RFP_Bread,_Bakery_Products.pdf

COMBINED SYNOPSIS/SOLICITATION FOR

DHS, FEMA RFP NO. 70FA5019R00000010

BREAD, BAKERY PRODUCTS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This combined synopsis/solicitation is being issued as Request for Proposal (RFP) No. 70FA5019R00000010, the result of which will establish one or more Blanket Purchase Agreements (BPAs) for bread and bakery products for Mount Weather Emergency Operations Center. The successful Offeror(s) must be able to make at least one

(1) delivery per week between the hours of 6:30 am and 2:00 pm, Monday through Friday at the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Mount Weather Emergency Operations Center (MWEOC), 19844 Blue Ridge Mountain Road, Mt. Weather, VA 20135-2006.

The RFP clauses and provisions are those in effect thru Federal Acquisition Circular 2005-87-1, effective 03/16/2016. The NAICS code applicable to this requirement is 424490; small business size standard is 500 employees. It is anticipated that one or more awards will be issued as a result of this solicitation, via the issuance of simplified acquisition/commercial item blanket purchase agreements that include a five (5) year period. Please include all applicable Government discounts in your offer. FAR Provisions 52.212-1, 52.212-4 and 52.212-5 apply to this acquisition. Offerors are to include a completed copy of FAR provision 52.212-3 "Offeror Representations and Certifications--Commercial Items" with their response or provide this information via the System for Award Management (SAM) website, https://www.sam.gov/portal/public/SAM/ . The successful vendor must provide their company DUNS number which is registered and active in the System for Award Management (SAM).

The Statement of Work which includes purchasing procedures under the proposed BPA(s) is attached to this combined synopsis/solicitation (reference ATTACHMENT A). Also attached is a list of provisions and clauses applicable to this RFP (reference ATTACHMENT B). The Offeror’s pricing proposal shall contain their current unit prices for the items listed on the attached pricing spreadsheet (reference ATTACHMENT C). The items listed on this spreadsheet are those most representative of items ordered often by MWEOC employees;

additional items, if available, will also be ordered from the proposed BPA(s). Pricing information provided on the spreadsheet will be used for quote evaluation purposes only. If additional charges or fees apply for special order items, minimum quantities, packaging sizes, or shipping and handling, etc., please include them in the bottom section of the pricing spreadsheet.

EVALUATION INFORMATION – In accordance with FAR 52.212-2, the Government will issue one or more BPAs to the responsible/responsive offeror(s) whose offer is found to be most advantageous to the Government based on a best value determination. In order to be found technically acceptable, the offeror must be capable of providing bread, bakery products in accordance with the purchasing procedures specified in the Statement of Work. The Offeror shall provide the following information in order for the Government to make a determination of technical acceptability:

• Capability Statement – the Offeror must provide a comprehensive capability statement which indicates their understanding of how the purchasing procedures under the BPA will function. This capability statement should demonstrate their expertise in safe handling of refrigerated food items, packaging and handling to avoid transport damage, and timely routine delivery ability as a minimum. It should include a listing of the product manufacturers available for ordering. In addition, the Offeror must provide written return and exchange policies, and indicate if Government or other discounts will be offered. The https://www.sam.gov/portal/public/SAM/

Offeror must also provide a statement to indicate their willingness to work cooperatively with FEMA, MWEOC to keep track of purchase orders and invoices, as well as resolve discrepancies.

• References – the Offeror must provide three references to support its’ capability to provide bread and bakery products, either in stock or by special order; and in compliance with Federal food handling regulations. References provided may be from other government agencies, sporting organizations, restaurants, educational institutions, health care facilities or local businesses. References shall include a current point of contact and telephone number. The Offeror must also provide a statement that it has not been terminated for default in the past three (3) years.

The Government considers the information provided in the Offeror’s capability statement, as well as from references, to be of equal importance as the contractor’s pricing information when making a best value determination for award.

FEMA will evaluate prices submitted for price reasonableness based on current and past experience by the Government in product purchases.

QUESTIONS

Questions regarding this RFP are to be submitted in MS Word format to Keisha.Pullen-Perry@fema.dhs.gov by 12:00 PM DST on Tuesday, 04-23-2019. Hand deliveries and/or faxes of questions will not be accepted without prior approval. Additionally, the subject line of your email shall, at a minimum, contain the RFQ number (70FA5019R00000010). All questions pertinent to the submission of a proposal in response to this RFP will be addressed in an amendment to this RFP. Sources of the questions submitted will not be provided.

PROPOSAL SUBMISSION INSTRUCTIONS - The Contractor shall submit an electronic proposal via email to Keisha.Pullen-Perry@fema.dhs.gov no later than 5:00 PM on Friday 04-26-2019 EST. The subject line of emails pertaining to this RFP shall clearly reference RFQ # 70FA5019R00000010. Total size of email shall not exceed 25MB due to DHS email restrictions. Hand deliveries and/or faxes of proposals will not be accepted without prior approval. Contractor proposals shall be valid for sixty (60) calendar days after the due date for responses to this RFP.

A written notice of award or acceptance of proposal, mailed or otherwise furnished to the successful offeror(s) shall result in a binding contract without further action by either party. Amendments to this RFP will be published in the same manner as the initial synopsis/solicitation.

Attachments to Combined Synopsis/Solicitation, DHS, FEMA RFP No. 70FA5019R00000010:

• ATTACHMENT A - Statement of Work

• ATTACHMENT B - List of Provisions and Clauses Applicable to this RFQ

• ATTACHMENT C – Pricing Spreadsheet mailto:Keisha.Pullen-Perry@fema.dhs.gov

ATTACHMENT A

STATEMENT OF WORK

FOR PROVIDING BREAD TO MW FOOD SERVICES

BLANKET PURCHASE AGREEMENT

BACKGROUND: The Department of Homeland Security, Federal Emergency Management Agency, Mount Weather Emergency Operations Center (DHS, FEMA, MWEOC) has a need for a contractor to provide bread, bakery products and miscellaneous supplies. The contractor must be able to make at least one delivery per week between the hours of 6:30 am and 2:00 pm, Monday through Friday at the facility address: FEMA, MWEOC, 19844 Blue Ridge Mountain Road, Mt. Weather, VA 20135-2006.

OBJECTIVES: The objective is to establish a Blanket Purchase Agreement (BPA) with one or more contractors to provide wholesale bread and bakery products for DHS, FEMA, MWEOC, Logistics Division, Food Services Section. Call numbers under the BPA will be issued, as needed, to meet DHS, FEMA, MWEOC and Federal purchasing requirements. Purchasing procedures under the BPA are as follows:

1. FEMA’s authorized Procurement staff or the designated Ordering Officer(s) listed below in item 4, will provide the Contractor with a Call Number authorizing MWEOC employees to purchase food, paper goods, cleaning and miscellaneous supplies. The item name, pack size and quantity desired of each item, as well as the BPA Call Number to reference for billing purposes, will be provided on each Call request. The Contractor must receive the Call Number before delivering the order. A sample beverage order request is provided as EXHIBIT 1.

2. Once the Call Number and Grocery Order have been provided to the Contractor, the Contractor will provide pricing information so as not to exceed the $3500.00 limit. No single call order placed under this BPA shall exceed the maximum dollar limitation set forth in FAR Part 13.5 The price to the Government for all purchase made under this BPA shall be, to the Contractor’s best knowledge and belief, as low as, or lower than those charged to the Contractor’s most favored customer(s) for comparable quantities under similar terms and conditions, in addition to any discount for prompt payment.

3. Upon delivery, the Contractor will provide a delivery ticket, invoice or sales slip for all items received, including the following minimum information:

a) Vendor name

b) BPA Number

c) Date of Order

d) BPA Call Number

e) Itemized list of products delivered

f) Quantity, unit price, extended price of each item, less applicable discounts

g) Date of delivery or shipment

h) Place of delivery

i) Point of contact person to receive the order

Invoices, delivery tickets, or sales slips determined to be improper for payment may be returned to the contractor for revision before being scheduled for payment. Payment is made in accordance with the Prompt Payment Act and will be remitted via electronic funds transfer.

4. The following acquisition staff individuals are authorized to place a call order against the BPA:

Keisha Pullen-Perry Contract Specialist 540-542-2832 Kristin Wright Contracting Officer 540-542-5284 Thomas Crouch Purchasing Agent 540-542-7007 Jay D. Cohen Contracting Officer 540-542-2133 Matt Raible Contracting Officer 540-542-2248 Christine Todd Contract Specialist 540-542-5283 Lori Smith Contracting Officer 540-542-2307 Phyllis Woodward Contracting Officer 540-542-5281 Ryan Owings Contract Specialist 540-542-2226 Dan Carroll Contracting Officer 540-542-2304

Additionally, the following Ordering Officers are authorized to place calls against this BPA, not to exceed $3500.00 per call:

Keith S. Farrell Ordering Officer 540-542-3672 Joy Case Ordering Officer 540-542-5784 David Vollmerhausen Ordering Officer 540-542-5784 Christian Borst Ordering Officer 540-542-5784 Salvatore Carrano Ordering Officer 540-542-3672 Bonnie Wright Ordering Officer 540-542-5784 Aaron Banks Ordering Officer 540-542-5180 Belinda Poston Ordering Officer 540-542-2256 Victoria Hart Ordering Officer 540-542-2295

CONTRACTOR RESPONSIBILITIES: The Contractor will provide services as stated in the objectives above. The Contractor shall work cooperatively with FEMA, MWEOC Ordering Officers, Acquisition and Finance offices in keeping track of BPA Call numbers and invoice totals. The Contractor will accept, within reason, the return or exchange of items deemed unsuitable by MWEOC personnel. The Contractor shall begin providing services under this BPA as soon as possible after award.

PERIOD OF PERFORMANCE: This agreement includes a period of performance for sixty months to run consecutively. The period of performance will begin on May 13, 2019 continue through April 30th, 2024.

SPECIAL QUALIFICATIONS: The Contractor must be able to provide a secure environment to stage the order that would minimize the possibility of outside tampering with the items palletized for later delivery. It is preferred that upon special occasions, additional orders of more than 2 days per week may apply. These orders may be on short notice, notification would occur by 2 pm on the day prior to delivery. It is also preferred that in the event of an emergency; deliveries may be asked for same day delivery, with a 3-hour response time. Normal delivery dates may change due government holidays and special on-site events.

ATTACHEMENT B

Provisions and Clauses

Applicable to

Blanket Purchase Agreement No. TBD

52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause)

52.212-5 -Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial 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:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

_X__ (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).

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_X__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(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—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (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 (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (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 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) (E. O. 12989).

(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) (5 U.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.

(End of Clause)

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the base contract or any option year’s expiration.

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):

For FAR clauses: https://www.acquisition.gov/browse/index/far

For HSAR clauses: https://www.dhs.gov/sites/default/files/publications/CPO_HSAR_4.pdf

NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document.

See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7 System for Award Management (Oct 2018)

52.213-3 Notice to Supplier (Apr 1984)

52.217-2 Cancellation Under Multi-Year Contracts (Oct 1997)

52.232-1 Payments (Apr. 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.243-1 Changes -- Fixed Price (Aug 1987)

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

https://www.dhs.gov/sites/default/files/publications/CPO_HSAR_4.pdf

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.

(End of clause)

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

____3052.209-72 Organizational Conflicts of Interest.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

____3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

____3052.204-71 Contractor Employee Access.

____Alternate I

__X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

____3052.209-73 Limitation on Future Contracting.

_X___3052.215-70 Key Personnel or Facilities.

____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

____3052.217-91 Performance. (USCG)

____3052.217-92 Inspection and Manner of Doing Work. (USCG)

____3052.217-93 Subcontracts. (USCG)

____3052.217-94 Lay Days. (USCG)

____3052.217-95 Liability and Insurance. (USCG)

____3052.217-96 Title. (USCG)

____3052.217-97 Discharge of Liens. (USCG)

____3052.217-98 Delays. (USCG)

____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

____3052.217-100 Guarantee. (USCG)

____3052.219-70 Small Business Subcontracting Plan Reporting.

____3052.219-71 DHS Mentor Protégé Program.

_X___3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228-92 Fair Market Value of Aircraft. (USCG)

____3052.228-93 Risk and Indemnities. (USCG)

____3052.236-70 Special Provisions for Work at Operating Airports.

____3052.242-72 Contracting Officer’s Technical Representative.

____3052.247-70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247-71 F.o.B. Origin Only.

_X___3052.247-72 F.o.B. Destination Only.

(End of clause)

NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the

Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer.

The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

INVOICES

(a) An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in this contract.

Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

1. Name and address of contractor

2. Invoice date and invoice number

3. Contract number (including order number, if any), purchase order or delivery order number.

4. Description of supplies or services, quantity, unit of measure, unit price, and extended amount of supplies delivered or services performed.

5. Shipping and payment terms

6. A listing of all delivery tickets by number (if applicable)

7. Name, title, phone number and complete mailing address of the person to be notified in the event of a defective invoice

8. Prepaid shipping costs will be indicated as a separate item on the invoice. Where shipping costs exceed $10.00 (except for parcel post), a bill of lading or receipt must support the billing. When several orders are invoiced to an ordering activity during the same period, consolidated periodic billings are encouraged

9. A statement on the final invoice, which indicates it is the final invoice to be submitted for the contract, purchase or delivery order.

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ . In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database.

(c) Suspension of payment. If the Contractor’s EFT information in the SAM database is incorrect, then the

Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(d) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

(e) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government.

If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the SAM database.

NOTE: THE PARAGRAPH BELOW APPLIES ONLY TO MWEOC DELIVERIES AND ONLY IF

FEDERAL EXPRESS OR UPS IS NOT USED.

DELIVERIES AND GENERAL ACCESS TO DHS, FEMA, MOUNT WEATHER EMERGENCY

OPERATIONS CENTER (MWEOC)

I. General

A. Classified material and areas exist at the Mount Weather Emergency Operations Center (MWEOC) that must be protected in the interest of national security. The facility is a restricted area.

Access to the MWEOC is only provided to those persons having official business related to the mission and operations of the MWEOC. The Federal Emergency Management Agency (FEMA) Administrator, the MWEOC Executive Administrator, or their designee must approve all persons and vehicles entering the MWEOC. All persons must register with the MWEOC Security Services Branch and must receive a MWEOC identification badge or other approved credentials to enter or remain on the premises.

B. Access is limited to those persons who are United States of America (U.S.) citizens or have been granted an exception by the Executor Administrator, or his/her designee and vetted through the DHS Foreign National Visitor Access Process. Sponsors of personnel seeking access must be U.S. Government employees.

C. All vehicles, packages, handbags, briefcases, and other containers transiting in or out of the facility are subject to inspection by MWEOC law enforcement. The Executive Administrator authorizes inspections at the MWEOC to prevent the possession and use of items prohibited by these rules and regulations or by other applicable laws, to prevent theft of property and to prevent the wrongful obtaining of classified information under 18 U.S.C. 793. If individuals object to such inspections, they must tell the officer on duty at the access point prior to entering the MWEOC. Individuals who refuse an inspection of their vehicle or possessions will be denied entry.

II. Procedures A. Access may be granted to the following Personnel:

1. DHS/FEMA employees

2. Tenants or other permanently assigned employees

3. Visitors on official Government business

4. Contractor employees or vendors, including delivery personnel

B. Access is controlled at the Access Control Point Visitor’s Center, Building 911. Building 911 is https://www.sam.gov/portal/public/SAM/ staffed to assist personnel assigned to or visiting the MWEOC in gaining access on a limited or intermittent basis, issue badges to those authorized a permanent badge, and resolve badging problems.

C. Per the requirements of Homeland Security Presidential Directive 12 (HPSD-12), the MWEOC will grant unescorted access on the basis of a secure and reliable form of identification that can be authenticated electronically.

D. All visitors and guests will be screened to determine if they meet eligibility requirements for access into a FEMA space.

E. All visitors and guests must be sponsored by an approved MWEOC sponsor before they are granted access to the facility.

F. All individuals entering the MWEOC must be properly identified and in possession of a valid credential or access badge.

G. While inside the MWEOC, individuals must at all times conspicuously display their credentials/access badge between their neck and waist.

H. Individuals must secure their FEMA identity credential or access badge from view upon exiting the facility.

I. Law enforcement officials may retain custody of their firearms while visiting the MWEOC in the performance of their official duties upon proper display of verifiable law enforcement credentials.

J. The FEMA OCSO must first qualify any foreign national requesting access before access is granted by the MWEOC Executive Administrator. The federal government office sponsoring the foreign national must submit their request to the FEMA OCSO at least 30 days in advance of the proposed visit date.

K. Individuals must surrender their identity credentials/access badge to Mount Weather Police or Security Specialists upon request.

L. Individuals must return their FEMA identity credential/access badge and building pass when access is no longer…