RFP_FINAL.pdf

ATTENTION TO OFFEROR

The U.S. COAST GUARD SHORE INFRASTRUCTURE LOGISTICS CENTER (SILC) invites you to submit a proposal, via the Acquisition of Commercial Items and Contracting by Negotiation procedures (cf. Federal Acquisition Regulation [FAR] Parts 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiations), to provide the following commercial services: All labor, materials, equipment and any other items or services applicable or appropriate for Full Food services at the USCG Academy, New London, CT.

This requirement is issued as a FULL AND OPEN COMPETITION. The North American Industry Classification System (NAICS) code 722310 (Food Service Contractors) applies to this RFP, and its size standard is $38.5M.

These services are being solicited under Request for Proposal (RFP) HSCG84-15-R-AA1441

Any and all questions regarding this solicitation shall be submitted in writing to the Contract Specialist, at Erin.K.Bass@uscg.mil. Any Amendments will be posted on the Federal Business Opportunity Website at www.fbo.gov. It is the potential offer’s responsibility to monitor these avenues for release of any future amendments to the solicitation.

Please read entire solicitation. The following information is highlighted for your attention:

1. This solicitation and enclosed clauses are current as of FAC 2005-81 (APR 2015).

2. Be sure to complete the SF1449 first page of offer, including appropriate signature.

3. Be sure to complete all required prices set forth in the Schedule of Supplies/Services

(Block 19 through 24), Unit Price and Total Amount information required starting on Page 4-8 of 63.

4. Be sure to read FAR Provisions 52.212-1 Instructions to Offerors -- Commercial Items and 52.212-2 Evaluation - Commercial Items.

5. Any and all questions regarding this solicitation must be submitted in writing to the Contract Specialist, no later than 11 May 2015.

6. Be sure that your offer reaches this office by the time and date specified in Block #8 of the SF1449, and/or in any amendments thereto.

7. Site visit is scheduled for 8 May 2015 at 10am.

8. The due date for proposals is 1 June 2015 (4pm, EDT).

The offeror shall submit ONE (1) Original, Two (2) Copies and One (1) Electronic version of the offer and any additional documentation to the following Address by the DATE and TIME specified in Block 8 of the SF1449, Page 1 of the RFP. All versions must be received by the due date for proposals in order for the proposal to be deemed timely.

COMMANDING OFFICER

Base Support and Services Commercial Support Services Contract Operations Branch (SILC-BSS-COB2) Coast Guard Shore Infrastructure Logistics Center

ATTN: Erin Bass (COB2E)

300 EAST MAIN STREET, SUITE 965

NORFOLK, VA 23510-9113

FAILURE TO COMPLETE THE SOLICITATION DOCUMENT AND AMENDMENTS AS

REQUIRED MAY RESULT IN DELAY OF AWARD OR DETERMINATION THAT YOUR OFFER

IS NOT RESPONSIVE.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests.

Under this informal process the agency is not required to suspend contract award performance.

Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to OPAP@uscg.mil or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

HSCG84-15-R-AA1441

Erin Bass 757-628-4117

USCG Academy 15 Mohegan Ave, New London, CT 06320

Contract Specialist: Erin Bass, 757-628-4117 E-mail address: erin.k.bass@uscg.mil

Commander, USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0343 Phone: (800) 564-5504

Full Food Services for United States Coast Guard Academy, New London, CT for a base year of 1 October 2015 through 30 September 2016.

38.5

04/30/2015

06/01/2015

4PM EDT

Commander Shore Infrastructure Logistics Center COB-2 300 East Main Street, Suite 965 Norfolk, Virginia 23510-9113

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 2 of 63

RFP# HSCG84-15-R-AA1441

NAME OF OFFEROR OR CONTRACTOR

Continuation of SF1449 – Block 16/Contract Management

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the contractor. The individuals listed below will be the Government points of contact during the performance period as follows:

The Field Support Services Contracting Section (COB2E), U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will perform all contract administration under this contract.

The location of the Primary Contracting Officer, Alternate(s) Contracting Officer, and Contract Specialist/Administrator for the contract is at 300 East Main Street, Suite 965, Norfolk, VA 23510-9113. Communication pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers listed below. Changes in, or deviation from, the scope of work will not be effected without a written modification to the contract as executed by a SILC Contracting Officer.

PRIMARY:

Contracting Officer: Ms. Tracey Strawbridge, Telephone No. 757-628-4130 Email: tracey.strawbridge@uscg.mil

ALTERNATES:

Contracting Officer: Mr. Reginald B. Henderson, Telephone No. 757-628-4129 Email: reginald.b.henderson@uscg.mil

Brach Manager/Contracting Officer: Ms. Jeanie Thorne, Telephone No. 757-628-4109 Email: jeanie.s.thorne@uscg.mil

The Contract Specialist/Administrator, Ms. Erin Bass; Telephone No: 757-628-4117, serves as the point of contact between the Contractor and the Contracting Officer; however, this person does not have a warrant that provides the authority to contractually commit the Government.

The Contracting Officer's Representative (COR) is a Government personnel designated in writing by the Contracting Officer to act as technical advisor for the Contracting Officer for items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the contract.

Continuation of SF1449 – Block 17b/Remittance Address

Contractor desiring payment to be mailed to an address different from the address shown in Block 17A, SF1449, shall insert such address in the proposal.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 3 of 63

Continuation of SF1449 – Block 18b/Invoice Procedures

Invoicing Instructions: Electronic submission of Invoices is mandatory

1. The Contractor shall submit invoices for services via Coast Guard Finance Center

Website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website.

Invoice Routing Code:

SILC PCB-2

(help)

Invoice Receipt Date:

MM/DD/YY

(help)

Contract Number: (help) Invoice Number: (help)

Requisition Number: (help) Invoice Date:

MM/DD/YY

(help)

Delivery/Task Order Number: (help) Invoice Amount:

0.00

(help)

Discount Terms:

00.00

Discount Days

Net Days (help)

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name: (help)

Submitter Email: (help)

Submitter Phone: (help)

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SILC PCB-2.

5. The Contractor shall attach a single PDF file no larger than 1MB as the official invoice.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 4 of 63

Full Food Services at the USCG Academy (Base Year- 1 October 2015 through 30 September 2016)

CLIN Description Est.

Qty

Price/ Meal*

Estimated Total Amount

For the patrons of the CADET Wardroom located in Chase Hall and patients in the Academy Clinic located in Michel Hall:

00001 Breakfast 171716 $ $ 00002 Lunch (Family Style) 176630 $ $ 00003 Dinner (Family Style) 16700 $ $ 00004 Dinner (Buffet) 112770 $ $ 00005 Box Lunch 22096 $ $ 00006 Sunday & Holiday Brunch 12822 $ $ 00007 Buffet Meal (weekends)- Breakfast 14987 $ $ 00008 Buffet Meal (weekends)- Lunch 11247 $ $ 00009 Buffet Meal (weekends)- Dinner 31578 $ $ For the patrons of the Coast Guard Dining Facility located in Chase Hall:

00010 Breakfast 17108 $ $ 00011 Lunch 29257 $ $ 00012 Dinner 12955 $ $ Special Events Pricing 00013 Light snack 1000 $ $ 00014 Chapel Coffee Service 50 $ $ 00015 Picnic (Buffet Style w/servers) 1-600 meals 5745 $ $ 00016 Picnic (Buffet Style w/servers) 600+ meals 6165 $ $ 00017 Picnic (for pick-up, no servers) 1+ meals 690 $ $ 00018 Banquets- Informal (Buffet) 1-150 meals 205 $ $ 00019 Banquets- Informal (Buffet) 151-350 meals 1 $ $ 00020 Banquets- Informal (Buffet) 351+ meals 1 $ $

TOTAL CLINS 00001-00020 $

CLIN 00021 Banquets- Formal sit-down individual service IAW PWS pages 27-28. Prices will be evaluated based on total evaluated price from Attachment 4, CLIN X0021 Price Evaluation Worksheet.

Range entrée 1 entrée 2 entrée 3 entrée 4 entrée 5 1-250 $ $ $ $ $ 251-350 $ $ $ $ $ 351-450 $ $ $ $ $ 451+ $ $ $ $ $

*The Price/Meal includes all labor, food costs, materials, G&A, overhead and profit.

ANY VARIATION IN QUANTITIES BETWEEN CLINS 00001 AND 00021 IS ACCEPTABLE AS LONG

AS THE FUNDED AMOUNT IS NOT EXCEEDED.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 5 of 63

Full Food Services at the USCG Academy (Option Year One: 1 October 2016 - 30 September 2017)

Qty

Price/ Meal*

Estimated Total Amount

For the patrons of the CADET Wardroom located in Chase Hall and patients in the Academy Clinic located in Michel Hall:

10001 Breakfast 171716 $ $ 10002 Lunch (Family Style) 176630 $ $ 10003 Dinner (Family Style) 16700 $ $ 10004 Dinner (Buffet) 112770 $ $ 10005 Box Lunch 22096 $ $ 10006 Sunday & Holiday Brunch 12822 $ $ 10007 Buffet Meal (weekends)- Breakfast 14987 $ $ 10008 Buffet Meal (weekends)- Lunch 11247 $ $ 10009 Buffet Meal (weekends)- Dinner 31578 $ $ For the patrons of the Coast Guard Dining Facility located in Chase Hall:

10010 Breakfast 17108 $ $ 10011 Lunch 29257 $ $ 10012 Dinner 12955 $ $ Special Events Pricing 10013 Light snack 1000 $ $ 10014 Chapel Coffee Service 50 $ $ 10015 Picnic (Buffet Style w/servers) 1-600 meals 5745 $ $ 10016 Picnic (Buffet Style w/servers) 600+ meals 6165 $ $ 10017 Picnic (for pick-up, no servers) 1+ meals 690 $ $ 10018 Banquets- Informal (Buffet) 1-150 meals 205 $ $ 10019 Banquets- Informal (Buffet) 151-350 meals 1 $ $ 10020 Banquets- Informal (Buffet) 351+ meals 1 $ $

TOTAL CLINS 10001-10020 $

CLIN 10021 Banquets- Formal sit-down individual service IAW PWS pages 27-28. Prices will be evaluated

Range entrée 1 entrée 2 entrée 3 entrée 4 entrée 5 1-250 $ $ $ $ $ 251-350 $ $ $ $ $

ANY VARIATION IN QUANTITIES BETWEEN CLINS 10001 AND 10021 IS ACCEPTABLE AS LONG

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 6 of 63

Full Food Services at the USCG Academy (Option Year Two: 1 October 2017 - 30 September 2018)

Qty

Price/ Meal*

Estimated Total Amount

For the patrons of the CADET Wardroom located in Chase Hall and patients in the Academy Clinic located in Michel Hall:

20001 Breakfast 171716 $ $ 20002 Lunch (Family Style) 176630 $ $ 20003 Dinner (Family Style) 16700 $ $ 20004 Dinner (Buffet) 112770 $ $ 20005 Box Lunch 22096 $ $ 20006 Sunday & Holiday Brunch 12822 $ $ 20007 Buffet Meal (weekends)- Breakfast 14987 $ $ 20008 Buffet Meal (weekends)- Lunch 11247 $ $ 20009 Buffet Meal (weekends)- Dinner 31578 $ $ For the patrons of the Coast Guard Dining Facility located in Chase Hall:

20010 Breakfast 17108 $ $ 20011 Lunch 29257 $ $ 20012 Dinner 12955 $ $ Special Events Pricing 20013 Light snack 1000 $ $ 20014 Chapel Coffee Service 50 $ $ 20015 Picnic (Buffet Style w/servers) 1-600 meals 5745 $ $ 20016 Picnic (Buffet Style w/servers) 600+ meals 6165 $ $ 20017 Picnic (for pick-up, no servers) 1+ meals 690 $ $ 20018 Banquets- Informal (Buffet) 1-150 meals 205 $ $ 20019 Banquets- Informal (Buffet) 151-350 meals 1 $ $ 20020 Banquets- Informal (Buffet) 351+ meals 1 $ $

TOTAL CLINS 20001-20020 $

CLIN 20021 Banquets- Formal sit-down individual service IAW PWS pages 27-28. Prices will be evaluated

Range entrée 1 entrée 2 entrée 3 entrée 4 entrée 5 1-250 $ $ $ $ $ 251-350 $ $ $ $ $

ANY VARIATION IN QUANTITIES BETWEEN CLINS 20001 AND 20021 IS ACCEPTABLE AS LONG

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 7 of 63

Full Food Services at the USCG Academy (Option Year Three: 1 October 2018 - 30 September 2019)

Qty

Price/ Meal*

Estimated Total Amount

For the patrons of the CADET Wardroom located in Chase Hall and patients in the Academy Clinic located in Michel Hall:

30001 Breakfast 171716 $ $ 30002 Lunch (Family Style) 176630 $ $ 30003 Dinner (Family Style) 16700 $ $ 30004 Dinner (Buffet) 112770 $ $ 30005 Box Lunch 22096 $ $ 30006 Sunday & Holiday Brunch 12822 $ $ 30007 Buffet Meal (weekends)- Breakfast 14987 $ $ 30008 Buffet Meal (weekends)- Lunch 11247 $ $ 30009 Buffet Meal (weekends)- Dinner 31578 $ $ For the patrons of the Coast Guard Dining Facility located in Chase Hall:

30010 Breakfast 17108 $ $ 30011 Lunch 29257 $ $ 30012 Dinner 12955 $ $ Special Events Pricing 30013 Light snack 1000 $ $ 30014 Chapel Coffee Service 50 $ $ 30015 Picnic (Buffet Style w/servers) 1-600 meals 5745 $ $ 30016 Picnic (Buffet Style w/servers) 600+ meals 6165 $ $ 30017 Picnic (for pick-up, no servers) 1+ meals 690 $ $ 30018 Banquets- Informal (Buffet) 1-150 meals 205 $ $ 30019 Banquets- Informal (Buffet) 151-350 meals 1 $ $ 30020 Banquets- Informal (Buffet) 351+ meals 1 $ $

TOTAL CLINS 30001-30020 $

CLIN 30021 Banquets- Formal sit-down individual service IAW PWS pages 27-28. Prices will be evaluated

Range entrée 1 entrée 2 entrée 3 entrée 4 entrée 5 1-250 $ $ $ $ $ 251-350 $ $ $ $ $

ANY VARIATION IN QUANTITIES BETWEEN CLINS 30001 AND 30021 IS ACCEPTABLE AS LONG

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 8 of 63

Full Food Services at the USCG Academy (Option Year Four: 1 October 2019 - 30 September 2020)

Qty

Price/ Meal*

Estimated Total Amount

For the patrons of the CADET Wardroom located in Chase Hall and patients in the Academy Clinic located in Michel Hall:

40001 Breakfast 171716 $ $ 40002 Lunch (Family Style) 176630 $ $ 40003 Dinner (Family Style) 16700 $ $ 40004 Dinner (Buffet) 112770 $ $ 40005 Box Lunch 22096 $ $ 40006 Sunday & Holiday Brunch 12822 $ $ 40007 Buffet Meal (weekends)- Breakfast 14987 $ $ 40008 Buffet Meal (weekends)- Lunch 11247 $ $ 40009 Buffet Meal (weekends)- Dinner 31578 $ $ For the patrons of the Coast Guard Dining Facility located in Chase Hall:

40010 Breakfast 17108 $ $ 40011 Lunch 29257 $ $ 40012 Dinner 12955 $ $ Special Events Pricing 40013 Light snack 1000 $ $ 40014 Chapel Coffee Service 50 $ $ 40015 Picnic (Buffet Style w/servers) 1-600 meals 5745 $ $ 40016 Picnic (Buffet Style w/servers) 600+ meals 6165 $ $ 40017 Picnic (for pick-up, no servers) 1+ meals 690 $ $ 40018 Banquets- Informal (Buffet) 1-150 meals 205 $ $ 40019 Banquets- Informal (Buffet) 151-350 meals 1 $ $ 40020 Banquets- Informal (Buffet) 351+ meals 1 $ $

TOTAL CLINS 40001-40020 $

CLIN 40021 Banquets- Formal sit-down individual service IAW PWS pages 27-28. Prices will be evaluated

Range entrée 1 entrée 2 entrée 3 entrée 4 entrée 5 1-250 $ $ $ $ $ 251-350 $ $ $ $ $

ANY VARIATION IN QUANTITIES BETWEEN CLINS 40001 AND 40021 IS ACCEPTABLE AS LONG

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 9 of 63

Performance Work Statement for Full Food Service at USCG Academy, New London, CT

See Attachment 1

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 10 of 63

Continuation of SF1449, Block 27, FAR Clauses

FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items (Dec 2014).

Clause is incorporated in full text with tailoring as specified pursuant to FAR 12-302.

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 11 of 63 occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 12 of 63

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

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(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

The following is an addendum to FAR Clause 52.212-4:

(v) FAR 52.216-4 - Economic Price Adjustment—Labor and Material (JAN 1997) (Deviation)

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(a). The Contractor shall notify the Contracting Officer if, at any time during contract performance, the unit pricing rate for foodstuffs shown in the Schedule either increase or decrease. The rate increase will be made in accordance with EPA Clause for Materials, Paragraph (af) of this contract. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b). Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause.

The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c). Any price adjustment under this clause is subject to the following limitations:

(1). Any adjustment shall be limited to the effect on unit prices of the increases or decreases in unit prices for material shown in the Schedule. There shall be no adjustment for—

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of material used from those shown in the Schedule for each item.

(2). No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3). There shall be no adjustment for any change in rates in unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all contract line items, either party requests an adjustment under paragraph (b) of this clause.

(4). The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d). The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

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(w) Format for Calculating Labor Adjustment.

(a) This contract contains FAR Clause 52.222-43, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Year Contracts), which defines the conditions when the wages, fringe benefits and accompanying social security, unemployment taxes and worker's compensation insurance are to be adjusted up or down. The intent of this clause is to provide a format for the labor adjustment pursuant to FAR 52.222-43. All contract line items shall be adjusted to the nearest cent based on the percentage change in the Department of Labor (DOL) Wage Determination or Union Agreement, whichever is effective for this contract, in accordance with the Service Contract Act as follows:

The adjustment shall be based on the change in the wage rate change issued by DOL or under the CBA from the WD issued in the contract or option modification from previous contract year to the current contract year as allowed by the Service Contract Act and the clause at FAR 52.222-43.

(b) A percentage of the contract price of each line item to which this contract clause applies, representing the proportion of the price attributable to labor, shall be increased or decreased by a percentage to the percentage change in the wage rate as indicated in paragraph (a) above.

The percentage is ___%. **Contractor is to fill out this percentage**

(c) The annual adjustment for labor costs shall be incorporated into the meal price.

(1) It is necessary to compute the percentage change in labor rates which will be a weighted average for the for the following categories of labor used in this contract:

Baker, Cook I, Cook II, Dining Facility Attendant Leader, Salad Prep Specialist, Dining Facility Attendant, Cashier, Scullery Worker

(2) It is then necessary to reflect this change into an adjusted fixed meal price, which will be billed to the Coast Guard during the contract year.

(d) The computation shall be computed using the following terms:

(1)Actual Hours: The actual number of hours worked by the Contractor employees for the 12 month period ending 30 September of the previous contract year, by labor category.

(2)Current Year Wage Rate: The actual loaded rate at the beginning of the Current contract year, computed on an hourly basis by labor category.

(3)Agreed Increase/Decrease in Hourly Rate: The dollar increase/decrease in the wage rates, benefits, and other payroll payments required by law as directed by DOL for the new contract year, computed on an hourly basis by labor category.

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(e) The Contracting Officer or an authorized representative shall have access to, and the right to examine, any directly pertinent books, documents, papers, and records of the Contractor until the expiration of three (3) years after final payment under this contract.

Table 1. Example of Computation of Weighted Average Percentage Increase in Labor Rate.

(1) Labor Categor y

(2) Actual Hours Worked

(3) Current Year Wage Rate

(4) Agreed hourly increase/decrea se

(5) Percent increase/decrea se

(6) Column (5) X Column (2)

M.A. 31,360 6.15 1.92 32 1,003,520 Cashier 2,184 6.44 1.97 31 67,704 Cook I 4,780 7.25 2.88 40 191,200 Cook II 8,773 6.10 2.60 43 377,663

(A) 47,097 (B) 1,639,663*

* (B) Divided by (A) = 1,639,663/47,097 = 34.8% weighted average percentage increase in loaded labor rate.

Table 2. Example of Adjustment to Meal Price for Labor Rate Increase/Decrease 50% [Note 1] X .348 [Note 2] x $2.32 [Note 3] = $.40368 $.40 Plus base meal price of October 1 at beginning of year $2.32 Equals newly adjusted unit selling price as of current year $2.72

Note 1. This example uses 50% of the selling price, to represent the proportion of costs attributable to labor.

Note 2. Weighted average percentage increase of labor rate.

Note 3. Current year meal price before adjustment for foodstuff or labor increase/decrease.

(x) Economic Price Adjustment for Foodstuffs.

(a) The contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(b) The contract prices of the meal prices contract line items will be adjusted to the nearest cent on October 1 each year of the contract, based on the percentage change (up or down) in the Bureau of Labor Statistics (BLS) Producer Price Index for Commodities, Stage of Processing, Finished consumer foods - not seasonally adjusted ("Index"), as follows:

(1) On the first October 1 after contract award, the adjustment shall be based on the change in index between the date of award and July of the calendar year. If contract award is made between July 1 and October 1, no adjustment shall be made.

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(2) On each October 1 other than the first, the adjustment shall be based on the change of the index from July of the previous year and July of the current calendar year.

(c) A percentage of the contract price of each line item to which this contract clause applies, representing that portion of the price attributable to foodstuffs, shall be increased or decreased by the percentage of the percentage change in the Index as indicated in paragraphs (b)(1) or (b)(2), above. The percentage is ____%. **Contractor is to fill out this percentage**

(d) Percent changes in the Producer Price Indexes shall be calculated on data with the based 1982=100 until the Bureau of Labor Statistics publishes data on a new base from that time forward.

(e) If July data are not available for any year, the month with the most recently published data before July shall be used as the basis for the adjustment. If July data becomes available for the subsequent year, the selling price shall be increased or decreased by the percent change between the Index for whatever month was used in the previous year and the July index for the current year.

(f) Annual Producer Price Index adjustment is not progressive or cumulative. While the adjustment will alter the adjusted selling price per meal for the subsequent year calculations, the Producer Price Index annual adjustment applies only to the single following year.

(g) If the BLS Index specified in paragraph (b), above, is discontinued, the contracting parties shall agree on a new Index by August 1; provided, that if the BLS designated an Index with a new title and/or code number as being continuous with the original Index, the new Index shall be used. Unless the parties agree otherwise, the substitute Index shall be a food related Index which is calculated in such a manner and is based on such factors as would cause it to most closely tract the original Index.

(h) With these terms in effect, Tables 1 through 3, show some hypothetical data and calculations which might be made to determine the annual adjusted selling unit price for foodstuffs.

(i) No annual adjustment will be made in the contract prices until a detailed cost breakdown is received from the contractor that reflects the newly calculated cost/meal/day.

Table 1. Example of Data for Escalation BLS Series July '99 July '00 Percent Change Producer Price Index, Finished consumer foods not seasonally adjusted

246.6 274.8 11.0

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