CONFORM COPY MOD SOLICITATION HQC005-23-C-0019.pdf

SEE ADDENDUM

(No Collect Calls)

HQC00523Q0019 10-Jul-2023

b. TELEPHONE NUMBER

804-734-8000

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 11 Aug 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HQC0059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TINITIA L. GHOLSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT GREGG-ADAMS VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

324110

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HQC00523Q0019

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4,700 Gallon Cherry Point MCAS Commissary LPG Service

FFP

MCAS Cherry Point Commissary Liquid Propane Gas Services

Contractor shall deliver Liquid Propane Gas Type II in accordance with Standard 1835-97 and the National Fire Protection Association (NFPA) 58.

Propane tank is 3,900 gallons and estimated annual usage is 4,700 gallons; this estimated annual usage is not a guarantee of actual usage. Gas will be used to power one (1) air handling unit at 350,000 BTU, six (6) high intensity infrared heaters at 50,000 MBH each, two (2) fan-type unit heaters at 75,000 BTU each, and two (2) hot water heaters at 199,000 BTU each.

Price per gallon will be $________.______ (dollar value) above____/below____/ equal to ____ (place a “X” in the appropriate line) the U.S Department of Energy Spot Price per gallon for Propane, Mount Belvieu, Texas for the date of delivery.

Price per gallon will be inclusive of any delivery fees.

Price includes all plant, labor, transportation, and equipment to provide the LP Gas.

The Government will insert a dollar amount for total amount funded for each period of performance at the time of award.

Pricing will be verified against the U.S. Department of Energy website for Petroleum and Other Liquids, Spot Prices, Propane, Mont Belvieu, Texas at https://www.eia.gov/dnav/pet/pet_pri_spt_s1_d.htm for the date of delivery.

A commissary point of contact (POC) will contact the contractor when delivery is required. Delivery shall be at a minimum within 48 hours, not including weekends or Federal holidays when the commissary is closed.

Delivery driver shall check in with the commissary POC prior to filling tank and a copy of the delivery ticket shall be provided to the commissary POC after tank fill, prior to leaving commissary premises. The delivery ticket shall have the date and time of delivery, a beginning and ending tank fill level percentage, and the total number of gallons dispensed. Prior to invoicing, the contractor will provide the Contracting Office a copy of the delivery ticket.

Base Period of Performance – March 1, 2024 through February 28, 2025

Store Address:

DeCA Rooselvelt Blvd, E Street Bldg 3918 MCAS Cherry Point, NC 28533-0030

Commissary POCs: Shalla Hemenway, Commissary Support Clerk (252) 466-0801 and Jozette Stewart, Assistant Store Director (252) 466-4379. POC positions will remain the same if there is any change in personnel.

FOB: Destination S111

NET AMT

1001 4,700 Gallon OPTION Cherry Point MCAS Commissary LPS Service

FFP

MCAS Cherry Point Commissary Liquid Propane Gas Services

Contractor shall deliver Liquid Propane Gas Type II in accordance with Standard 1835-97 and the National Fire Protection Association (NFPA) 58.

Propane tank is 3,900 gallons and estimated annual usage is 4,700 gallons; this estimated annual usage is not a guarantee of actual usage. Gas will be used to power one (1) air handling unit at 350,000 BTU, six (6) high intensity infrared heaters at 50,000 MBH each, two (2) fan-type unit heaters at 75,000 BTU each, and two (2) hot water heaters at 199,000 BTU each.

Price per gallon will be $________.______ (dollar value) above____/below____/ equal to ____ (place a “X” in the appropriate line) the U.S Department of Energy Spot Price per gallon for Propane, Mount Belvieu, Texas for the date of delivery.

Price per gallon will be inclusive of any delivery fees.

Price includes all plant, labor, transportation, and equipment to provide the LP Gas.

The Government will insert a dollar amount for total amount funded for each period of performance at the time of award.

Pricing will be verified against the U.S. Department of Energy website for Petroleum and Other Liquids, Spot Prices, Propane, Mont Belvieu, Texas at https://www.eia.gov/dnav/pet/pet_pri_spt_s1_d.htm for the date of delivery.

A commissary point of contact (POC) will contact the contractor when delivery is required. Delivery shall be at a minimum within 48 hours, not including weekends or Federal holidays when the commissary is closed.

Delivery driver shall check in with the commissary POC prior to filling tank and a copy of the delivery ticket shall be provided to the commissary POC after tank fill, prior to leaving commissary premises. The delivery ticket shall have the date and time of delivery, a beginning and ending tank fill level percentage, and the total number of gallons dispensed. Prior to invoicing, the contractor will provide the Contracting Office a copy of the delivery ticket.

Option Year One – March 1, 2025 through February 28, 2026

Store Address:

DeCA Rooselvelt Blvd, E Street Bldg 3918 MCAS Cherry Point, NC 28533-0030

Commissary POCs: Shalla Hemenway, Commissary Support Clerk (252) 466-0801 and Jozette Stewart, Assistant Store Director (252) 466-4379. POC positions will remain the same if there is any change in personnel.

2001 4,700 Gallon OPTION Cherry Point MCAS Commissary LPS Service

FFP

MCAS Cherry Point Commissary Liquid Propane Gas Services

Contractor shall deliver Liquid Propane Gas Type II in accordance with Standard 1835-97 and the National Fire Protection Association (NFPA) 58.

Propane tank is 3,900 gallons and estimated annual usage is 4,700 gallons; this estimated annual usage is not a guarantee of actual usage. Gas will be used to power one (1) air handling unit at 350,000 BTU, six (6) high intensity infrared heaters at 50,000 MBH each, two (2) fan-type unit heaters at 75,000 BTU each, and two (2) hot water heaters at 199,000 BTU each.

Price per gallon will be $________.______ (dollar value) above____/below____/ equal to ____ (place a “X” in the appropriate line) the U.S Department of Energy Spot Price per gallon for Propane, Mount Belvieu, Texas for the date of delivery.

Price per gallon will be inclusive of any delivery fees.

Price includes all plant, labor, transportation, and equipment to provide the LP Gas.

The Government will insert a dollar amount for total amount funded for each period of performance at the time of award.

Pricing will be verified against the U.S. Department of Energy website for Petroleum and Other Liquids, Spot Prices, Propane, Mont Belvieu, Texas at https://www.eia.gov/dnav/pet/pet_pri_spt_s1_d.htm for the date of delivery.

A commissary point of contact (POC) will contact the contractor when delivery is required. Delivery shall be at a minimum within 48 hours, not including weekends or Federal holidays when the commissary is closed.

Delivery driver shall check in with the commissary POC prior to filling tank and a copy of the delivery ticket shall be provided to the commissary POC after tank fill, prior to leaving commissary premises. The delivery ticket shall have the date and time of delivery, a beginning and ending tank fill level percentage, and the total number of gallons dispensed. Prior to invoicing, the contractor will provide the Contracting Office a copy of the delivery ticket.

Option Year Two – March 1, 2026 through February 28, 2027

Store Address:

DeCA Rooselvelt Blvd, E Street Bldg 3918 MCAS Cherry Point, NC 28533-0030

Commissary POCs: Shalla Hemenway, Commissary Support Clerk (252) 466-0801 and Jozette Stewart, Assistant Store Director (252) 466-4379. POC positions will remain the same if there is any change in personnel.

3001 4,700 Gallon OPTION Cherry Point MCAS CommissaryLPS Services

FFP

MCAS Cherry Point Commissary Liquid Propane Gas Services

Contractor shall deliver Liquid Propane Gas Type II in accordance with Standard 1835-97 and the National Fire Protection Association (NFPA) 58.

Propane tank is 3,900 gallons and estimated annual usage is 4,700 gallons; this estimated annual usage is not a guarantee of actual usage. Gas will be used to power one (1) air handling unit at 350,000 BTU, six (6) high intensity infrared heaters at 50,000 MBH each, two (2) fan-type unit heaters at 75,000 BTU each, and two (2) hot water heaters at 199,000 BTU each.

Price per gallon will be $________.______ (dollar value) above____/below____/ equal to ____ (place a “X” in the appropriate line) the U.S Department of Energy Spot Price per gallon for Propane, Mount Belvieu, Texas for the date of delivery.

Price per gallon will be inclusive of any delivery fees.

Price includes all plant, labor, transportation, and equipment to provide the LP Gas.

The Government will insert a dollar amount for total amount funded for each period of performance at the time of award.

Pricing will be verified against the U.S. Department of Energy website for Petroleum and Other Liquids, Spot Prices, Propane, Mont Belvieu, Texas at https://www.eia.gov/dnav/pet/pet_pri_spt_s1_d.htm for the date of delivery.

A commissary point of contact (POC) will contact the contractor when delivery is required. Delivery shall be at a minimum within 48 hours, not including weekends or Federal holidays when the commissary is closed.

Delivery driver shall check in with the commissary POC prior to filling tank and a copy of the delivery ticket shall be provided to the commissary POC after tank fill, prior to leaving commissary premises. The delivery ticket shall have the date and time of delivery, a beginning and ending tank fill level percentage, and the total number of gallons dispensed. Prior to invoicing, the contractor will provide the Contracting Office a copy of the delivery ticket.

Option Year Three – March 1, 2027 through February 29, 2028

Store Address:

DeCA Rooselvelt Blvd, E Street Bldg 3918 MCAS Cherry Point, NC 28533-0030

Commissary POCs: Shalla Hemenway, Commissary Support Clerk (252) 466-0801 and Jozette Stewart, Assistant Store Director (252) 466-4379. POC positions will remain the same if there is any change in personnel.

4001 4,700 Gallon OPTION Cherry Point MCAS Cmmissary LPS Service

FFP

MCAS Cherry Point Commissary Liquid Propane Gas Services

Contractor shall deliver Liquid Propane Gas Type II in accordance with Standard 1835-97 and the National Fire Protection Association (NFPA) 58.

Propane tank is 3,900 gallons and estimated annual usage is 4,700 gallons; this estimated annual usage is not a guarantee of actual usage. Gas will be used to power one (1) air handling unit at 350,000 BTU, six (6) high intensity infrared heaters at 50,000 MBH each, two (2) fan-type unit heaters at 75,000 BTU each, and two (2) hot water heaters at 199,000 BTU each.

Price per gallon will be $________.______ (dollar value) above____/below____/ equal to ____ (place a “X” in the appropriate line) the U.S Department of Energy Spot Price per gallon for Propane, Mount Belvieu, Texas for the date of delivery.

Price per gallon will be inclusive of any delivery fees.

Price includes all plant, labor, transportation, and equipment to provide the LP Gas.

The Government will insert a dollar amount for total amount funded for each period of performance at the time of award.

Pricing will be verified against the U.S. Department of Energy website for Petroleum and Other Liquids, Spot Prices, Propane, Mont Belvieu, Texas at https://www.eia.gov/dnav/pet/pet_pri_spt_s1_d.htm for the date of delivery.

A commissary point of contact (POC) will contact the contractor when delivery is required. Delivery shall be at a minimum within 48 hours, not including weekends or Federal holidays when the commissary is closed.

Delivery driver shall check in with the commissary POC prior to filling tank and a copy of the delivery ticket shall be provided to the commissary POC after tank fill, prior to leaving commissary premises. The delivery ticket shall have the date and time of delivery, a beginning and ending tank fill level percentage, and the total number of gallons dispensed. Prior to invoicing, the contractor will provide the Contracting Office a copy of the delivery ticket.

Option Year Four – March 1, 2028 through February 28, 2029

Store Address:

DeCA Rooselvelt Blvd, E Street Bldg 3918 MCAS Cherry Point, NC 28533-0030

Commissary POCs: Shalla Hemenway, Commissary Support Clerk (252) 466-0801 and Jozette Stewart, Assistant Store Director (252) 466-4379. POC positions will remain the same if there is any change in personnel.

5001 4,700 Gallon OPTION Cherry Point MCAS Commissary LPS Service

FFP

MCAS Cherry Point Commissary Liquid Propane Gas Services

Contractor shall deliver Liquid Propane Gas Type II in accordance with Standard 1835-97 and the National Fire Protection Association (NFPA) 58.

Propane tank is 3,900 gallons and estimated annual usage is 4,700 gallons; this estimated annual usage is not a guarantee of actual usage. Gas will be used to power one (1) air handling unit at 350,000 BTU, six (6) high intensity infrared heaters at 50,000 MBH each, two (2) fan-type unit heaters at 75,000 BTU each, and two (2) hot water heaters at 199,000 BTU each.

Price per gallon will be $________.______ (dollar value) above____/below____/ equal to ____ (place a “X” in the appropriate line) the U.S Department of Energy Spot Price per gallon for Propane, Mount Belvieu, Texas for the date of delivery.

Price per gallon will be inclusive of any delivery fees.

Price includes all plant, labor, transportation, and equipment to provide the LP Gas.

The Government will insert a dollar amount for total amount funded for each period of performance at the time of award.

Pricing will be verified against the U.S. Department of Energy website for Petroleum and Other Liquids, Spot Prices, Propane, Mont Belvieu, Texas at https://www.eia.gov/dnav/pet/pet_pri_spt_s1_d.htm for the date of delivery.

A commissary point of contact (POC) will contact the contractor when delivery is required. Delivery shall be at a minimum within 48 hours, not including weekends or Federal holidays when the commissary is closed.

Delivery driver shall check in with the commissary POC prior to filling tank and a copy of the delivery ticket shall be provided to the commissary POC after tank fill, prior to leaving commissary premises. The delivery ticket shall have the date and time of delivery, a beginning and ending tank fill level percentage, and the total number of gallons dispensed. Prior to invoicing, the contractor will provide the Contracting Office a copy of the delivery ticket.

Option Year Five – March 1, 2029 through February 28, 2030

Store Address:

DeCA Rooselvelt Blvd, E Street Bldg 3918 MCAS Cherry Point, NC 28533-0030

Commissary POCs: Shalla Hemenway, Commissary Support Clerk (252) 466-0801 and Jozette Stewart, Assistant Store Director (252) 466-4379. POC positions will remain the same if there is any change in personnel.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 1001 N/A N/A N/A Government 2001 N/A N/A N/A Government 3001 N/A N/A N/A Government 4001 N/A N/A N/A Government 5001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAR-2024 TO

28-FEB-2025

N/A N/A

1001 POP 01-MAR-2025 TO

28-FEB-2026

2001 POP 01-MAR-2026 TO

28-FEB-2027

3001 POP 01-MAR-2027 TO

29-FEB-2028

4001 POP 01-MAR-2028 TO

28-FEB-2029

5001 POP 01-MAR-2029 TO

28-FEB-2030

CLAUSES 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 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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

NOV 2021

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

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

MAR 2023

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

DEC 2022

52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

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

MAR 2023

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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

DEC 2022

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF QUOTES: Reference 52.212-1 Paragraph (b)

North American Industry Classification System (NAICS) Code applicable to this solicitation is 324110 and the Size Standard is 1,500 employees. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at https://www.sam.gov database. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

Per 13 CFR 121.106 - If the size determination is based on number of employees, the method for determining business size status is based on the average number of employees of the concern (including part-time and full-time employees of its domestic and foreign affiliates), which is based upon the number of employees for each of the pay periods for the preceding completed 12 calendar months. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html] (13 CFR 121.106)

FOLLOWING DOCUMENTS MUST BE SUBMITTED BY QUOTERS TO EMAIL ADDRESS:

tinitia.gholson@deca.mil and christina.ellison@deca.mil ;

(1) Standard Form 1449, Solicitation/Contract/Order for Commercial items, page 1, Blocks 17a, 17b (if applicable), 30a, 30b, and 30c completed and signed by an authorized representative on behalf of the quoter. Discount terms, if any, in Block 12.

(2) Schedule of Supplies/Services - Complete the requested text fill-ins in the line item descriptions for the one (1) year. Text fill-ins start with the following phrase...... "Price per gallon will be..." statement on the Contract Line Item Number (CLIN 0001) for the One Year Period, page 4. Multiple Awards are not possible.

(3) Commercial Odorized Propane Material Safety Data Sheet (MSDS) as required by DFARS 252.223- 7001 This document will be incorporated into contract award as an attachment.

(4) The System for Award Management (SAM) database for the prospective contractor that all electronic annual representations and certifications at https://www.sam.gov are current in conjunction with required registration in prior to submission of the offer.

(5) Past Performance References: Three (3) past performance references must be submitted that are most similar to the work of this solicitation that you have performed in the past three years. Submit the names of the three (3) companies who will be providing your reference to include company contact email address and phone number. DeCA reserves the right to consider any other past performance information available to the Government such as PPIRS or other databases.

II. PERIOD FOR ACCEPTANCE OF QUOTES: Reference 52.212-1 Paragraph(c) The Government requires a minimum acceptance period of 90 calendar days in lieu of the 30 calendar days as specified in FAR 52.212-1(c), Period of Acceptance of Quotes. The Government will not award a contract to a quoter allowing less than the Government’s minimum acceptance period.

III. NOTICE OF AWARD:

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, 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 (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Past Performance

2. Price

Technically acceptable Past Performance is equal to Price.

EVALUATION METHODOLOGY

1. Past Performance: 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 or other similar contracts. The contactor will submit the names of three (3) companies who will be providing your reference to include company contact email address and phone number. 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.

2. Price: Price will be evaluated by adding the total price for the base year to the total price for all option periods. The total evaluated price must be determined fair and reasonable in order to be determined acceptable for award. The contract specialist will evaluate all quotes. Quotes will not be discussed or released to anyone not directly involved in the source selection for this acquisition.

After receipt of quotes, the Government will rank quoter’s by Total Evaluated Price (TEP) in ascending price order. The Government will first evaluate the quoter with the lowest TEP. If the quoter with the lowest TEP is determined Acceptable for Past Performance and its price is determined fair and reasonable, the evaluation process will end as that quote is the lowest price technically acceptable. Award will be made to that quoter without further consideration for any quotes. If the lowest ranked TEP quoter’s Technical Capability or Past Performance is determined Unacceptable, or the price cannot be determined fair and reasonable, the next lowest TEP quoter’s Past Performance will be evaluated and receive a rating of Acceptable or Unacceptable. This process will continue (in order of ascending TEP) until a lowest price technically acceptable quoter with a fair and reasonable price is achieved. Upon that achievement, the evaluation process will end and award will be made to that quoter without further consideration of any other quotes.

Award will be made to the lowest-priced, technically acceptable Quoter. Multiple awards are not possible..

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in…