II_01_2032H326R00016_RFP.pdf
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- Attached to
- Food Services and Vending Machine Management
- Solicitation number
- 2032H326R00016
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RFP 2032H326R00016 Summary
This is a Request for Proposal (RFP) for food services and vending machine management at the Main Treasury Building in Washington, D.C. The Department of Treasury, through the Treasury Common Services Center, seeks a contractor to operate the Vault Café and manage vending machines throughout the facility under a Nil-Fixed Price contract with a prospective price redetermination (subsidy only). The contract period runs for a base year (October 1, 2026 – September 30, 2027) plus four one-year options through September 30, 2031. Performance must occur at 1500 Pennsylvania Avenue, NW, Washington, D.C. The solicitation is unrestricted (not set aside for small business), with NAICS code 722310 and a small business size standard of $41.5 million. Proposals are due by July 20, 2026 at 2:00 PM ET, with a mandatory site visit on June 25, 2026 at 9:00 AM ET and a questions deadline of July 2, 2026 at 2:00 PM ET.
The contractor must submit proposals in four volumes: Executive Summary (2 pages maximum), Technical Volume addressing technical approach, management plan, resumes for key personnel (contract manager and supervisors), cleaning/housekeeping plan, quality control plan, and price/portion/menu book (30 pages maximum), Past Performance documentation (3 pages per submission, maximum 3 references), and Price Matrix with base year and option year pricing. Evaluation will be based on technical capability (most important), past performance (second most important), and pricing (increasing in importance as technical and past performance proposals approach equality). The contractor must provide food service operations serving a minimum of 300 persons per meal twice daily, vending machine support, and comply with NAVMED P-5010-1, Tri-service Food Code standards. Key personnel must demonstrate recent supervisory experience at comparable facilities and fluent English communication capability. The Contracting Officer is Ricky Callahan (Ricky.Callahan@treasury.gov), with the Contracting Officer's Representative being Olena Shockley.
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Other files
| File | Type | Posted |
|---|---|---|
| 2032H326R00016 Amend 2_QA_Final.pdf | ||
| 2032H326R00016_Amend_0001.pdf | ||
| 2032H326R00016_Amend_0001_Attch 1_Slides.pdf | ||
| II_01_Attachment 1_PWS.pdf | ||
| II_01_Attachment2- TEP.xlsx | XLSX spreadsheet |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
1-IRS NON-IT (OTPS)
Lanham MD 20706
OS:OCPO:BSA:HQ:TOB, Stop C7-430
DO&EPB
Treasury Common Services Center TCSC-Acquisition
CODE 16. ADMINISTERED BYCODE
X
X
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR1-IRS NON-IT (OTPS)
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
07/20/2026 1400 ET
06/17/2026
HAROLD CARDENAS
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
2032H326R00016
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 29 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
5000 Ellin Road
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Lanham MD 20706 5000 Ellin Road OS:OCPO:BSA:HQ:TOB, Stop C7-430
DO&EPB
Treasury Common Services Center
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
TCSC-Acquisition
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Solicitation for Food Services and Vending Machine Management
The Following Deadlines are applicable as outlined within the solicitation:
Site Visit: June 25, 2026 Questions Due Date: July 2, 2026 (1400, ET) Proposals Due: July 20, 2026 (1400, ET)
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
RICKY L. CALLAHAN
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Primary POC:
Ricky Callahan Jr.
(Ricky.Callahan@treasury.gov)
Alternate POC:
Harold Cardenas
(Harold.Cardenas@treasury.gov)
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
29 2 of
Solicitation Provisions
RFP 2032H326R00016
Vault Café Food Services / Vending Machines
SECTION A – SUMMARY
1.0 Authority
The Office of Management (MA) within the Department of the Treasury is responsible for the internal management and policy in the areas of budget, planning, human resources, information and technology management, financial management and accounting, procurement, privacy, records, and administrative services to Departmental (Headquarters) Offices. Within MA, Treasury Operations is the program office responsible for food service operations at the headquarters facility.
Treasury has a need for food services at the Main Treasury building located at 1500 Pennsylvania Avenue, NW, Washington, DC. The Government intends to award a Nil-Fixed Price contract for Food Services in the Vault Café (VC) located within the Main Treasury (MT) building in Washington, D.C.
This contract will also provide support for the provision and stocking of Vending Machines throughout MT. This is a Request for Proposal (RFP) consistent with Federal Acquisition Regulations (FAR) part 12 and 15, as appropriate.
SECTION B - SUPPLIES OR SERVICES PRICES
CLIN # Element Total Price CLIN 0001 Base Year (12Mth) - Subsidy $ CLIN 0002 Option 1 (12Mth) - Subsidy $ CLIN 0003 Option II (12Mth) - Subsidy $ CLIN 0004 Option III (12Mth) - Subsidy $ CLIN 0005 Option IV (12 Mth) - Subsidy $
CLIN 0006 FAR 52.217-8 (Up to 6Mths) - Subsidy $
Total Price $
SECTION C – PERFORMANCE WORK STATEMENT (PWS)
The PWS is provided as Attachment 1 to this solicitation.
SECTION D – PACKAGING & MARKING
N/A
SECTION E – INSPECTION & ACCEPTANCE
Final inspection and acceptance of all work, performance, reports and other deliverables under this contract shall be performed at the location specified in Performance Work Statement (PWS).
The basis for acceptance shall be in compliance with the requirements set forth in the PWS and other terms and conditions of the contract.
Vault Café Food Services / Vending Machines
Deliverable items or services rejected shall be corrected in accordance with the applicable requirements set forth in the terms and conditions to the contract.
SECTION F – DELIVERIES OR PERFORMANCE
FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Home | Acquisition.GOV
(End of clause)
Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Clause Date
52.242-15 Stop Work Order AUG 1989
1.0 Period of Performance
The period of performance for the contract is for a Base Year, and four, one-year options as detailed below:
Base Period: 10/01/2026 – 9/30/2027 Option Period 1: 10/1/2027 – 09/30/2028 Option Period 2: 10/1/2028 – 09/30/2029 Option Period 3: 10/1/2029 – 09/30/2030 Option Period 4: 10/1/2030 – 09/30/2031
2.0 Place of Performance
Performance required under this contract shall be performed at the Department of Treasury building, located in Washington, D. C. The specific address of this location is provided in Section C, PWS, Para 1.0.
3.0 Deliverables
Contract deliverables shall be submitted in accordance with the terms and conditions of this contract as outlined within the PWS.
SECTION G – CONTRACT ADMINISTRATION DATA
1.0 Offeror’s Proposal
The offeror’s proposal, or portions thereof, may be incorporated into the contract at the Contracting Officer’s discretion. The contract terms and conditions shall take precedence over the Offeror’s proposal, should a conflict arise between the two documents.
2.0 Contract Pricing
The Contractor shall not incur costs outside the negotiated price of the contract, unless otherwise authorized by the Contracting Officer.
https://acquisition.gov/
3.0 Hours of Operation
The contractor shall perform to the schedule provided in Attachment 1 Performance Work Statement (PWS). Any work performed outside of the contract schedule is prohibited unless approved in advance by the Contracting Officer. Telecommuting will not be permitted in performance of this contract.
4.0 Government Points-of-Contact
Contracting Officer:
Ricky Callahan Ricky.Callahan@treasury.gov.
*See Section I below, DTAR 1052201-70 Contracting Officer’s Representative (COR) for COR information.
5.0 Invoicing and Payment Instructions
5.1 – Invoicing Via IPP
Invoices shall be submitted monthly and electronically via the Invoice Processing Platform (IPP).
A copy of the invoice, including all supporting documentation, shall also be electronically submitted to the COR and the CO identified in this contract. At a minimum, each invoice shall include the following:
(1) Contract Number
(2) Contractor Name, address, and phone number
(3) UEI
(4) Taxpayer’s Identification Number (TIN)
(5) Date of Invoice
(6) Invoice Number
(7) Total Amount of Payment Requested
(8) Amount Requested of Payment by CLIN
(9) Cumulative amount invoiced to date
(10) Cumulative amount invoiced to date by CLIN
(11) Any other information required to support the invoice.
All invoices will be paid using information from the System for Award Management (SAM). Therefore, payment will be made to the EFT information that matches the UEI number for this award. Payment will be made in accordance with the FAR 52.232.25.
mailto:Ricky.Callahan@treasury.gov
Vault Café Food Services / Vending Machines
5.2 – Invoice Dispute Resolution
The Contractor shall ensure that each invoice contains all pricing components in sufficient detail to reconcile charges with actual usage or completed task orders. Invoices shall be accurate and complete.
Incorrect invoices shall be resubmitted to Treasury after all errors have been corrected. Resolution of billing errors shall be performed within thirty (30) calendar days from the time the Contractor is notified.
The Contractor shall ensure that all charges, credits, and debits are shown on the invoice and that no additional data is required by Treasury to verify the price of a call or feature and to verify the amount of discounts, credits, or debits.
The Contractor shall identify a single point of contact dedicated to resolving all billing issues related to this contract, who, at the request of Treasury, shall be available to meet with Treasury personnel to explain invoice charges. The Contractor shall notify the COR and CO to facilitate dispute resolution.
SECTION H – SPECIAL PROVISIONS
1.0 Non-Disclosure
The Contractor recognizes that, in performing this contract, the Contractor may obtain access to non-public information that is confidential or proprietary in nature. Except as permitted by the contract, the Contractor agrees that it, its employees, its subcontractors, and its subcontractors’ employees (“Contractor”) will not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance of the contract or Task Order for any purpose other than to perform work under the contract without first receiving written permission from the CO. The Contractor shall secure information received from or prepared or gathered for the Government under this contract in a secure location with access limited to only those personnel with a “need to know.”
SECTION I – CONTRACT CLAUSES AND/OR PROVISIONS
Federal Acquisition Regulation (48 CFR Chapter 1) Clauses
Clauses Incorporated by Reference Date
52.202-1 Definitions. JUN 2020 52.203-3 Gratuities. APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011
52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014
52.204-7 System for Award Management NOV 2024
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation NOV 2015
52.212-4 Contract Terms and Conditions-Commercial Items. NOV 2023
Vault Café Food Services / Vending Machines
52.215-2 Audit and Records-Negotiation. JUN 2020 52.215-8 Order of Precedence-Uniform Contract Format. OCT 1997 52.217-8 Option to Extend Services. NOV 1999 52.222-33 Notice of Requirement for Project Labor Agreement JAN 2024 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace. MAY 2001 52.223-10 Waste Reduction Program MAY 2024 52.227-1 Authorization and Consent. JUN 2020 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.229-3 Federal, State, and Local Taxes. FEB 2013 52.232-11 Extras APR 1984 52.232-23 Assignment of Claims. MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. DEC 2013 52.233-1 Disputes. MAY 2014 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-13 Bankruptcy. JULY 1995 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.253-1 Computer Generated Forms JAN 1991
FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 2 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, unless extended an additional 6 months per FAR 52.217-8.
DTAR 1052.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) APPOINTMENT AND
AUTHORITY (APR 2015)
(a) The COR is Olena Shockley
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
Vault Café Food Services / Vending Machines
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
(End of clause)
DTAR 1052.210-70 CONTRACTOR PUBLICITY (APR 2015)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.
DTAR 1052.222-70 MINORITY AND WOMEN INCLUSION (JAN 2016)
(a) Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts awarded under this contract whose dollar value exceeds $150,000.
Within ten business days of a written request from the Contracting Officer, or such longer time as the Contracting Officer determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and as applicable, its subcontractors) has undertaken to demonstrate its good faith effort to comply with the aforementioned provisions. For purposes of this contract, “good faith effort” may include actions by the Contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.
(b) The documentation requested by the Contracting Officer to demonstrate “good faith effort” may include, but is not limited to, one or more of the following—
(1) The total number of Contractor's employees, and the number of minority and women employees, by race, ethnicity, and gender (e.g., an EEO-1);
(2) A list of subcontract awards under the contract that includes: Dollar amount, date of
Vault Café Food Services / Vending Machines award, and subcontractor's race, ethnicity, and/or gender ownership status;
(3) Information similar to that required in paragraph (b)(1) of this clause, with respect to each subcontractor; and/or
(4) The Contractor's plan to ensure that minorities and women have appropriate opportunities to enter and advance within its workforce, including outreach efforts.
(c) Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Pub. L. 111-203) (Dodd-Frank Act), a failure to demonstrate to the Director of the Agency's Office of Minority and Women Inclusion such good faith efforts to include minorities and women in the Contractor's workforce (and as applicable, the workforce of its subcontractors), may result in termination of the contract for default, other contractual remedies, or referral to the Office of Federal Contract Compliance Programs (OFCCP).
Compliance with this clause does not, however, necessarily satisfy the requirements of Executive Order 11246, as amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions undertaken pursuant to that Executive Order.
(d) For purposes of this clause, the terms “minority,” “minority-owned business,” and “women-owned business” shall have the meanings set forth in Section 342(g) of the Dodd- Frank Act.
DTAR 1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
http://www.ipp.gov/
SECTION J -- LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
ATTACHMENTS TO CONTRACT:
SECTION K– REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS
OF OFFERORS OR RESPONDENTS
Provisions Incorporated by Reference Date 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
SEPT 2024
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
JAN 2017
52.204-5 Women-Owned Business (Other Than Small Business). OCT 2014 52.204-16 Commercial and Government Entity Code Reporting. AUG 2020 52.204-17 Ownership or Control of Offeror. AUG 2020 52.223-1 Biobased Product Certification MAY 2012 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
DEC 2016
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications.
JUN 2020
FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)
(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals–
Vault Café Food Services / Vending Machines
(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104- 5(a)(2) for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §
6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C.
§ 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)
(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
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(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in–
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).
FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.219-1 Small Business Program Representations (Feb 2024)
(a) Definitions. As used in this provision- "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. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-http://www.sam.gov/
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(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 the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(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.
"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 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.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is– 722310.
(2) The small business size standard is $41.5M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.
(c) Representations.
(1) The offeror represents as part of its offer that it □ is, □ is not a small business concern.
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(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [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 women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern.
[Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-
(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [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.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it
□ is, □ is not a service- disabled veteran-owned small business concern.
(8) [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-
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
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(d) Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-
(1) Be punished by imposition of fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision)
DTAR 1052.209-70 NOTICE AND CONSENT TO DISCLOSE AND USE OF TAXPAYER RETURN
INFORMATION (NOV 2017)
(a) Definitions. As used in this provision— Authorized representative(s) of the offeror means the person(s) identified to the Internal
Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.
Delinquent Federal tax liability means any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
Tax check means an IRS process that accesses and uses taxpayer return information to support the Government's determination of an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).
(b) Notice. Pursuant to 26 U.S.C. 6103(a) taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).
(1) The performance of a tax check is one means that will be used for determining an offeror's eligibility to receive an award in response to this solicitation (see FAR 9.104). As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror's responsibility to the contracting officer (see FAR 9.104-5).
(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).
(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows:
The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror's response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of [insert OFFEROR NAME] on this offer.
I am aware that in the absence of this authorization, the taxpayer return information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may
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I consent to disclosure of taxpayer return information to the following person(s):
I am aware that in the absence of this authorization, the taxpayer return information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.
I consent to disclosure of taxpayer return information to the following person(s): [insert PERSON(S) NAME AND CONTACT
INFORMATION]:
I certify that I have the authority to execute this consent on behalf of [insert OFFEROR NAME]. Offeror Name:
Offeror Taxpayer Identification Number: Offeror Address:
Name of Individual Executing Consent:
Title of Individual Executing Consent:
Signature:
Date:
SECTION L – INSTRUCTIONS TO OFFERORS
FAR 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/
Provisions Incorporated by Reference Date 52.204-22 Alternative Line Item Proposal. JAN 2017 52.212-1 Instructions to Offerors-Commercial Items (Deviation 2017- 00001).
JUN 2020
52.215-1 Instructions to Offerors-Competitive Acquisition. JAN 2017 52.237-1 Site Visit APR 1984
FAR 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Nil Fixed Price Contract with a prospective price redetermination (subsidy only) type contract resulting from this solicitation.
FAR 52.233-2 Protest after Award (Aug 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract.
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