to requests, and accommodating special requests or dietary restrictions as necessary.

e. The Contractor is responsible for providing meals and refreshments for their staff members working at the event. The Embassy will not provide meals or refreshments during the set-up, breakdown, or the event itself.

5. Cleanup

a. The Contractor is expected to conduct a thorough cleanup of all areas used for food service, including the kitchen, dining areas, and any other spaces where catering equipment or supplies were utilized. This includes removing all traces of food waste, spills, and debris to leave the premises in a clean and sanitary condition.

b. All surplus food must be delivered to the Embassy after the event.

c. All catering equipment, including serving trays, chafing dishes, utensils, and other items provided by the Contractor, should be promptly disassembled and cleaned following the conclusion of the event. Any rental equipment should be returned to its designated location in an organized and undamaged state.

d. The Contractor is responsible for properly disposing of all food waste, packaging materials, and other disposable items generated during the event. This may involve separating recyclable materials from non-recyclables and ensuring that all waste is disposed of in accordance with local regulations and environmental guidelines.

e. The Contractor is expected to clean the floors in the kitchen, dining areas, and any other spaces used for food service. The spaces should be swept, mopped, and/or vacuumed as needed to remove dirt, spills, and other debris.

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f. After cleanup is complete, the Contractor should conduct a visual inspection of all catering equipment and supplies to identify any damage, malfunction, or missing items. Any issues should be reported to the Embassy or equipment rental provider for resolution. A count of all broken or damaged materials must be made with the CMR staff to be reported, so that the respective financial charge can be made in the following days.

The bidding process:

1. The Contractor shall submit a proposal including diagrams and detailed descriptions of design elements, along with other inventory to be used for decorations and other installations.

2. The Contractor shall also include examples of prior works of similar scale.

3. The Contractor shall provide a timeline for installation and dismantling of all equipment needed for the event.

4. Costs should include transportation, installation, and dismantling of equipment.

5. The Contractor is expected to exercise their judgment and creativity to make appropriate suggestions.

6. Proposals will be reviewed by the Committee, and candidates will be interviewed before the contract is finalized and awarded.

Role of the Embassy:

1. The Embassy shall provide the Contractor and its employees/sub-contractors access to the CMR compound and required areas within the compound before the event (for installation) and dismantling (after the event) in accordance with the Embassy’s security protocols detailed below.

Security:

1. The Embassy will be wholly responsible for the event security and access control.

2. The Contractor shall comply with all security requirements of the Embassy and CMR, including providing advance lists of all workers working with the Contractor and vehicles who/that need access to the event site prior to, during and after the event.

3. The Contractor will provide complete names of employees/sub-contractors, their DNI numbers, date of birth, and gender.

4. The Contractor will provide the make, model, color, year, and license plate of each vehicle requesting access to the CMR premises and access roads.

5. The Contractor will provide a list of all equipment, tools, building materials that it intends to bring into the CMR premises.

Page | 9

6. Any change in contracting personnel or vehicles needing to access the CMR compound must be communicated to the Embassy a minimum of 48 hours in advance of the required access.

7. All information shall be provided at least three (03) weeks before the event, coordinating with the Logistics Point of Contact.

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SECTION 3

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(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;

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

Page | 11

(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, https://www.acquisition.gov/far/subpart-52.2#FAR_52_212_3 https://www.acquisition.gov/far/subpart-52.2#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

Page | 12 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

Page | 13 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571– 767–6688 or email at assisthelp@dla.mil.

(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 https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11

Page | 14 identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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SECTION 4

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS AWARDED BY

OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2023-02, effective 03/2023)

COMMERCIAL ITEMS

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following 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: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT

NOV 2021

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

MAR 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS DEC 2022

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

AUG 2018

52.225-19

CONTRACTOR PERSONNEL IN A DIPLOMATIC OR CONSULAR

MISSION OUTSIDE THE UNITED STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE APR 1984

https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

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52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAR 2023

52.246-26 REPORTING NONCONFORMING ITEMS NOV 2021

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (FEB 2023)

(a)Definitions. As used in this clause:

Covered article - The term "covered article" includes- (1)"Information and Communications technology" which means-

(i)any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.

(ii)computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.

(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

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(b)Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government.

The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain.

The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:

1. Functionality and features of covered articles, including access to data and information system privileges.

2. The user environment where a covered article is used or installed.

3. The ability of a source to produce and deliver covered articles as expected.

4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).

5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.

6. Vulnerability of Federal systems, programs, or facilities.

7. Market alternatives to the covered source.

8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.

9. Likelihood of a potential impact or harm, or the exploitability of a system.

10. Security standards of the supplier as demonstrated by cooperation with assessments.

11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.

12. Capacity to mitigate risks identified.

13. Factors that could lead to inability of the supplier to provide security updates.

14. Factors that may reflect upon the reliability of other supply chain risk information.

15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.

(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine

Page | 18 whether it will negatively affect the security or performance of a Department of State information system.

(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.

(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.

(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.

(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours. Within three (3) days, they shall provide a report using a VEX format.

(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or

(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that

Page | 19 the software producer follows secure development practices and tasks consistent with NIST Guidance.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(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 products and commercial services:

(1) 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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)).

(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 products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655

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__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 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 (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8

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__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 (SEP 2021) 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 (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C.