Attachment I_N0018925QZ187.docx
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- Attached to
- Catering Services - NDU ISMO Graduation Dinner
- Solicitation number
- N0018925QZ187
About this file
This is a Request for Quotations (RFQ) for high-level catering services supporting the National Defense University's International Student Management Office (ISMO) Graduation Dinner. The solicitation (N0018925QZ187) seeks a contractor to host a formal evening event for 400 seated guests in the first week of June, with two optional years in 2026 and 2027. The event requires a venue within 10 miles of Fort Lesley J. McNair, comprehensive catering services including a three-course meal, hors d'oeuvres, and specific dietary accommodations (vegetarian, halal, gluten-free options), and full audio-visual support.
The RFQ is set aside for small businesses and will be awarded using a lowest price technically acceptable evaluation method. Key requirements include providing an event space with round and rectangular tables, china place settings, table decorations, a podium, microphone, and audio system. The contractor must adhere to specific guidelines, including no pork or alcohol, compliance with recycling executive orders, and membership in the Green Restaurant Association. Quotes are due by close of business on 10 March 2025, with the event planned for June 2025. The government will provide the final attendee count one week prior to the event and reserves the right to cancel without penalty if mission requirements dictate.
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| File | Type | Posted |
|---|---|---|
| Attachment II_N0018925QZ187-0001 Amd.docx | DOCX document | |
| Unison Buy Package 1193355_01.pdf |
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Text version
N0018925QZ187
Section A - Solicitation/Contract Form
NOTES TO QUOTERS
1. The point of contact (POC) for this solicitation is as follows:
Bridget Blaney bridget.blaney.civ@us.navy.mil
1. All questions and quotes shall be submitted in writing.
1. Any questions related to this RFQ should be submitted to the POC via email by close of business 10 March 2025.
1. Quote must be submitted by the date and time established within Unison.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
ISMO Graduation Dinner Services
FFP
The contractor shall provide to the Government high-level catering services in support of the International Student Management Office (ISMO) Graduation Dinner in accordance with the Performance Work Statement (PWS) in Section C.
FOB: Destination
MILSTRIP: HQ0100522043
PURCHASE REQUEST NUMBER: HQ0100522043
PSC CD: S203
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
| OPTION |
| ISMO Graduation Dinner Services |
FFP
Option I - The contractor shall provide to the Government high-level catering services in support of the International Student Management Office (ISMO) Graduation Dinner in accordance with the Performance Work Statement (PWS) in Section C.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
| OPTION |
| ISMO Graduation Dinner Services |
FFP
Option II - The contractor shall provide to the Government high-level catering services in support of the International Student Management Office (ISMO) Graduation Dinner in accordance with the Performance Work Statement (PWS) in Section C.
NET AMT
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
Performance Work Statement (PWS) for International Student Graduation Dinner for the National Defense University
1. ORGANIZATION
The National Defense University (NDU) is an internationally recognized graduate-level university with five colleges and multiple centers of excellence focused on joint education, leader development, and scholarship in national security matters. NDU develops joint warfighters and other national security leaders through rigorous academics, research and engagement to serve the common defense
2. OBJECTIVE
The objective of this effort is to obtain high-level catering services in support of the National Defense University, specifically in support of the International Student Management Office Graduation Dinner.
3. International Student Management Office (ISMO) TASK OVERVIEW.
The contractor shall:
3.1.1. Host a catered evening event (1830-2200) in the first week of June (Exact date provided NLT 14 days out – approx. 10 April). This contract also contains two (2) option periods – one in 2026 and one in 2027.
3.1.2. Provide a formal event space able to sit 400 seated guests. The event space shall be within 10 miles of Fort Lesley J. McNair and have easy access to the DC metro area. The space shall also have a parking garage/spaces nearby.
3.1.3. Provide catered food for 400 seated guests during an evening program of awards and presentations
3.1.4. Provide tables, table settings, chairs, linens and table decorations for 400 seated guests. Tables shall consist of round tables seating up to 8 guests per table (25) and rectangular tables seating up to 8 guests per table (25). If the vendor has larger round or rectangular tables which seat more than 8 guests comfortably, they may be used with concurrence from the government POC. The government POC shall be afforded the option to choose linen options among a range of (3) three options provided by the vendor. Chairs shall match the linen options selected. Table settings shall consist of china plates and other settings and metal tableware. China plates shall be white or keyed to match the linen selection. Glasses shall be glass or crystal. Table decorations shall consist of candle settings or floral arrangements and will be selected by the government POC from offerings provided by the vendor.
3.1.5. Provide a podium, microphone, audio system and lighting for presentations during the seated dinner. The audio system shall consist of speakers either integrated within the structure of the event space or placed on stands to amplify the sound of a speaker at the podium to allow for clear audio throughout the event space. The contractor shall provide enough speakers to ensure that the sound is clearly audible for the entire seated area. Lighting shall consist of spotlights and/or keylights which focus on the podium area to ensure the speaker is clearly lit within the event space. The lights can be stationary once trained on the podium area.
3.1.6. Ensure food adheres to safety and health code requirements.
3.1.7. Communicate with the Government contact for any required clarification of requirements outlined in the task detail prior to delivery of services.
3.1.8. Accommodate specific nutritional requirements including vegetarian, halal and gluten-free options. Approximately 10 percent of total attendee counts will prefer vegetarian/halal meals. Count subject to change per service.
3.1.9. Absolutely no pork or alcohol may be used in any menu items, including sauces. Sample menus are provided below for each event as a guide. Menu shall be submitted to designated Government representative no later than 21 days prior to event for review and approval. Menu will be reviewed to ensure food selection conforms to the dietary requirements of international students.
3.1.10. Adhere to Executive Order 12780 – Federal Agency Recycling and the Council on Federal Recycling and Procurement Policy, 31 October 1991, which states under Section 101: “The purpose of this Executive Order is to: (a) Require that Federal agencies promote cost-effective waste reduction and recycling of reusable materials from wastes generated by Federal Government Activities.” The contractor shall ensure recycled material is separated from waste and is placed in appropriate receptacles.
3.1.11. Contractor shall be a certified member of the Green Restaurant Association, pursuant with the goals outlined in Executive Order 13514 “Federal Leadership in Environmental, Energy, and Economic Performance” dated 5 October 2009.
3.2. SPECIFIC EVENT REQUIREMENTS.
3.2.1. Formal Seated Graduation Dinner
This is a seated dinner preceded by a cocktail hour with passed hors d’oeuvres and drinks.
Contractor shall provide a venue, catering service, wait staff and audio/visual support for a Banquet for 400 guests
· Event Space:
· Contractor shall provide event space for hosting 400 guests. The event space shall include an area for cocktails and a separate seating area for dinner.
· The event space shall include a presentation space at the front of the arrangement. The presentation space shall be on a raised stage and will include a podium with wireless microphone connected to an amplification sound system provided by vendor.
· Contractor shall provide lighting for the presentation space to include spot lights required to illuminate the presenting official during the dinner.
· The contractor shall provide the following Audio/visual requirements: wireless microphone and back up at the podium, a podium for presentations, lighting within the event space to illuminate the podium during presentations, and audio amplification system to allow guests to clearly hear the presentations made at the podium.
· Prior to the Start of the Event:
· Contractor shall have dining space set up to allow government to add 10-inch table flags and name tents to dining tables.
· Contractor shall allow the government to move and position up to eight 8-foot flags within the presentation area. Flags will be provided by the government.
· The dining space shall consist of tables, chairs, china, formal table settings, central table decorations (as noted in PWS 3.1.4), linen napkins and table linens. The contractor shall provide linen options to the government POC for selection prior to the event.
· Contractor shall have podium/presentation area set up to include side table for pre-positioning gifts and presentation items.
· During the Cocktail Hour:
· The contractor shall provide bar service for 400 guests to include soft drinks, ice, water and juice. Alcoholic beverages (if offered) will be purchased separately through Official Representation Funds by the government.
· The contractor shall provide four passed hors d’oeuvres selections for 400 guests with circulating wait staff
· The contractor shall provide cocktail china plates, silverware, bar glasses, and cocktail napkins sufficient for guests and refills
· The contractor shall provide linens for all tables to include standing bistro tables and beverage stations. The government POC will work with caterer to select linens.
· Cocktail hour shall begin at 1830 and last for 60 minutes. (Government POC can be flexible on start time +/- 1 hour)
· During the Seated Dinner:
· Wait staff shall provide beverage service at the tables: Ice, sodas, juices, bottled regular and sparkling waters. Wine and beer may be provided through a separate purchase utilizing Official Representation Funds.
· Wait staff shall serve pre-selected three-course meals to 400 seated guests. Sample menu is provided below. Final menu will be selected by the government POC based on options provided by the contractor.
SAMPLE MENU: 3 course dinner (suggested menu):
Passed Hors D'oeuvres
Seared Chicken Tartlet With Vidalia onions and Macon apples Grilled Shrimp With spicy apricot dipping sauce Parma Gouger Crispy, warm Parmesan puffs dusted with Romano cheese Shroomwich a duxelle of wild mushrooms croquets in brioche served with a porcini dipping sauce
First Course
Tartlet of Roasted Heirloom Tomatoes with Nicoise Olive Tapenade with a tangle of micro greens and shoots drizzled with a balsamic vinaigrette
Main Course Pan-Seared Salmon OR Grilled Filet of Beef served with béarnaise sauce, asparagus spears, baby carrots and potato gratin diamond Vegetarian Option - Phyllo Bundles with Sautéed Vegetables served with tomato coulis, asparagus spears, baby carrots and potato gratin diamond
Sourdough and Olive Rolls with curls of sweet butter
Dessert Maracaibo Chocolate and Peanut Fondant flourless chocolate cake layered with dark chocolate cream, crispy peanuts and caramel served with a salty caramel sauce
Coffee Service Gourmet roasted coffee to be passed at the table with fresh dairy cream and sugar cubes
NOTES:
· Vegetarian option must be available.
· Pre-event meeting and walk through required 10 days and 3 days prior to event, respectively.
· Planning POC will make final decision on all menu items 10 days prior to event.
4.0 PLACES OF PERFORMANCE
The International Student Management Office event will be hosted at a location off-site within 10 miles of Fort Lesley J. McNair. Example locations include but are not limited to the following: National Museum of Women in the Arts, National Air and Space Museum, Spy Museum, International Trade Center, or the Mellon Auditorium.
5.0 GOVERNMENT REQUIREMENTS
The government will provide the Contractor with the following requirements:
· Provide the Contractor with a preliminary attendee count two (2) weeks prior and the final attendee count and serving schedule one (1) week prior to the scheduled event.
· Coordinate specifications and event requirements with contractor.
· The Government reserves the right to cancel contract without penalty if national emergency or mission requirements dictate canceling or curtailing of program events. Further, the performance of the agreement by either party is subject to acts of God, war, terrorism, government regulations, orders written by a competent government official (National Defense University President, Senior Vice President or Other Designee, or higher government official) disaster, fire, strikes, civil disorder, curtailment of transportation facilities, or other similar cause reasonably beyond the control of the parties making it inadvisable, illegal, or impossible to hold the meeting/conference or provide the facility. This agreement in part or whole may be terminated without penalty or charge, for any one or more of such reasons by written notice from one party to the other
POINTS OF CONTACT
The following Government points of contact are identified for this contract:
(To be identified at time of award)
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 10-APR-2025 TO |
10-APR-2025
| N/A |
| NATIONAL DEFENSE UNIVERSITY |
GOVERNMENT REPRESENTATIVE
SOUTH CAMPUS
JOINT FORCES STAFF COLLEGE
7800 HAMPTON BLVD.
NORFOLK VA 23511
HQ0100
| 1001 |
| POP 10-APR-2026 TO |
10-APR-2026
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HQ0100
| 2001 |
| POP 10-APR-2027 TO |
10-APR-2027
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HQ0100
ADDITIONAL INFORMATION
The dates and performance locations listed above are not firm and are subject to change by the Government technical point of contact for this contract prior to performance.
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2-in-1
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| TBD |
| Issue By DoDAAC |
| N00189 |
| Admin DoDAAC** |
| N00189 |
| Inspect By DoDAAC |
| TBD |
Ship To Code
Ship From Code
Mark For Code
| Service Approver (DoDAAC) |
| TBD |
| Service Acceptor (DoDAAC) |
| TBD |
Accept at Other DoDAAC
| LPO DoDAAC |
| TBD |
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
To be determined upon award
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| JUN 2020 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| AUG 2020 |
| 52.204-24 |
| Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment |
| NOV 2021 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Products and Commercial Services |
| NOV 2023 |
| 52.217-5 |
| Evaluation Of Options |
| JUL 1990 |
| 52.219-1 Alt I |
| Small Business Program Representations (FEB 2024) Alternate I |
| FEB 2024 |
| 52.222-22 |
| Previous Contracts And Compliance Reports |
| FEB 1999 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| DEC 2022 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| MAY 2024 |
| 252.204-7012 (Dev) |
| Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1) |
| MAY 2024 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| JAN 2023 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2023 |
| 252.204-7022 |
| Expediting Contract Closeout |
| MAY 2021 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| MAY 2019 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JAN 2023 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.225-7972 (Dev) |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014) |
| AUG 2024 |
| 252.225-7973 (Dev) |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024-O0014) |
| AUG 2024 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JAN 2023 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2022 |
| 252.244-7000 |
| Subcontracts for Commercial Products or Commercial Services |
| NOV 2023 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| OCT 2024 |
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.204-29 Federal Acquisition Supply Chain Security Act Orders--Representation and Disclosures (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.
(c) Procedures.
(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
| Line Item No. |
| Country of origin |
| Exceeds 55% domestic content (yes/no) |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No.
(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause…
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