RFQ-22-065 RDDU Food BPA.pdf

STATEMENT OF WORK

PROCUREMENT OF FOODS AND FOOD PRODUCTS

FOR THE

GREAT PLAINS AREA REGIONAL DRUG DEPENDENCY UNIT, WINNEBAGO, NE.

BACKGROUND

The Great Plains Area Regional Drug Dependency Unit provides food and food services to its residential clients.

PURPOSE

The primary purpose of this contract is to provide once or twice weekly food shipments and deliveries.

TASKS

The vendor will be responsible for providing a foodservice vendor representative to the facility in order to communicate pertinent information and assist with food procurement.

The facility will work with the vendor to set established food delivery times. Most often there will only be a once weekly food order, however under certain circumstances (about 5 weeks a year), the facility would require two food deliveries in a week.

Vendors will be graded on: timeliness and flexibility of food product delivery/shipments, product quality (i.e.

fresh produce, fruits, vegetables, dairy products, etc.), responsiveness to customer concerns, and ability to assist with special food requests.

The food vender will follow expected safe handling practices, infection control practices, and food code requirements.

PERIOD OF PERFORMANCE

This contract shall begin date of award through one (1) year with two (2), one (1) year option periods.

DDU Dietary Food List

Internal Id Ingredient 93 Bread Crumbs, Plain

370 Bread, French 95 Bread, Rye Sliced

831 Bread, Texas Toast 96 Bread, White Sliced

974 Bread, Whole Wheat 99 Broccoli Cuts, Fzn

100 Broccoli Florets, Fresh 2899 Broccoli Florets, Fzn

110 Brussels Sprouts, Fzn 456 Bun, Hamburger 467 Bun, Hot Dog 119 Cabbage, Green, Fresh

3097 Cabbage, Shred, Slaw Mix 26 Carrots, Baby, Fzn

140 Carrots, Fresh 143 Carrots, Sliced Fzn 148 Cauliflower, Fresh 149 Cauliflower, Fzn

10183 Celery Seed Ground 154 Celery, Fresh

3311 Cereal, Bran Flakes 3017 Cereal, Cheerios General Mills

240 Cereal, Cold 257 Cereal, Corn Flakes

2124 Cereal, Cream of Wheat, Instant 2356 Cereal, Granola

155 Cereal, Hot 695 Cereal, Quick Oats, Dry

3282 Cereal, Raisin Bran 1910 Cereal, Toasted Oats

11 Cheese, American, Sliced 159 Cheese, Cheddar, Shredded 286 Cheese, Cream 545 Cheese, Monterey Jack, Shredded 546 Cheese, Mozzarella, Shredded 588 Cheese, Parmesan, Grated 814 Cheese, Swiss, 160 sl 174 Chicken, 8-piece Cut, IQF

Internal Id Ingredient 177 Chicken, Breast Bnls, Sknls 4 oz 181 Chicken, Diced FC

2067 Chicken, Stuffed RTU 199 Chicken, Tenders, Fzn, Brd 212 Chili Powder 850 Chips, Tortilla 218 Chocolate Chips, Semi-Sweet 225 Cilantro, Fresh 228 Cinnamon, Ground

230 Cloves, Ground 232 Cobbler Dough Sheet, Fzn

4105 Cocoa, Dry Powder, Unsweetened 236 Coconut, Shredded 238 Coffee 969 Cookie Dough, Chocolate Chip

2298 Cookie Dough, Oatmeal Raisin 2 oz Fzn 10866 Cookie, Fig Bar

872 Cookie, Vanilla Wafers 259 Corn Syrup, Light 263 Corn, Whole Kernel, Frzn 269 Cornstarch 280 Cracker Crumbs

2558 Crackers, Goldfish 10862 Crackers, Goldfish Whl Grain Indiv Pkts

414 Crackers, Graham Bulk 3693 Crackers, Graham Indiv 3 pk

736 Crackers, Saltines 991 Croissant, Fzn 296 Cucumber, Fresh 305 Danish, Fzn, RTU 311 Dill Weed, Dried 312 Dough, Dinner Roll, Fzn 317 Dressing, 1000 Island

2581 Dressing, Honey Mustard 319 Dressing, Italian 323 Dressing, Ranch Style

2632 Drink Mix, Beverage Drink, Dry, 100% Vit C 4240 Eggs, Hard Boiled Peeled 3828 Eggs, Large, Fresh Shell

Internal Id Ingredient 338 Eggs, Liquid Pasteurized (includes BNB) 328 Eggs, Pasteurized in Shell

2093 Fajita Seasoning Mix 237 Fish, Cod Fillet, 4/1 Unbrd

9281 Fish, Pollock Bttrd PreCooked Alaskan/ Icelandic 638 Fish, Pollock Fillet, 4/1 Brd 357 Flour, All Purpose

3040 French Toast Sticks, Frz .88 oz 383 Fruit Cocktail, Cnd 381 Fruit, Cnd 943 Fruit, Tropical 390 Garlic Powder

2822 Garlic, Clove 392 Garlic, Minced 395 Gelatin Mix, Dry Asst.

397 Gelatin Mix, Lime 400 Gelatin Mix, Red 406 Ginger, Ground 411 Graham Cracker Crumbs

1986 Grapes, Fresh 105 Gravy Mix, Brown 978 Gravy Mix, Pork 979 Gravy Mix, Turkey

2241 Gravy, Sausage, Cnd 451 Ham, Buffet 454 Ham, Pit Smoked 464 Honey 468 Hush Puppies, Fzn 472 Ice Cream, Vanilla Bulk/gal 479 Jelly, Grape Bulk 967 Jelly, PC

16 Juice, Apple 2481 Juice, Apple, Vitamin C enriched 2697 Juice, Cranberry, Vitamin C enriched

482 Juice, from base 493 Juice, Lemon

10230 Juice, Lemon Indv Packets 501 Juice, Lime 577 Juice, Orange

Internal Id Ingredient 2482 Juice, Orange, Vitamin C enriched

625 Juice, Pineapple 839 Juice, Tomato 146 Ketchup 473 Lettuce, Iceberg 492 Lettuce, Leaf 720 Lettuce, Romaine

7478 Lettuce, Romaine, Chopped 851 Lettuce, Salad Mix, Fresh 242 Lunch Meat, Combo Pack 966 Margarine, Pat 515 Margarine, Solids 522 Mayonnaise, Heavy 532 Meatballs, 1oz Fzn, FC 135 Melon, Cantaloupe, Fresh 465 Melon, Honeydew, Fresh 897 Melon, Watermelon, Fresh

1937 Milk 3020 Milk, 1%, Low Fat

534 Milk, 2% 125 Mix, Cake Chocolate

4403 Mix, Cake Spice 129 Mix, Cake White 130 Mix, Cake Yellow 167 Mix, Cheesecake 251 Mix, Corn Bread Dry 548 Mix, Muffin, Basic 584 Mix, Pancake Complete 550 Mushrooms, Pieces & Stems, Cnd 310 Mustard, Dijon 552 Mustard, Ground Dry 553 Mustard, Prepared Yellow 558 Nutmeg, Ground Dry 562 Oil, Olive 882 Oil, Vegetable 563 Olives, Ripe Black Slices Cnd 567 Onion Powder 571 Onion, Dehydrated 426 Onion, Green, Fresh

575 Onion, Yellow Fresh 579 Orange, Fresh 513 Oranges, Mandarin, Canned 582 Oregano, Ground 587 Paprika 589 Parsley Flakes, Dried 591 Parsley, Fresh 329 Pasta, Egg Noodles, Dry 339 Pasta, Elbow Macaroni, Dry

87 Pasta, Faralle/Bow Tie, Dry 487 Pasta, Lasagna Noodles, dry

2397 Pasta, Penne, Dry 1844 Pasta, Rotini, Dry

595 Pasta, Shells Small Dry 775 Pasta, Spaghetti Noodles, Dry 914 Pasta, Ziti, Dry 840 Paste, Tomato

9517 Peaches, Diced YC in 100% Juice 599 Peaches, Sliced or Diced, Cnd 601 Peanut Butter, Creamy

3044 Pears, Diced, Cnd 603 Pears, Halves, Cnd 606 Pears, Sliced, Cnd 610 Peas, Green, Fzn 613 Pepper, Black Ground 429 Pepper, Green Bell, Fresh

3126 Pepper, Lemon 709 Pepper, Red Bell, Fresh

2539 Peppers & Onions, Fire Roasted, Frzn 619 Pickle Relish, Sweet 620 Pickles, Dill, Sliced 621 Pie Crust 10" Fzn

17 Pie Filling, Apple 628 Pineapple, Crushed in Jc, Cnd

7466 Pineapple, Fresh 627 Pineapple, Tidbits in Jc, Cnd

3960 Pizza, Breakfast Sausage w/Mozz Chse & Red Sce 10228 Popcorn, Air Popped

642 Pork Chop, 4/1 Bnls

Internal Id Ingredient 645 Pork Cutlet, Raw

1087 Pork Fritter, Brd 4/1 649 Pork, Loin, Bnls Raw 935 Pork, Shoulder Butt Roast, Raw

3962 Pork, Skinless Dinner Link, FC 5:1 661 Potato Chips, Bulk

1920 Potato, Baby Bakers, Fzn 34 Potato, Fresh, 120 ct

3493 Potato, Fries, Battered Seasoned Fzn 374 Potato, Fries, Oven Ready

1989 Potato, Fries, Steak, Oven Ready 459 Potato, Hash Brown Patty, Fzn

461 Potato, Hash Browns, Shredded Fzn 520 Potato, Mashed, Instant (complete) 556 Potato, New, Fresh 670 Potato, Red, Fresh

1066 Potato, Sweet Potato Fries, Frz 817 Potato, Sweet, or Yams, Cnd 828 Potato, Tater Tots, Fzn 675 Pretzels, Bulk 684 Pudding Mix, Vanilla Inst

4789 Pudding, Tapioca Cnd 691 Pumpkin Pie Spice 692 Pumpkin, Solid Pack, Cnd 711 Reserved Juice 931 Rice, Brown 716 Rice, Long Grain 909 Rice, Wild Blend 721 Rosemary, Crushed Dried 728 Salad Dressing, Mayo Type 732 Salsa, Mild 734 Salt, Iodized

41 Sauce, Barbecue, Prepared 2316 Sauce, Cheese, Cnd 2882 Sauce, Marinara, Cnd

776 Sauce, Spaghetti 825 Sauce, Tartar 842 Sauce, Tomato, Cnd 910 Sauce, Worcestershire

Internal Id Ingredient 739 Sauerkraut, Shredded, Cnd 743 Sausage Patties, 1.5 oz Raw

9327 Sausage Patties, 1.5 oz, FC 3835 Sausage, Pork Patty 1.5 oz 3" Ckd Frzn Brkf

656 Sausage, Pork, Bulk 476 Seasoning, Italian

3521 Seasoning, Jamaican Jerk, Plastic Shker Shelf Stble Spice

494 Seasoning, Lemon Pepper 4422 Seasoning, Rotisserie

820 Seasoning, Taco Mix 753 Sherbet, Orange, 1/3 gallon 275 Soup, Cream of Chicken, Cnd 276 Soup, Cream of Mushroom, Cnd 843 Soup, Tomato, Cnd 770 Sour Cream, Bulk 773 Soy Sauce, Bulk 778 Spinach, Chopped Fzn 785 Squash, Zucchini, Fresh 795 Strawberries, Fresh 794 Strawberries, Sweetened, Sl, Fzn

4390 Strawberries, Unswt, Sl Fzn 106 Sugar, Brown 416 Sugar, Granulated 673 Sugar, Powdered 973 Syrup, Maple Flavored (Pancake) 829 Tea Bags, 1 oz 832 Thyme, Dried

833 Thyme, Dried, Ground 845 Tomatoes, Diced, Cnd 847 Tomatoes, Fresh

2458 Tortellini, Cheese, fzn 2325 Tortilla, Flour, 8 in.

3412 Tortilla, Flour, shelf stable, 6"-6.25"

856 Tuna, Lt Chnk in Water, pouch 1064 Turkey Burger, 5/1

864 Turkey Roast, Bnls, Fzn, Raw 861 Turkey, Breast Oven Rstd Cooked 870 Vanilla Extract or Flavoring

133 Vegetable Blend, California, Fzn 1039 Vegetable Blend, Catalina, Fzn 2030 Vegetable Blend, Country, Fzn 1022 Vegetable Blend, Italian, Fzn 1020 Vegetable Blend, Meadow, Fzn 2271 Vegetable Blend, Medley, Fzn 9829 Vegetable Blend, Tuscan Fzn 1033 Vegetable Blend, Winter Mix, Fzn 2781 Vegetables, Peas & Carrots, Fzn 892 Vinegar, White 896 Water 901 Whipped Topping Mix, Dry 2451 Yogurt, Fruited 913 Yogurt, Non Fat

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

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://www.acquisition.gov/far.

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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

(End of Clause)

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses Incorporated by Reference

FAR

CITATION

PROVISION/CLAUSE TITLE PROVISION/

CLAUSE DATE

52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-7 Anti-Kickback Procedures June 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-7 System for Award Management October 2018 52.204-9 Personal Identity Verification of Contractor Personnel January 2011 52.204-13 System for Award Management Maintenance October 2018 52.204-16 Commercial and Government Entity Code Reporting August 2020 52.204-17 Ownership or Control of Offeror August 2020 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.212-1 Instructions to Offerors – Commercial Items November 2021 52.212-4 Contract Terms and Conditions – Commercial Items November 2021 52.217-8 Option to Extend Services November 1999 52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representations and Certifications June 2020

52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013 52.247-34 F.o.b. – Destination November 1991 52.253-1 Computer Generated Forms January 1991 https://www.acquisition.gov/far https://www.acquisition.gov/far

PROVISIONS AND CLAUSES IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses in Full Text

FAR

CITATION

PROVISION/CLAUSE TITLE PROVISION/

CLAUSE DATE

52.204-21 Basic Safeguarding of Covered Contractor Information Systems November 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services and Equipment

November 2021

52.209-5 Certification Regarding Responsibility Matters August 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

February 2016

52.212-3 Offeror Representations and Certifications -- Commercial Items November 2021 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items January 2022

52.217-9 Option to Extend the Term of the Contract March 2000 52.219-1 Small Business Program Representations September 2021 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. October 2021

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903 , insert the following clause:

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

https://www.acquisition.gov/far/part-4#FAR_4_1903 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

https://www.acquisition.gov/far/part-4#FAR_4_2105

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

and item description, as applicable); or

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

and item description, as applicable); or

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

(End of provision)

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

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–

(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 https://www.acquisition.gov/far/part-9#FAR_9_104_7 https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5 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.

(End of provision)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (February 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)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

https://www.acquisition.gov/far/part-12#FAR_12_301

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, 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 size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) Through another subsidiary of a parent corporation

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

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

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

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

Women-owned 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.

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 least51 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.

(b)

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

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

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

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

(4) Small disadvantaged business concern. [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

CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents 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)(6)(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.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, 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)(7)(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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(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)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.