Combined-Synopsis Solicitation - W912CL22Q0015 (1).docx

RFQ/SOLICITATION NUMBER: W912CL-22-Q-0015

Fresh Fruits & Vegetables BPA Date: 06 April 22

STREAMLINED SOLICITATION:

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested to establish multiple Blanket Purchase Agreements (BPAs) and a written solicitation will not be issued.

ii. The solicitation number is W912CL-22-Q-0015 and is issued as a Request for Quote (RFQ).

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-05, effective date 10 March 2021.

iv. The associated North American Industrial Classification System (NAICS) code for this procurement is 111219 Other Vegetable (except Potato) and Melon Farming with a small business size standard of $1,000,000. This requirement is not being set aside for Small Businesses.

v. CLIN Structure:

CLIN

0001 thru Fresh Fruits and Vegetables (see Attachment 2, Price List for more details and Attachment 3, Delivery Requirement)

vi. Description of the Requirement:

The 410th Contracting Support Brigade establish at least three (3) BPAs for Fresh Fruits and Vegetables, to include all personnel, drivers training, and equipment necessary to provide these supplies in the country of Guatemala.

vii. Place of Delivery and Acceptance:

Delivery Sites:

Different locations in the country of Guatemala

Acceptance:

Different locations in the country of Guatemala

Applicable Provisions:

viii. The provision at 52.212-1, Instructions to Offerors—Commercial Items (Jun 2020), applies to this acquisition.

ix. The provision at 52.212-2 Evaluation—Commercial Items (Oct 2014) ADDENDUM, applies to this acquisition.

(a) The Government will establish a Master Blanket Purchase Agreements resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government in accordance with FAR 13.106-2.

(End of provision)

x. Offerors shall include with its offer a completed copy of the provisions at:

52.212-3, Offeror Representations and Certifications—Commercial Items (Feb 2021);

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020)

xi. 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018) applies to this acquisition, no addenda has been done.

xii. 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items (Jan 2021) applies to this acquisition.

xiii. The following clauses also apply to this acquisition:

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil

FAR 52.212-2 SAP ADDENDUM

52.212-2 -- Evaluation -- Commercial Items ADDENDUM As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award multiple BPAs resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered IAW FAR 13.106. The following factors shall be used to evaluate offers:

_________________BEST VALUE____________________

(b) Notification. For acquisitions that do not exceed the Simplified Acquisition Threshold (SAT) and for which automatic notification is not provided through an electronic commerce method that employs widespread electronic public notice, notification to unsuccessful suppliers shall be given only if requested or required by FAR 5.301.

(End of Provision)

AMC Level Protest -- If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office 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 AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840

Clauses Incorporated by reference:

52.202-1, Definitions (Jun 2020) 52.204-7, System for Award Management (Oct 2018) 52.204-13, System for Award Management Maintenance (Oct 2018) 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19, Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.209-6, Protecting the Government’s Interest When Subcontractor Debarred, Suspended, or Proposed for Debarment () 52.212-4 Contract Terms and Conditions—Commercial Items 52.209-7, Information Regarding Responsibility Matters (Oct 2018) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-26 Equal Opportunity (Sept 2016) 52.222-50 Combatting Trafficking in Persons (Oct 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases 52.225-14, Inconsistency Between English Version and Translation of Contract (Feb 2000);

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (Jun 2020) 52.229-6, Taxes -- Foreign Fixed-Price Contracts (Feb 2013);

52.229-11, Taxes on Certain Foreign Procurements-Notice and Representation (Jun 2020) 52.232-23 Assignment of Claims 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7000, Requirements Relating to Compensation of Former DOD Officials (Sep 2011);

252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sept 2013);

252.203-7005, Representation relating to compensation of former DOD officials (Nov 2011);

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.209-7004, Subcontracting With Firms That Are Owned or Controlled By the Government of A Terrorist Country (May 2019);

252.225-7001, Buy American and Balance of Payments Program (Dec 2017) 252.225-7041, Correspondence in English (Jun 1997);

252.225-7042, Authorization to Perform (Apr 2003);

252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the United States (Jun 2015) 252.225-7048 Export-Controlled Items 252.225-7987 (Dev) Requirements For Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (Deviation 2014-O0016) 252.229-7000, Invoices Exclusive of Taxes or Duties 252.229-7001, Tax Relief-Alternate I (Apr 2020);

252.232-7003, Electronic Submission of payment requests and receiving Reports (Dec 2018) 252.232-7006, Wide area workflow payment instructions (Dec 2018) 252.232-7008, Assignment of Claims (Overseas) (Jun 1997);

252.232-7010, Levies on Contract Payments (Dec 2006);

252.233-7001, Choice of Law (Overseas) (Jun 1997) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013) 252.243-7001, Pricing of Contract Modifications (Dec 1991) 252.243-7002, Requests for Equitable Adjustment (Dec 2012) 252.244-7000, Subcontracts for Commercial Items and Commercial Components (Oct 2020) 252.246-7000, Material Inspection and Receiving Report

Clauses Incorporated by Full Text:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Deviation 2013-O0019) (AUG 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

XX (xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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

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

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

(xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) 52.233-4703 HQ AMC Level Protest If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office 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 AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

http://farsite.hill.af.mil/

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.229-7001 Tax Relief (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Sales Tax; PERCENTAGE: 15%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

xiv. The Defense Priorities and Allocation System (DPAS) is not applicable to this requirement.

xv. Solicitation Date: 8 April 2022 Close Response Date/Time/Location: No later than 25 April 2022 at 8:00AM CST, or thru email at the below email addresses.

xvi. Points of Contact: SSG Megan M. Culey, Contract Specialist, e-mail megan.m.culey.mil@army.mil and SSG Matthew A. Brown, Contracting Officer, e-mail matthew.a.brown196.mil@army.mil

xvii. Price List Instructions. Attachment 2 Price List must be completed in its entirety and signed by Vendor. Upon receipt of your prices, the Government will review your pricing and, if determined to be fair and reasonable, will enter into an agreement with your company. This agreement does not obligate the government, only calls made from authorized government officials will obligate the government

xviii. Attachments:

1. Attachment 1 BPA Terms and Conditions

2. Attachment 2 Price List

3. Attachment 3 Delivery Requirement