HQC005-22-Q-0019 Combined Synopsis Solicitation - Billboard Advertisements.pdf

Combined Synopsis/Solicitation Notice Consolidated Billboard Advertisement

Solicitation Number: HQC005-22-Q-0019 Response Date: Friday, May 27, 2022, 12:00 p.m. EST (noon) POC: Daniel Lindsey, Contract Specialist Email: daniel.lindsey@deca.mil Phone: 804-734-8000, x48774 Secondary POC: Jason Reedy, Contracting Officer Email: jason.reedy@deca.mil Phone: 804-734-8000, x49815 Place of Performance: Multiple Locations within United States Set Aside: 100% Small Business Set-Aside Classification Code: R701 – Support-Management Advertisement NAICS Code: 541820 – Public Relations Services Size Standard: $16,500,000.00

i. 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; quotes are being requested and a separate written solicitation will not be issued.

ii. The solicitation number for this procurement is HQC005-22-Q-0019 and is issued as a Request for Quote (RFQ).

iii. This solicitation document and incorporated provisions and clauses are those in effect through FAC 2020-03, DFARS Change Notice 20191127, and Defense Commissary Agency Acquisition Regulations (DeCAARS) 2005 Edition.

iv. This solicitation is published for 100% Small Business Set-Aside competition. For information purposes, the Federal Supply Classification is R701, the North American Industry Classification systems (NAICS) code is 541820, which has a small business size standard of $16,500,000.00.

v. Contract Line Item Numbers (CLINS):

CLIN 0001

Unit EA Estimated Price TBD

Billboard Advertisement Campaigns

FFP

Billboard Specifications for Campaigns:

The billboards for advertising campaigns shall include:

Fifteen (15) targeted locations with billboard placement be located on a highly traveled highway identified by each campaign.

CLICK2GO Delivery Billboard placement shall be within one (1) mile of the installation main gate. The period of performance for the Click2GO Delivery advertising billboard mailto:daniel.lindsey@deca.mil mailto:jason.reedy@deca.mil campaign will be eight (8) weeks throughout the month of June 13 – August 6, 2022 for established advertising service to be announced within 30 days of contract award.

CLICK2GO Delivery Campaign locations:

• Fort Belvoir Commissary, VA

• Scott AFB Commissary, IL

• Fort Bragg South Commissary, NC

• MacDill AFB Commissary, FL

• Norfolk NAVSTA Commissary, VA

• Fort Lewis Main Commissary, WA

• Miramar MCAS Commissary, CA

• San Diego NB Commissary, CA For location addresses please see Statement of Work and Attachment 1 - Solicitation Pricing Sheet.

DAV Medical Center Campaign: Billboard Placement shall be within one half (1/2) mile of the Veterans Affairs Medical Centers. The period of performance for the DAV Medical Center Advertising Billboard Campaign will be 12 weeks throughout the month of June 13

– September 4, 2022 for established advertising service to be announced within 30 days of contract award.

DAV Medical Center Campaign Locations:

• Fayetteville VA Medical Center, NC

• Wright-Patterson Medical Center, OH

• Audie L. Murphy VA Medical Center, TX

• Hunter Holmes McGuire VA Medical Center, VA

• North Las Vegas VA Medical Center, NV

• San Diego VA Medical Center, CA

• Biloxi VA Medical Center, MS For location addresses please see Statement of Work and Attachment 1 - Solicitation Pricing Sheet.

vi. Description of Requirements: The Defense Commissary Agency (DeCA) seeks to acquire services for non-personal commercial billboard advertising services for DeCA, hereafter referred to as “the Government.” The Government shall not exercise any supervision or control over the contractor performing the services herein. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items, and non-personal services necessary to perform the Commercial Billboard Advertising Services as defined in this Statement of Work (SOW). The contractor will utilize targeted marketing to reach the ideal customer derived from that customer's demographics that are associated with active duty military, retired, Veterans, and their dependents, as well as service connected veterans (DAV) who can now shop at the commissary due to a service connected benefit. Targeted marketing is generally limited in scope but is often more productive than broader types of marketing because it is designed around specific customer preferences and locations.

The billboards for advertising campaigns shall include:

• Format, Dimension, and placement for each of the locations: approximate billboard size is 10’ high X 22’ wide (actual billboard dimensions can vary by up to 1 ft on all sides for dimension scaling).

• Locations based on production and placement of billboards for either the 8-week or 12-weeks depending upon campaign.

• Designs are not digital.

• DeCA Advertisement creative to be provided later.

• Creative is sent to the contractor, suppliers produce the material to install, maintain, and then remove after promotion period.

• One sponsor per sign with custom artwork, provided by DeCA.

• Any other important information that will define this requirement regarding specific or salient characteristics for each location will be provided.

• The exact GPS coordinates, the number of daily/weekly impressions, and a map showing the exact location of the specified billboard and Commissary/ Medical Center location highlighted for each location shall be included with quote submission.

• Fifteen (15) targeted locations with billboard placement be located on a highly traveled highway identified by each campaign.

o CLICK2GO Delivery Billboard placement shall be within one (1) mile of the installation main gate.

o DAV Billboard Placement shall be within one half (1/2) mile of the Veterans Affairs

Medical Centers.

vii. Delivery: Service Delivery will be based on the required dates of service for each Advertising Campaign. Each campaign has specific period of performance requirements and dates for posting shall adhere to these dates in accordance with the statement of Work attached.

viii. Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items applies to this acquisition along with the following Addendum:

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items

The following paragraphs are altered as follows:

a. North American Industry Classification System (NAICS) Code: 541820

b. Submission of Quotes: Submit signed and dated quote to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, Quotes must show—

(1) The solicitation number: HQC005-22-Q-0019;

(2) The time specified in the solicitation for receipt of Quotes: Friday, May 27, 2022, 12:00 p.m. EST (noon);

(3) The following company information:

Company Name Address Point of Contact Phone Number

Email Address Cage Code DUNS Number

(4) Removed.

(5) Removed.

(6) Price Submission: Quoter’s shall complete Attachment 1, Solicitation Pricing Sheet. All light blue cells and Yellow cells must be completed. Quoters must enter a price for all fifteen (15) locations on pricing sheet for the quote to be accepted.

Price will be evaluated by combining the quoted prices for all fifteen (15) billboard locations into a Total Evaluated Price (TEP) for Solicitation Evaluation. The total evaluated price must be determined fair and reasonable in order to be determined acceptable for award. The contract specialist will evaluate the quote. The quote will not be discussed or released to anyone not directly involved in the selection for this acquisition.

***DO NOT CHANGE OR ATTEMPT TO CHANGE NON-YELLOW CELLS***

Light Blue Cells:

Quoter (Company Name): Input your “Doing Business As” name.

Cage Code: Input your five-character Cage Code

DUNS: Input your nine-digit DUNS number.

Primary POC*:

Name: Input the individual name for the primary POC (No general offices or groups...)

Email: Input the direct email address for the primary POC (No “group” emails...)

Phone: Input the direct phone number for the primary POC. Include extension if applicable.

Secondary POC*:

Name: Input the individual name for the secondary POC (No general offices or groups...)

Email: Input the direct email address for the secondary POC (No “group” emails...)

Phone: Input the direct phone number for the secondary POC. Include extension if applicable.

*Note: These are to be specific individuals that are available to stores and/or the DeCA Contracting Office for service issues, general questions, and/or contract modification signatures or distribution.

Light Yellow Cells:

Quoting Minimums: Quoters must quote on all locations for the quote to be accepted.;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (This requirement MUST be completed electronically through SAM (SAM.gov) for both FAR and DFARS). If any portions have been updated for this solicitation specifically, please list those paragraphs in section (b) of 52.212-3, and complete those paragraphs on this form. The SAM certifications must include the respective NAICS code found in the solicitation;

(9) Signed acknowledgment of any issued Solicitation Amendments;

(10) Past Performance Submission: Quoter’s must include the following information for a minimum of three (3) references:

• Company name

• Point of contact name and position title

• Email address of point of contact

• Phone number and extension

• Detailed description of the work performed for each reference, which shall include:

o -Contract or Project Number o -The required performance period cited on the contract and the time frame the work was actually accomplished.

The past performance evaluation considers each Quoter’s demonstrated record of performance in providing services that meet the contract’s requirements. To be considered, the effort must be currently on-going, or have been completed within three (3) years of quote submission.

If the Past performance of any subcontractor is being used to demonstrate past performance, then a letter on letterhead from the Subcontractor stating they are working together with the quoter’s company (named in letter) shall accompany the past performance survey submitted.

NOTE: The Government may contact the references; therefore, they should be able to provide information concerning quality of products, timeliness of deliveries, and customer satisfaction.

DeCA reserves the right to consider any other past performance information available to the Government such as CPARS (formerly PPIRS) or other databases that is no more than three (3) years old.

(11) Signature below, indicating the company’s statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

I agree with all terms, conditions, and provisions included in the solicitation:

Name/Signature Date

The following requirements for Quote submissions are added:

(12) Quoters must submit an electronic copy of the Solicitation Pricing Sheet

(Attachment A) protected version only in Excel format.

A detail of the exact GPS coordinates, the number of daily/weekly impressions, and a map showing the exact location of the specified billboard and Commissary/ Medical Center location highlighted for each location shall be included with quote submission.

Typed documents, hand written portions, and those including signatures must be scanned as a PDF or converted to PDF. All documents must be emailed to the following email addresses:

daniel.lindsey@deca.mil julie.proctor@deca.mil

It is suggested that Quoter's submit Quotes well in advance of the due date and time shown above. Quoter's are also encouraged to contact the contracting office responsible for this solicitation and to verify that all documents are received in advance of the due date and time of the Quote.

(13) All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing by email no later than Wednesday, May 25, 2022, 12:00 p.m. EST (noon) to Daniel J. Lindsey, at daniel.lindsey@deca.mil, and Julie Proctor, at Julie.proctor@deca.mil. A consolidated list of questions and answers, if applicable, will be provided to all prospective Quoters as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers.

(14) Complete all applicable clauses and provisions that require fill-ins.

All Quoters are to complete the following Clause Information (in the actual clause):

FAR 52.222-52, “Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Certification” “Does” = Service Contract Labor Standards (FAR 52.222-41) WILL NOT apply.

“Does Not” = Service Contract Labor Standards (FAR 52.222-41) WILL apply.

ix) Provision at FAR 52.212-2, EVALUATION--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(a) The Government intends to award a single contract 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, using lowest-price, technically acceptable (LPTA), simplified acquisition procedures. Quotes will be evaluated independently, using the following factors on an acceptable or unacceptable basis:

1. Technical Capability

2. Past Performance

3. Price mailto:daniel.lindsey@deca.mil mailto:julie.proctor@deca.mil mailto:Julie.proctor@deca.mil

Technical Capability (Factor 1). A quote will be evaluated as technically acceptable if it satisfies the Government’s minimum requirements described in the Statement of Work, follows all guidance within the Instructions to offerors section and elsewhere in this solicitation, and based on evidence of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements.

Minimum Requirement: Receive an acceptable rating for acknowledgement and understanding and being able to provide the service as outlined in the Statement of Work (SOW) and solicitation.

Past Performance Factor. Quoters will be rated on timeliness, quality of work, and business relations on a past performance survey with seven questions. Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown. In evaluating past performance, the Government will use various sources of information, including, but not limited to federal, state and local government agencies, Better Business Bureaus, published media, electronic databases (CPARS), and/or the quoter’s performance on DeCA contracts. The evaluation of past performance will consider relevant facts and circumstances. The Government will evaluate past performance as an indicator of future performance. Past performance will be evaluated as either “Acceptable” or “Unacceptable.”.

If neither the business nor any key personnel have a record of relevant past performance, the Government will rate past performance neither favorably nor unfavorably. A neutral rating will be considered as “Acceptable.”

Minimum Requirement: Receive an Acceptable rating for all assessed past performance categories.

Price: Price will be evaluated by combining the quoted prices for all fifteen (15) billboard locations into a Total Evaluated Price (TEP) for Solicitation Evaluation. The total evaluated price must be determined fair and reasonable in order to be determined acceptable for award.

The contract specialist will evaluate the quote. The quote will not be discussed or released to anyone not directly involved in the selection for this acquisition.

EVALUATION METHODOLOGY

Specifically, the evaluation process shall proceed as follows: First, the quotes will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP).

The lowest ranked TEP quoter’s past performance will then be evaluated and given a rating of acceptable or unacceptable. A quoter with no past performance will be rated as neutral-acceptable.

If the lowest ranked quoter’s past performance is rated as acceptable or neutral-acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more of the techniques contained in FAR sub-part 13.106-3. If the lowest ranked TEP quote is judged to have acceptable past performance and fair and reasonable pricing, the Government will complete a responsibility determination in accordance with the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that quote represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

If the lowest rated quoter’s past performance is assigned an unacceptable rating, or if the price is determined not fair and reasonable, or if the quoter is found to be non-responsible, the next lowest ranked TEP quote will be evaluated. This process will continue (in order of ascending (TEP) until a quoter is judged to have an acceptable technical rating, fair and reasonable pricing, and the quoter is deemed responsible.

The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. The Government is seeking to determine whether the quoter has consistently demonstrated a genuine concern by performing quality services on time, with concern for the customer's satisfaction. The evaluator will use the business references provided by the quoter, and any other information available, such as the Government-wide Contract Performance Assessment Reporting System (CPARS) at www.cpars.gov . If adverse information is obtained, that was not previously communicated;

the quoter will be provided an opportunity to respond.

(b) Removed.

(c) A written notice of award or acceptance of a Quote, mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote submission, shall result in a binding contract without further action by either party. Before the Quoter’s specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

x) Both FAR and DFARS Representations and Certifications must be completed and submitted to the System for Acquisition Management (SAM).

xi) FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2018) applies to this acquisition along with the following Addendum:

Addendum to 52.212-4, Contract Terms and Conditions – Commercial Items:

The following paragraphs are altered or added:

(c) Changes: The government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

xii) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2018-O0021) (MAY 2022)

(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.

http://www.cpars.gov/

(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 clauses of 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 quote further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that quote subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

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

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

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-

O0008) (OCT 2020)

(a) Definition. Small business concern, as used in this clause--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Quotes are solicited only from small business concerns. Quotes received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

xiii) The following clauses and provisions are applicable to this acquisition and are hereby incorporated by reference:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.212-1 Instructions to Offerors--Commercial Products and Commercial

Services

DEC 2021

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

DEC 2021

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor Standards -

Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons DEC 2021 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification

MAY 2014

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While

Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.216-7009 Allowability of Legal Costs Incurred in Connection With a

Whistleblower Proceeding

SEP 2013

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

The following clauses and provisions are applicable to this acquisition and are hereby incorporated in full text:

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Access http://www.wdol.gov/sca.aspx for each store location Use the job title Survey Worker to determine the wage rate.

Access https://www.cpms.osd.mil/Subpage/AFWageSchedules/ for each store location Compare the wage rate to the WG scale.

52.222-4503 CONSOLIDATED WAGE DETERMINATION (APR 2020)

The DOL wage determinations required for this solicitation and any resulting contract are incorporated by reference with full force and effect as required by FAR 52.222-41, Service Contract Labor Standards, (for commercial items see FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, paragraph (c)(2)). The applicable wage determinations are listed in the attached consolidated wage determination. If there is any discrepancy between the consolidated wage determination and the Department of Labor (DOL) wage determination (WD), the DOL WD shall prevail. Copies of the applicable WD are available at https://sam.gov/. If you are unable to obtain a copy of the WD from this site, please contact the issuing office identified in Block 9 of the SF 1449 or Block 7 of the SF 33.

(End Clause)

52.228-4502 OTHER INSURANCE REQUIREMENTS (OCT 1995)

The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance and shall furnish a certificate upon request by the Contracting Officer:

(1) Workmen's Compensation: As required by laws of the various States of performance.

(2) Employer's Liability: $100,000

(3) Comprehensive General Liability: $500,000 each occurrence.

52.252-1 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):

http://www.wdol.gov/sca.aspx https://www.cpms.osd.mil/Subpage/AFWageSchedules/ https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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.

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020)

https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/

(a) Definitions. As used in this provision - Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela".

Business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. Government of Venezuela means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

Person means -

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror -

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

(a) Definitions. As used in this clause--

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed- Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when--

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

https://wawf.eb.mil/

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report “COMBO”

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice and Receiving Report “COMBO”

(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 item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

https://www.sam.gov/

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0866 Issue By DoDAAC HQC005 Admin DoDAAC** HQC005 Inspect By DoDAAC N/A Ship To Code HQCAAA Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) HQCAAA Service Acceptor (DoDAAC) HQCAAA Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(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.

Daniel Lindsey, Contract Specialist at daniel.lindsey@deca.mil or (804) 734-8000, ext. 48774

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

IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA)

SOLICITATION AND CONTRACTS FOIA AND POSTING NOTICE

Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN). Unexercised option prices will not be published.

In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA Officer (foia@deca.mil), within 21 calendar days of the contract award date, any information contained in the contract that it deems to be confidential commercial information. The FOIA officer will review the submission and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the Agency as the contract holder having no such information to identify or withhold from posting in the FOIA electronic reading room.

The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and then again after the final option period has been exercised. However, should a FOIA request for the contract be received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the FOIA request. Unexercised option prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

CONSOLIDATED WAGE DETERMINATIONS

NOTE: Wage Determination information pertains to FAR Clause 52.222-41, Entitled Service Contract Act of 1965, As amended.

Complete wage determination in hard copy may be obtained at http://www.sam.gov

NAME OF LOCATION WHERE

PERFORMANCE WILL TAKE PLACE

STATE COUNTY WD

NUMBER

WD

REVISION

NUMBER

WD DATE

Fort Belvoir Commissary VA Fairfax County 2015-4281 22 3/15/2022

Scott AFB Commissary IL St. Clair County 2015-5075 21 3/15/2022

Fort Bragg South Commissary NC Cumberland County 2015-4377 18 3/15/2022

MacDill AFB Commissary FL Hillsborough County 2015-4571 17…