Combo RFQ for Meal BPAs 24MAR2023 .pdf

WISCONSIN NATIONAL GUARD (WING) REQUEST FOR QUOTE - MEAL

BLANKET PURCHASE AGREEMENTs

1.0 Synopsis.

This is a combined synopsis solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This solicitation is issued as a request for quote (RFQ). This acquisition is utilizing NAICS code 722320 Caterers with the small business size standard being $7.5M. This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. This requirement is subject to availability of funding per FAR 52.232-18.

1.1 Eligibility for Award.

Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov as of the date of award determination to be eligible for award. Offeror must maintain a current registration in SAM for the entire duration of the BPA to be eligible for Calls and to facilitate disbursement of payments. Offeror shall ensure all representations and certifications are current in SAM as a condition of award.

1.2 Set Aside.

Any awards resulting from this request for quote will be made using a cascading set-aside order of precedence as follows:

In accordance with FAR Subpart 19.502-2 Total Small Business Set-Aside Procedures, any awards under this solicitation will be made on a competitive basis first to small business concerns in accordance with FAR 19.502-2.

If there are no acceptable offers from small business concerns for a specific location, the set-aside shall be withdrawn and the requirement, if still valid, will be made on the basis of full and open competition considering all offers submitted by responsible business concerns for the location.

1.3 Evaluation.

Issuance of a BPA shall be made on the basis of price with regard to the location of meal preparation. Issuance of BPA calls shall be made on the basis of established BPA rates from a contractor that is most advantageous to the Governmentand whom has the capability to fulfill the requirement within the time period necessary.

1.3.1 Submission Requirements – Complete the attached “BPA Quote Sheet” which includes your offeror information, locations, meal rates and delivery locations. Only a principal of the company shall sign the quote sheet.

1.4 Orders.

Upon issuance of a BPA, the Contractor may process orders under this BPA through the issuance of a BPA call or may process orders utilizing a Government Purchase Card (GPC) when authorized.

The BPA call may include a Delivery Schedule depicting points of contact for the meal requirement, locations to be delivered/picked up, projected dates and numbers of meals ordered.

A BPA call may be issued to support the organizational requirements over a multiple month period of performance.

1.5 Payment by Government Purchase Card (GPC).

Purchases under this Blanket Purchase Agreement may be made by Government Purchase Card (GPC) as an alternate form of payment when authorized. Terms established by Contractor’s Blanket Purchase Agreement shall be the same regardless of payment method. Advancement of charges is not authorized. Contractor shall not charge the Government prior to delivery/pickup of goods. Charges shall be made on or after the date of delivery and consolidated into one charge for the total amount.

1.6 Invoices.

An itemized invoice shall be submitted electronically through Wide Area Workflow (WAWF) located at https://piee.eb.mil/piee-landing/ for each BPA call received when services are performed. If the BPA call covers multiple units and/or multiple months of performance; The Contractor is authorized to submit multiple invoices against the BPA call by Contract Line Item Number (CLIN). When the Contractor is submitting an invoice in WAWF, it is critical that the Contractor does not check final invoice against a Contract Line Item Number or the BPA call unless it is the final invoice they will submit against that particular BPA call. Failure to do this may result in delay of payment. In addition, draft paper invoices will be emailed to the “Authorized Caller” and Contracting Officer Representative (COR) that initiates the services with the Contractor. This is to clear up any discrepancies prior to the invoice being entered into WAWF and to help facilitate receipt of services by the Government. Paper Invoices shall contain the following minimum information:

1) Contractor Name, address, and phone number.

2) BPA Call number (if applicable).

3) Date(s) of delivery.

4) Purchase Request reference number (if applicable)

5) Quantities delivered, unit cost, and total cost.

6) Invoice total amount due.

7) The Wisconsin National Guard is a federal government entity, and as such is exempt from all local, state, and federal taxes, including but not limited to sales taxes. Any charges or invoicing that includes taxes shall be disputed/declined by Government, if charged or invoiced by Contractor.

1.7 Electronic Invoicing through Wide Area Workflow (WAWF).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through WAWF. Additional information and registration for WAWF can be completed online at https://piee.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the BPA. All payments on BPA Calls will be made by electronic transfer of funds (EFT). The Government will make payment through WAWF upon satisfactory completion of work and proper invoice that permits certification for payment.

1.8 Payment.

Upon verification of invoices / charges submitted through WAWF by authorized WING personnel, the invoice will be paid by Electronic Funds Transfer (EFT) IAW the Prompt Payment Act as the primary form of payment, but may be made by GPC when authorized.

2.0 General: Statement of Work (SOW) for Meals

2.1 Scope: The contractor shall provide meals as defined in this SOW.

2.2 Background: The United States Property and Fiscal Office (USPFO) for Wisconsin intends to issue Blanket Purchase Agreements (BPA’s) for the preparation and delivery of meals to support units throughout the State of Wisconsin for training requirements throughout the year. The Government intends to establish BPAs to facilitate unit training throughout the State of Wisconsin for a period of five (5) years. The Government is obligated only to the extent of authorized purchases actually made under this BPA. The master BPA will not obligate any funds. Funds will be obligated by the individual BPA calls made against this master BPA. There will be no minimum purchase required under this BPA.

2.3 Period of Performance (PoP): The Agreement term shall be five years, however, pricing and utilization will be analyzed annually. Contract will be required to update sam.gov registration and contact information with the Contracting Officer annually. Anticipated start date for BPAs is June 1, 2023 and the first 12 months would end on May 31st, 2024. Exact dates will be listed in pursuant BPAs.

3.0 Definitions and Acronyms:

3.1 Definitions:

3.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

3.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

3.2 Acronyms:

AEI Army Enterprise Infostructure

AR Army Regulation DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation

HQDA Headquarters, Department of the Army

HSPD Homeland Security Presidential Directive KO Contracting Officer NGB National Guard Bureau PIPO Phase In/Phase Out POC Point of Contact

SSN Social Security Number

USD(I) Under Secretary of Defense for Intelligence

4.0 Requirements:

4.1 Standards.

4.1.1. All work under this contract shall conform to applicable Industry standards, State and Federal Health Regulations, Environmental Regulations as well as military regulations and bulletins to include AR 30-22 Army Food Program dated 07/17/2019, AR 40-25 Nutrition Standards and Education dated 01/03/2017, TB MED 530 Tri-Service Food Code dated 03/01/2019 and TB MED 577 Sanitary Control and Surveillance of Field Water Supplies. Work not meeting these standards shall be corrected by the Contractor at no additional cost to the Government.

4.2 Food Safety Responsibilities.

4.2.1. No person afflicted with, or a carrier of, a communicable disease shall be permitted in any room where products are prepared, manufactured, or otherwise handled. No person who has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portion of the body shall work in any capacity resulting in contact with the processing or handling of products, containers, or equipment used in the production of meals. Where health authorities require health certificates, said certificates shall be kept on file at the Contractors place of business and reviewed by the COR upon request. All personnel employed or subcontracted for by the Contractor shall receive appropriate training in proper food handling techniques and food protection principles and shall be cognizant of the danger of poor personal hygiene and unsanitary practices.

4.2.2. Cleanliness. All employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands.

They shall keep their hands clean and follow acceptable hygienic practices while on duty. Eating, expectorating, or use of tobacco in any form shall be prohibited in each room and vehicle where food products or supplies are prepared, stored, served or otherwise handled. Personnel shall not wear unsecured jewelry. All persons engaged in receiving, testing, processing, manufacturing, packing, or handling food products shall wear clean unstained clothing. Hair nets, headbands, caps, beard nets, or other effective hair restraints to effectively cover hair shall be worn so as to prevent contamination of food and food contact surfaces. Employees’ personal effects shall not be stored in food production or serving areas.

4.2.3. Vehicles and preparation facilities shall be constructed and operated to protect contents from contamination or deterioration. Vehicles used for transporting food items shall be kept clean and in good repair.

4.2.4. The contractor will ensure there are proper hand-washing facilities available and supplies necessary for personal hygiene, to include soap, paper towels, and waste receptacles, at all times in sufficient quantity to accommodate the number of Contractor personnel using the facility.

4.2.5. The Contractor will ensure that all Contractor personnel preparing or serving catered or boxed meals are 18 years or older and have a food handler’s permit as required by the County or State Health Department.

4.2.6. Food shall be prepared, transported, maintained, and served in accordance with Army Regulation 40-657 Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service dated 01/21/2005, and TB MED 530 Tri-Service Food Code dated 03/01/2019. Copies of which are available online at https://armypubs.army.mil/

4.3 Terms of BPA.

4.3.1. The contractor shall provide and/or deliver meals to the Wisconsin National Guard (WING) on an as needed basis. The requirement for meals is as follows:

4.3.1.1. Breakfast Meal Requirement. The breakfast meal shall, at a minimum, include the following classes of foods and servings per person and should adhere to nutritional guidelines and recipes outlined at Choosemyplate.gov:

• Eggs (1)

• Meat (1)

• Fruit or vegetable (1)

• Starch, bread, or potatoes (1),

• Hot or cold cereal (1)

• Pastry (Optional)

• Drinks including but not limited to coffee, juice (optional), and milk.

Sample breakfast meal items include, but are not limited to the following: eggs any style (omelets, hard boiled, scrambled, poached, etc.), breakfast meat (bacon, sausage, sliced ham), fresh or canned fruits, hot or cold cereal, one grilled specialty (pancakes, waffles, French toast, all with syrup), hash browns, choice of bread (toast, bagel, biscuit, or English muffin), breakfast pastry (raised or cake donut, sweet muffin, sweet roll, or Danish), yogurt, meat based gravy, and appropriate condiments, such as margarine, honey, salt and pepper, and choice of spread (jam or jelly).

Contractor will provide alternate meals to meet the needs of Soldiers who have special dietary needs in the kinds and quantities ordered by the Government.

Note: Each portion will include 115g to 225g Carbohydrate per meal per Soldier (10g of which is fiber) 23g to 45g Protein per meal per Soldier; 6g to 40g Fat per meal per Soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per Soldier. Meals should not be less than 850 calorie per Soldier offered.

(Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g.)

4.3.1.2. Lunch and Dinner Meal Requirement. The lunch and dinner shall, at a minimum, include the following classes of foods and servings per person and should adhere to nutritional guidelines and recipes outlined at Choosemyplate.gov:

• Entrée to include a 6 oz. serving of protein (1)

• Vegetables (2)

• Starch, bread, or potatoes (1)

• Fruit or dessert (1)

• Drinks shall include coffee plus choice of two other drinks; such as flavor aid, tea, carbohydrate beverage/ soft drink, or milk.

Sample lunch and dinner meal items include but are not limited to: soup or stew, baked, roasted or grilled meat, one or more sauce or gravy to accompany the entrée, mashed, fried or baked potatoes, cooked vegetables such as green beans, carrots, or corn, salad, salad dressing, two choices of fruit, bread (wheat, white, rolls, cornbread, garlic, biscuit), appropriate condiments such as margarine, ketchup, mustard, salt and pepper, honey, jelly, fresh fruit, canned fruit, baked dessert (cake, cookies, ice cream, Gelatin, yogurt), and two choices to drink.

Contractor will provide alternate meals to meet the needs of Soldiers who have special dietary needs in the kinds and quantities ordered by the Government.

Note: Each portion will include 115g to 225g Carbohydrate per meal per Soldier (10g of which is fiber) 23g to 45g Protein per meal per Soldier; 6g to 40g Fat per meal per Soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per Soldier. Meals should not be less than 850 calorie per Soldier offered.

(Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g.

4.3.1.3 Boxed Lunch Meal Requirement. The boxed lunch meal, at a minimum, includes the following classes of foods and servings per person:

• 6” Sub style or round bun sandwich with 5.5 to 5.75 ounces of ham, roast beef, vegetarian option, or turkey with cheese

• Condiments available on the side (lettuce, tomato, onions and pickles)

• Individually portioned Mayonnaise, Mustard, Black Pepper and Salt Packet

• 1.5 ounce Bag of Potato Chips (Various)

• 1.5 ounce Cookie or piece of fresh fruit (banana, orange, apple)

• 12 ounce Carbohydrate Beverage (Can), Sports Drink, or Fruit Juice

Contractor will provide alternate meals to meet the needs of Soldiers who have special dietary needs in the kinds and quantities ordered by the Government.

Note: Each portion will include 115g to 225g Carbohydrate per meal per Soldier (10g of which is fiber) 23g to 45g Protein per meal per Soldier; 6g to 40g Fat per meal per Soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per Soldier. Meals should not be less than 850 calorie per Soldier offered.

(Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g.

4.4. Menu and Coordination of Pickup/Delivery:

4.4.1. Coordination to include menu selection, quantities ordered, time and place of delivery/pickup, shall be coordinated between the Contractor and the ordering unit POC, which will be the unit supply personnel. Menu planning may include meals for Soldiers with special dietary needs, and it is the responsibility of the ordering unit to determine the nature of any special needs and order appropriate quantities of meals required to provide for these Soldiers.

The ordering POC may request from a Contractor specific information about the menu items offered as needed to make informed choices, including but not limited to use of ingredients related to common allergies or whether fruit, vegetables, or eggs supplies are fresh, frozen or canned. At no time shall the Contractor accept any changes that will exceed the authorized BPA price per meal or the terms and conditions in the BPA unless authorized by the Contracting Officer.

4.4.2 Quantities of meals ordered are generally based on preliminary estimates which are subject to change as the government’s requirement changes or becomes more certain. Projected dates of services to be performed are subject to change during the month. A Seventy Two (72) hour notice is the default minimum time frame to place or cancel orders submitted to a Contractor from ordering points of contact. A twelve (12) hour notice is the default minimum time frame to make a 10% decrease or increase to the agreed upon order.

4.5. Delivery and Serving of Meals:

4.5.1. All meals are to be prepared and presented to pickup person or delivered at the rate established on the BPA.

• Government Pickup. Wisconsin National Guard personnel will be responsible for picking up meals with its own transportation at the Contractor location and providing its own food servers and flatware (paper plates, cups, napkins, and utensils, etc) at the dining location.

Government will be responsible for cleaning and returning any serving containers to the Contractor. Contractor will still provide condiments as necessary.

• Contractor Delivery Only. Contractor will deliver meals to the dining location but will not provide servers or flatware. Government will be responsible for cleaning and returning any serving containers to the Contractor. Contractor will still provide condiments as necessary.

4.6. Authorized Changes.

Changes to the BPA must be made through the Wisconsin National Guard Purchasing and Contracting Office. Contact Information for the Contracting Officer is: USPFO for Wisconsin, Attn: Zachary Tevis, 1 Williams St. Camp Douglas, Wisconsin 54618. Phone 608.427.7277, Email: zachary.r.tevis.civ@army.mil

5.0. Pricing of BPA

5.1. Please refer to resulting BPAs for pricing

6.0 Applicable Publications: Publications applicable to this requirement are listed below:

Publication

(Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation

Advisory https://www.acquisition.gov/?q= browsefar

Defense Federal

Acquisition Regulation Supplement

Advisory http://www.acq.osd.mil/dpap/dar s/dfarspgi/current/index.html

DoDM 5200.2 Regulation

5200.02 Procedures for the

DoD Personnel Security Program (PSP)

04/03/2017 Advisory http://www.dtic.mil/whs/directiv es/corres/pub1.html

Army Directive 2014-05

Policy and Implementation Procedures for Common

Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/2014 Advisory http://www.apd.army.mil/Produc tMaps/PubForm/ArmyDir.aspx

AR 190-13

The Army Physical Security Program

06/27/2019 Advisory http://www.apd.army.mil/Produc tMaps/PubForm/AR.aspx

DoD 5400.11 Department of Defense

Privacy Program

1/29/2019 Advisory http://www.dtic.mil/whs/directiv es/corres/dir.html#

DoD 5400.11-R

Department of Defense Privacy Program

05/14/2007 Advisory http://www.dtic.mil/whs/directiv es/corres/pub1.html

DoDD 8140.01

Cyberspace Workforce Management

08/11/2014

(Change 1:

07/31/2017)

Advisory http://www.dtic.mil/whs/directiv es/corres/dir.html

DoD 8570.01-M Information Assurance

Workforce Improvement Program

12/19/2005 (Change 4:

11/10/2015)

Advisory http://www.dtic.mil/whs/directiv es/corres/pub1.html

AR 25-2

Information Assurance 04/04/2019 Advisory http://armypubs.army.mil/Produc tMaps/PubForm/AR.aspx

AR 530-1

Operations Security

09/26/2014 Advisory http://armypubs.army.mil/Produc tMaps/PubForm/AR.aspx

DoD 5220.22-M National Industrial Security Program Operating Manual

02/28/2006

(Change 2:

05/18/2016)

Advisory http://www.dtic.mil/whs/directiv es/corres/pub1.html

AR 381-12

Threat Awareness and Reporting Program (TARP)

(Section II, ¶ 2-4.b)

06/01/2016 Advisory http://armypubs.army.mil/Produc tMaps/PubForm/AR.aspx

Army Regulation 40-657 Veterinary/Medical Food

Safety, Quality Assurance, and Laboratory Service

01/21/2015 Advisory https://armypubs.army.mil/Produ ctMaps/PubForm/Details.aspx?P

UB_ID=19

ATTP 4-41 Army Field Feeding and

Class I

12/31/2015 Advisory https://armypubs.army.mil/Produ ctMaps/PubForm/Details.aspx?P

UB_ID=105894

TB MED 530 Tri-Service Food Code

3/1/2019 Advisory https://armypubs.army.mil/Produ ctMaps/PubForm/ActiveInactive RescSearch.aspx

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

I-9 Employment Eligibility

Verification

10/21/201 https://www.uscis.gov/sites/default/files/files/form/ i-9.pdf

DD 441

Department of Defense

Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddfor ms0001-0499.htm

DD 250

Material Inspection and

Receiving Report

Aug 2000 http://dtic.mil/whs/directives/forms/dd/ddforms000 1-0499.htm

7.0. Submission of Quotes

7.1. The Government anticipates issuing BPAs without discussions. Therefore, Offeror should submit their best and final pricing. The Contractor must ensure that all components of the BPA Quote Sheet are included in their submission. The Government reserves the right to issue a BPA(s) solely on initial quotes received. Late or incomplete proposals may not be considered.

7.2. All questions must be addressed to the Contracting Officer in writing by email. All proposals are due NLT 1 May 2023 at 3:00 p.m. CST by email to Zachary Tevis, zachary.r.tevis.civ@army.mil . Questions and proposals can be emailed to Zachary Tevis, zachary.r.tevis.civ@army.mil. E-mailed proposals must be in adobe acrobat (.pdf) format.

8.0. Provisions and Clauses:

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses are applicable to this solicitation:

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

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Oct 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

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

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

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)

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

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

__ (41)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43)

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

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63)

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

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

_X_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix)

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

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 Days of the expiration of agreement; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond FY2023. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond FY2023, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.233-2 -- Service of Protest.

As prescribed in 33.106, insert the following provision:

Service of Protest (Sep 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USPFO-P&C 1 Williams Street, Camp Douglas, WI 54618.

The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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

https://acquisition.gov/

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

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 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.

252.225-7031 Secondary Arab Boycott of Israel.

As prescribed in 225.7605, use the following provision:

SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

(a) Definitions. As used in this provision—

(1) Foreign person means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in 50 U.S.C. App. 2415(2) and means—

(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.

(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it—

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

As prescribed in 225.771-5, use the following provision:

Disclosure of Ownership or Control by THE GOVERNMENT OF A COUNTRY That is a State Sponsor of Terrorism (DEC 2018)

(a) Definitions. As used in this provision—

Government of a country that is a state sponsor of terrorism includes the state and the government of a country that is a state sponsor of terrorism, as well as any political subdivision, agency, or instrumentality thereof.

Significant interest means—

(i) Ownership of or beneficial interest in 5 percent or more of the firm s or subsidiary s securities. Beneficial interest includes holding 5 percent or more of any class of the firm s securities in nominee shares, street names, or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

State sponsor of terrorism means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, North Korea, Sudan, and Syria.

(b) Prohibition on award. In accordance with 10 U.S.C. 2327, unless a waiver is granted by the Secretary of Defense, no contract may be awarded to a firm if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in—

(1) The firm;

(2) A subsidiary of the firm; or

(3) Any other firm that owns or controls the firm.

(c) Representation. Unless the Offeror submits with its offer the disclosure required in paragraph

(d) of this provision, the Offeror represents, by submission of its offer, that the government of a country that is a state sponsor of terrorism does not own or control a significant interest in—

(1) The Offeror;

(2) A subsidiary of the Offeror; or

(3) Any other firm that owns or controls the Offeror.

(d) Disclosure.

(1) The Offeror shall disclose in an attachment to its offer if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in the Offeror; a subsidiary of the Offeror; or any other firm that owns or controls the Offeror.

(2) The disclosure shall include—

(i) Identification of each government holding a significant interest; and

(ii) A description of the significant interest held by each government.