Combined Synopsis_Solicitation_FY25 Kitchen Attendant Services.pdf

W50S8V-25-Q-0004

Combined Synopsis/Solicitation Kitchen Attendant Services

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.

W50S8V-25-Q-0004 – This solicitation is issued as a request for proposal (RFP).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03 dated 01/17/2025.

This requirement is designated with a Small Business set-aside of Total Small Business and associated with NAICS code: 722310 and a small business size standard of $47,000,000.

The 167th Airlift Wing, Martinsburg, WV is requesting a quote for Kitchen Attendant Services. Award will be made, without discussions, to the responsible offeror submitting the lowest evaluated price of proposals that are determined to be technically acceptable. To be considered technically acceptable you must provide a quote that meets all specifications listed below. Please provide a quote in accordance with the stated terms & conditions.

List of Line Item(s)

Section B – Supplies or Services CLIN Period of

Performance SUPPLY or SERVICE QTY UI UNIT

PRICE

AMOUNT

0001 1 AUG 2025 to

31 JUL 2026

Kitchen Attendant Services for Base Dining Facility

10 Months

1001 1 AUG 2026 to

31 JUL 2027

Kitchen Attendant Services for Base Dining Facility

10 Months

2001 1 AUG 2027 to

31 JUL 2028

Kitchen Attendant Services for Base Dining Facility

10 Months

3001 1 AUG 2028 to

31 JUL 2029

Kitchen Attendant Services for Base Dining Facility

10 Months

4001 1 AUG 2029 to

31 JUL 2030

Kitchen Attendant Services for Base Dining Facility

10 Months

SECTION C – Descriptions and Specifications

See attached Performance Work Statement (PWS), titled PWS – DINING FACILITY AREA FOOD

SERVICE ATTENDANTS

INSPECTION AND ACCEPTANCE POINTS:

Supplies/Services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government N/A Government 1001 Destination Government N/A Government 2001 Destination Government N/A Government 3001 Destination Government N/A Government 4001 Destination Government N/A Government

PERIOD OF PERFORMANCE (PoP):

Base Period: 1 AUG 2025 TO 31 JUL 2026 Option Period 1: 1 AUG 2026 TO 31 JUL 2027 Option Period 2: 1 AUG 2027 TO 31 JUL 2028 Option Period 3: 1 AUG 2028 TO 31 JUL 2029 Option Period 4: 1 AUG 2029 TO 31 JUL 2030

PLACE OF PERFORMANCE:

167th Airlift Wing Dining Facility, Building 134 222 Sabre Jet Blvd.

Martinsburg, WV 25405-7704

All offers shall be submitted to Christopher (CJ) Broschart, SMSgt via email at christopher.broschart@us.af.mil to 20 June 2025, at 4:00 PM (EST).

NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing.

An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.

To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau Office of the Director of Acquisitions/ Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204 Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil mailto:christopher.broschart@us.af.mil mailto:ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR clause 52.233-2.

NG Public-facing, general Protest information is found at:

https://www.nationalguard.mil/Leadership/Joint-Staff/Special-Staff/Director-of-Acquisitions/

Directorate of Acquisitions information for the contracting enterprise is found at https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.aspx

PERFROMANCE WORK STATEMENT

FOR CLEANING OF THE DINING FACILITY AT THE 167TH AW, MARTINSBURG, WV

DINING FACILITY AREA FOOD SERVICE ATTENDANTS

1. GENERAL

A. These specifications pertain to the food service attendants to be performed in the following service activities:

(1) Dining Facility, Building 134

Normal hours shall be from 9:00 AM until 2:30 PM, during the monthly Unit Training Assembly (UTA). Ten (10) UTA work periods for a total of twenty

(20) days will be worked per contracted year. The required schedule for the report days will be provided prior to the period of performance of the base year and every subsequent option year (if exercised).

B. Definitions. The terms Dining Facility includes all the areas within the facility

(dining room, kitchen office, refrigerated/dry storage, supply storage, latrines, locker rooms, garbage/grease room, separate preparation areas, outside building, trash area, docks, passageways, etc.). Includes all areas necessary in the operation of these functions both inside and outside the building as stipulated.

C. Contractor will furnish sufficient personnel to accomplish the tasks as outlined in the statement of work. The contractor shall perform to the standards in the contract.

D. The function(s) contracted for include, but are not limited to the following services:

(1) Cleaning of all floors, walls, doors, windows, furniture, fans (heating and cooling), partitions, equipment, trash and garbage areas (to include trashcans), unloading docks, access areas to building which is the responsibility of food service. Cleaning will include dusting as required to maintain all areas and equipment, as applicable to maintain a neat and sanitary condition.

https://www.nationalguard.mil/Leadership/Joint-Staff/Special-Staff/Director-of-Acquisitions/ https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.aspx

(2) Operations of dishes, utensils, pots and pans washing equipment during periods necessary to clean and sanitize all items used in the preparing and serving of meals in or away from the dining facility.

(3) Transporting, cleaning and placing in designated use/storage area all utensils, pots and pans, dishes, silver, trays, refuse containers.

(4) Moving of tables and chairs to facilitate cleaning. Chairs designated for stacking will be stacked when required for proper cleaning.

(5) Vacuuming will be necessary for floor areas with carpet.

E. Under the terms and conditions of the contract, the Contractor is authorized to eat lunch prior to the designated lunch time for members of the 167th AW Air National Guard, the rate charges shall be the current sales amount plus the operating charge.

A separate meal attendance record shall be maintained for contractor personnel consuming meals while on duty. Prior to partaking of any meals or part of any meals, contractor employees shall sign the appropriate form and pay the appropriate meal rate.

Contractor employees who are observed eating Government subsistence or snacking at any time shall be required to pay for a complete meal. If the employee observed eating does not have the funds to pay for the meal, the contractor shall be required to make payment. The contractor employees shall not bring food from other sources into the dining facility.

F. Dining Facility Attendants may be male or female.

G. The Contractor shall furnish supervisory, administrative and direct labor personnel to accomplish all work required during regular UTA’s. To avoid any appearance of conflict of interest, the contractor shall hot hire off duty Contracting Officer’s Representative (COR’s), relatives of COR’s, Dining Facility Supervisors or their immediate relatives.

H. Quality Control: The Contractor shall establish and maintain a complete quality control program for the performance requirements of the contract.

I. Sanitation Inspections: In addition to any Government performed surveillance, medical services personnel (Base Medical Services) will also inspect for compliance with sanitary conditions.

J. All employees of the Contractor employed in the performance of work under this contract shall be employees of the Contractor at all times and are not considered employees of the Government.

2. FOOD SERVICE PROGRAM

A. Entrance/Exit Passageways and Doors: Includes hallways that are the Responsibility of food service to maintain and doorways leading to main dining area from kitchen, latrines, storerooms, clipper rooms.

C. Preparation of Dining Facility for Unit Training Assemblies (UTA)

a. All tables must be set up and cleaned with chairs placed around them. (Wipe off tables and chairs with damp cloth)

b. Fill salt and pepper shakers and napkin dispensers will be placed on each table

c. Dishwasher and pots and pan washer will be checked for any adjustments necessary prior to daily operation

d. All supplies, glasses, cups, saucers, silverware, plates (all types) will be set up to ensure constant supply

e. Sweep and mop kitchen floor prior to lunch meal, if needed

D. During Each Meal

a. Wipe/Mop, spot clean, vacuum spillage on floors and/or carpet as they occur

b. Remove and replace soiled linen or table cloths when in use

c. Wipe chairs free of crumbs or liquids. Remove spots and re-position chairs around tables as required

d. Refill condiment containers and napkin dispensers as necessary

3. SPECIFIC DUTIES IN EACH AREA

A. Kitchen

(1) Daily or as necessary floors shall be swept, scrubbed, rinsed with clean hot water and mopped dry after each meal. Spillage resulting from movement of supplies (all types) and /or the preparation of food/beverage will be mopped/cleaned up immediately. Floors shall be damp mopped at all times during operation to assure that all spills, tracks from walking, tracks from the carts, residue from food or beverages and drainage from other areas are immediately removed. Constant maintenance of the floors is necessary to ensure a high degree of cleanliness and safety and to ensure that the established sanitary standards are maintained

(2) Cleaning of ranges and or oven is the responsibility of the Food Services Flight

(3) All contractor-operated equipment will be cleaned after each complete use

(4) Trash generated from the opening of cans, boxes and other Dining Facility related occurrences shall be placed in the proper storage receptacles and not allowed to accumulate in the kitchen area

(5) Interior/exterior of reach in refrigerators will be cleaned using hot water and suitable cleaning agents

(6) Walls, doors, baseboards and post will be cleaned with suitable cleaning agents

(7) Will be asked to assist with serving during meal hours.

B. Pots, Pans and Utensil Washing Area: This area is used for the cleaning of and sanitation of all roasting pans, baking pans and steam table utensils. Following cleaning, all items shall be free of grease and any foreign matter and be sanitized for subsequent use

(1) Water, trash and garbage will not be permitted to accumulate during operation of this function and the entire area, equipment, storage, racks, drainage and dunnage shall be left clean after each use

(2) The floors and dunnage will be swept, scrubbed and rinsed with water and dried. Walls shall be wiped clean daily.

(3) Storage racks for pots and pans will be thoroughly washed and cleaned following the UTA

C. Storage Rooms

(1) Floors shall be swept, mopped and dried

(2) Trash cans shall be emptied and cleaned daily

(3) Dust all surfaces pertaining to the coat and hat racks

(4) Cooks will remove food from the serving lines. Stains caused from the mopping operation on the above area will be cleaned accordingly

D. Dish washing Room: Operations and cleaning must be completed within three hours after serving lines close. Dishwasher will be checked prior to established feeding periods to ensure it is operating properly. Water temperatures are correct and soap and rinse activities are available NOTE: Contractor will be responsible for cleaning all equipment and tableware in a sanitary fashion acceptable to the Medical Services Officer

(1) Soiled equipment and tableware will be scrubbed and sorted as it Arrives to the dishwashing area

(2) Pre-wash dishes, trays, glasses and bowls in 100-160 degrees

Fahrenheit water unless pre-wash dishwashing and glass washing machines are used

(3) Place dishes and utensils into proper rack and slide into dish washing machine. Washing section water is to be 140-160 degrees Fahrenheit and the rinse section water is to be not less than 180 degrees Fahrenheit. Detergent is to be added to wash tanks as required

(4) Floors will be dried during dishwashing operations as necessary to

Maintain sanitary and safe work conditions

(5) Dish washing equipment will be cleaned thoroughly at the end of each day, inside and out. Dish tables will be scrubbed with detergent and rinsed with fresh water. Floors will be cleaned and dry mopped.

E. Garbage and Trash Storage Area

(1) Full garbage and trashcans shall be removed from all areas in the dining hall and placed proper storage areas

(2) Garbage/trash cans will not be filled more than four (4) inches from the top and will be covered with proper fitting lids at all times

(3) Immediately after garbage/trash is emptied, the garbage/trash cans and covers will be thoroughly cleaned by scrubbing with hot soapy water and rinsed in clear, hot water or steamed cleaned before returning to point of use or storage

(4) This area shall be maintained in sanitary, orderly condition at all times.

Floors shall be scrubbed daily with hot soapy water and rinsed with clear, hot water. Walls, doors and vertical surfaces shall be washed at least once a month.

F. Hallways, Passageways and Bathrooms: This is any hallway or passageway not covered as a part of the kitchen and/or entrance/exit ways

(1) Passageways used in movement of supplies will be wet mopped daily following the lunch meal. Trash and food/beverage spills will be cleaned as the occur

(2) Bathrooms will be cleaned daily and as necessary using only “red” handled mops, brooms and plungers

G. Rear Platform/Unloading Dock

(1) Sweep, scrub, rinse with clean water and mop dry (including stairs) following lunch meal

(2) Keep area free of trash

(3) Spillage and/or accumulation of trash caused by handling of supplies will be cleaned as it occurs

(3) Rinse with clean water following the last meal of each day

H. Outside Trash Area

(1) Sweep and rinse with hot water daily

(2) Keep area policed and free of loose trash

(3) Clean below dock daily

I. Contractor Personnel

(a) Personal Hygiene:

(1) Contractor shall ensure all personnel wash their hands upon reporting for work, immediately after visiting a lavatory and returning to work after taking a break.

(2) Remove wristwatches, bracelets and rings (except wedding bands).

(3) Fingernails are clean.

(4) Do not smoke, or use tobacco in any form, except during break periods and in designated areas.

(5) Trim facial hair to one inch or less.

(6) Wear acceptable head covers (hats, caps, hair net) to prevent loose hair from falling into food or onto food contact surfaces. In addition to hairnets, men who wear beards must also cover them with a suitable cover.

(7) When any symptom of a communicable disease is experienced, the individual will be promptly replaced with medically fit person(s). Individuals relieved of duty due to illness must have a medical clearance before returning to work.

(8) The use of alcoholic beverages or illegal drugs by contractor personnel while on duty is strictly forbidden. Any violations shall be just cause for an immediate removal of the offender(s) by the contractor from further work.

Removal of employees for such causes does not relieve the contractor from the requirement to provide sufficient personnel to adequately perform the services.

(9) All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the Government installation, shall abide by all security regulations of the installation which may be in effect during the contract period and shall be subject to such checks as may be deemed necessary to ensure that no violations occur. No employee(s) shall be permitted on the installation when such checks reveal that his/her presence would be deemed detrimental to the security of the installation or the accomplishment of the work. The Government reserves the right to require removal from the job site any contractor employee who endangers persons, property or whose continued employment is inconsistent with the interest of military security. The contractor shall not employ persons for work on this contract is such employee is identified as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population or employ persons who have an outstanding criminal warrant.

(b) Clothing:

(1) Contractor personnel shall wear contractor furnished shirts/blouses with short sleeves. Tank tops, halter tops and other types of sleeveless tops are not authorized. Appropriate pull over shirts with sleeves are permitted.

(2) Appropriate footwear must be worn. Opened toed footwear is not authorized.

(3) Contractor personnel shall wear name tags furnished by the contractor with a minimum of the last name. In addition, the name tag worn by the supervisor shall indicate their job title.

(c) Training:

(1) The contractor shall provide training to employees to ensure competent performance.

(2) Prior to starting work, contractor personnel will receive a pre-employment sanitation briefing.

(3) Contractor personnel will receive instructions in the principles and practices of food service sanitation given by Government personnel.

(4) Contractor personnel will receive Fire Prevention Lectures by Government personnel.

(5) The Contractor shall implement a suitable safety program for employees performing the work under this contract, such as safety orientation for all employees.

(6) Contractor personnel are required to have mandatory Food Safety Training, National Restaurant Association (NRA) ServSafe Program.

INSPECTION AND ACCEPTANCE

1. The Service to be performed by the contractor during the period of this contract shall, at all times and places, be subject to inspection by the Contracting Officer or the designated representative(s).

2. The Contracting Officer will designate the Quality Assurance Evaluator/Contracting Officer’s Representative, who will be responsible for technical assistance to the Contracting Officer in administration of this contract. Duties will involve Quality Control and Inspection, Surveillance Reporting and Monthly Certification of Contractor Performance. The QAE/COR will maintain performance records. When deficiencies are recorded by the QAE/COR or Alternate QAE/COR, the contractor (or his authorized representative) will acknowledge deficiency notification by placing his/her initials on the performance record.

3. The Contractor shall designate in writing an on- site representative who has the authority to act on behalf of the contractor to receive and take action to remedy the causes for notices of deficiencies. If requested by any of the Government personnel set forth in paragraph 1 above, written receipts for the notices shall be furnished by the contractor’s representative.

4. A monthly checklist will be used to evaluate the overall cleanliness each UTA.

PROVISIONS AND CLAUSES:

All FAR Representation and Certifications in accordance with FAR 52.212-3, Offeror Representations and Certifications – Commercial Items shall be submitted through System for Award Management (SAM) at https://www.sam.gov.

https://www.sam.gov/

DOCUMENT NUMBER

W50S8V25Q0004

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 Contracting Officer's Representative. 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced.

2020-04 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC K

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05 SEC I

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05 SEC K

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

2023-06 SEC K

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

52.201-1 Acquisition 360: Voluntary Survey. 2023-09 SEC L 52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

2021-11 SEC K

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

2023-12 SEC K

52.204-7 System for Award Management. 2024-11 SEC L

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

2023-09 SEC L

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

2023-11 SEC I

52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process Electronic invoicing.

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) To access WAWF, the Contractor shall- WAWF access.

(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) The Contractor should follow the training instructions of the WAWF Web- WAWF training.

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) Document submissions may be via web entry, WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

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.

222 SabreJet Blvd, Martinsburg, WV 25405

(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.

2in1

(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) The Contractor shall use the information in the Routing Data TableDocument routing.

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 F87700

Issue By DoDAAC W50S8V

Admin DoDAAC W50S8V

Inspect By DoDAAC F7T1DF

Ship To Code ____

Ship From Code ____

Mark For Code F7T1DF

Service Approver (DoDAAC) F7T1DF

Service Acceptor (DoDAAC) F7T1DF

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Christopher "CJ" Broschart christopher.broschart@us.af.mil 304.616.5231

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

52.212-3 Offeror Representations and Certifications-Commercial

Products and Commercial Services.

2024-05

Offeror Representations and Certifications-Commercial Products and Commercial Services (May 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) . As used in this provision-Definitions

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"-

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) , as used in this definition, means a veteran as defined in 38 U.S.C. 101Service-disabled veteran (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) , as used in this definition, means business concerns, one of whom directly or indirectly Affiliates 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 ) by-13 CFR 124.105

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at ) individuals who are citizens of the United States; and13 CFR 124.104

(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 CFR124.104(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 least51 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) . Any changes provided by the Offeror in paragraph (b)Annual Representations and Certifications

(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) . The offeror represents as part of its offer that-Small business concern

(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 .] The offeror represents as part of its offer that itbusiness concern in paragraph (c)(1) of this provision is, is not a veteran-owned small business concern.

(3) [SDVOSB concern. Complete only if the offeror represented itself as a veteran-owned small ] The offeror represents that itbusiness concern in paragraph (c)(2) of this provision.

is, is not an SDVOSB concern.

(4) . The offeror represents that itSDVOSB concern joint venture eligible under the SDVOSB Program 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 The offeror represents that itbusiness concern in paragraph (c)(1) of this provision.] 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 .] The offeror represents that itbusiness concern in paragraph (c)(1) of this provision is, is not a women-owned small business concern.

(7) The offeror represents that itWOSB joint venture eligible under the WOSB Program.

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) The offeror Economically disadvantaged women-owned small business (EDWOSB) joint venture.

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

.] The offeror represents that itparagraph (c)(1) of this provision is a women-owned business concern.

(10) . If this is an invitation for bid, small business Tie bid priority for labor surplus area concerns 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 .] The offeror represents, as part of its offer, that-business concern in paragraph (c)(1) of this provision

(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.

Representations required to implement provisions of Executive Order11246-(d)

(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) . The offeror represents that-Affirmative Action Compliance

(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 parts 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 http://uscode.house.gov/ . (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, U.S.C. 1352) 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) . (Applies only if the clause at Federal Acquisition Regulation (FAR) Buy American Certificate 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. ____

[ ]List as necessary

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) . (Applies only if the clause at Buy American-Free Trade Agreements-Israeli Trade Act Certificate 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 of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or : Israeli End Products

Line Item No. Country of Origin

[ ]List as necessary

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other 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".

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ____

[List as necessary]

(v) The…