RFQ19PE5025Q0020 - CATERER SERVICES Package.pdf
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- Attached to
- Independence Day Event - Catering services
- Solicitation number
- 19PE5025Q0020
- Issued by
-
Department of State US Embassy Lima
About this file
This is a Request for Quotations (RFQ) for catering services for the U.S. Embassy Independence Day celebration in Lima, Peru on July 3, 2025. The solicitation seeks a catering contractor to provide services for approximately 1,400 guests, with specific requirements including a menu featuring 70% American cuisine, 15-20 varieties of hors d'oeuvres, 5 food stations, and vegetarian options. The catering service must include personnel (coordinators, waiters, chefs), cutlery, tableware, glassware, ice, transportation, and the ability to accept in-kind donations.
The RFQ specifies that pricing shall be per guest and include all expenses, with quotes due by April 11, 2025, at 10:00 am local time. Contractors must be registered in the System for Award Management (SAM), provide proof of licenses and permits, and submit detailed documentation including a proposed menu, experience with similar events, and representations and certifications. The U.S. Government intends to award the contract to the responsible company submitting the lowest-priced acceptable offer, with the potential to hold discussions if necessary. Quotes must be submitted electronically in English, with specific file size and format requirements.
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Text version
Embassy of the United States of America Lima Peru
Lima, March 27, 2025
Dear Prospective Quoter:
Subject: Request for Quotations number RFQ 19PE5025Q0020
Enclosed is a Request for Quotations (RFQ) for Caterer services for the US Independence Day celebration. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the email addresses detailed below.
Quotations are due by April 11, 2025, by 10:00 am. (local date and time). No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.
Your quotation must be submitted electronically to Langers@state.gov and cicirellocl@state.gov. It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.
The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at the lowest price. We intend to award a purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
mailto:Langers@state.gov mailto:cicirellocl@state.gov
In order for a quotation to be considered, you must also complete and submit the following:
1. SF-1449 including proposed menu, detailed specifications in accordance to Scope of Work.
2. Additional information as required in Section 3
3. Experience: List of events of similar nature with references.
4. Representations and Certifications highlighted in Section 5 including Proof of SAM Registration, licenses and permits, and Anti-Discrimination Certificate.
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Please contact Mrs. Caterina Cicirello at the email address above in case you have any questions.
Sincerely, Seth Langer Contracting Officer
Enclosure: A/S
03/25/2025 17:51 GMT
Langer, Seth (LangerS@state.gov) https://www.sam.gov/
AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)
PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR15237300
PAGE 1 OF 83 PAGES
2. CONTRACT NO. 3. AWARD/ EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
19PE5025Q0020
6. SOLICITATION ISSUE
DATE
03/27/2025
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME Caterina L. Cicirello
b. TELEPHONE NUMBER(No collect calls) 51-6182712
8. OFFER DUE DATE/
LOCAL TIME
04/11/2025 / 10:00
CODE PE500 10. THIS ACQUISITION IS x UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
EDWOSB EMERGING SMALL BUSINESS
9. ISSUED BY
AMERICAN EMBASSY LIMA
Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Procurement Lima
PERU
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS 8 (A) SIZE STANDARD:
13b. RATING11. DELIVERY FOR FOB DESTINAT-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
14. METHOD OF SOLICITATION
x RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
AMERICAN EMBASSY LIMA
Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Warehouse Lima
PERU
AMERICAN EMBASSY LIMA
Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Procurement Lima
PERU
CODE FACILITY
CODE
17a. CONTRACTOR/
OFFERER
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY
AMERICAN EMBASSY LIMA
AV. Lima Polo cdra 1 s/n Monterrico-Surco, ATTN: FMO /
DBO
Lima 33
PERU
CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ __ COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. _ _______________ OFFER DATED
_ __________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY
ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS
TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED x x x 01
Seth Langer
ITEM NO. 20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT 37. CHECK NUMBER
PARTIAL FINAL COMPLETE PARTIAL FINAL
38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY
41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Solicitation to contract the catering service for the Independence Day celebration in accordance with the attached Statement of Work and related documents.
Important Note: your quote shall include a price breakdown of each proposed deliverable. (Price per person)
01 1400 EA.
02 IGV or any applicable taxes All01
RFQ 19PE5025Q0020
(Co�nua�on of SF-1449)
The U.S. Embassy in Lima, Peru has a requirement for a company to provide catering services of high-quality cuisine for a recep�on for approximately 1,400 guests.
Quoter shall include a proposed detailed menu consis�ng of the following:
• 70% of the food offered must be of American origin (i.e. beef, chicken, pork, etc.) • Propose 15-20 varie�es of passed hors d’oeurves (combina�on of cold and hot). The (Embassy to select 10-12 to serve to approximately 12 per guest).
• 5 food sta�ons: 1 cold sta�on, 2 hot sta�ons with chefs, 1 cheese and bread sta�on, 1 dessert and fruit sta�on with chef.
• Vegetarian op�ons should be considered throughout the meal
Service shall include:
• Personnel: Coordinator, waiters, chefs, maître sufficient to atend 1,400 guests
• Cutlery and tableware
• Glassware (wine, whiskey, beer, soda)
• Ice for beverages (alcoholic and non-alcoholic)
• Transporta�on (equipment, materials, and personnel)
• Accept in-kind dona�ons
Pricing:
Price shall be per guest and shall include all expenses, materials, personnel required to perform, direct and indirect costs, insurance, overhead, profit, etc.
All prices shall be in U.S. Dollars and must include all applicable taxes as a separate line item if applicable.
(Con�nua�on of SF-1449)
To assure �mely and fair considera�on of your proposal, you must follow the instruc�ons contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirement of this RFQ. Failure to provide requested informa�on in the format specified in this sec�on may result in an unfavorable evalua�on or non-considera�on of your company’s proposal.
The Offeror/Quoter shall iden�fy and explain/jus�fy any devia�ons, excep�ons, or condi�onal assump�ons taken with respect to any of the instruc�ons or requirements of this request for quota�on.
The due date to receive proposals is April 11, 2025 at 10:00 a.m.
Experience Provide a list of prior events of similar nature you have worked on with suitable references.
Validity of quotes Quotes must be valid for 60 days from the closing date of this solicita�on.
Delivery date For installa�on and removal of furniture/equipment as stated in the Scope of Work.
Payment Terms Net 30 days-payment shall be made a�er acceptance of the service and recep�on of an accurate invoice.
Permits Vendor must obtain all necessary licenses and permits required to perform this contract; and must fully comply with all laws, decrees, labor standards, and regulations of Peru during the performance of this contract.
(Con�nua�on of SF-1449)
SAM Registra�on For proposals above $30K the offerors are required to have an ac�ve registra�on of their companies in the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regula�ons and guidelines.
Informa�on/instruc�ons on how to register can be found at www.sam.gov .
Proposal Format and Content ➢Submit your proposal in one (1) single file in Word or PDF format. To be considered in the evalua�on you must complete and submit the following:
➢SF-1449 (fields 12, 17a, 23, 24, 30a, 30b and 30c), proposed menu, detailed specifications in accordance to Scope of Work.
➢The Cer�fica�ons and Representa�ons applicable to your company contained in Sec�on 5, FAR & DOSAR clauses.
➢Proof of your company’s registra�on in the System for Award Management (SAM) (if applicable) ➢Experience: list of events of similar scale that you have worked on with references ➢Licenses and permits to perform the contract in Peru.
The Government expects that compe��on will establish fair and reasonable prices.
However, the government reserves the right to require informa�on other than cost and pricing data if it is later determined that said informa�on is needed to evaluate the proposed price. Failure to provide requested informa�on may render the offeror ineligible for award.
STATEMENT OF WORK (SOW) FOR CONTRACTOR
2025 INDEPENDENCE DAY CELEBRATION
Event
U.S. Embassy Lima (hereinafter “The Embassy”) will hold its 249th Independence Day celebrations at the U.S. Ambassador’s Residence (CMR) on July 3, 2025. The event will take place from 1800 to 2200 hours and will be a stand-up reception in the CMR’s garden. The theme of the 2025 celebration is “Bicentennial – The Human Connection.”
Expected attendance is 1,400 people, and the program will include remarks by the Chief of Mission and the Chief Guest, U.S. and Peru national anthems, live music, food, and drinks. The event will be held in an open-air environment, with a main tent and ancillary tents for food, beverages, and other services.
The Contractor
The Contractor working with the Embassy is responsible for menu planning, food preparation, and cleanup after the event. The Contractor is responsible for the timely transport, delivery, and installation of all services mentioned below for the successful execution of the event.
The Contractor should ensure that installations and services provided by the Contractor support and complement all above-mentioned programs associated with the four-hour event without any issues or impediments. The Contractor shall consider these factors to design a cohesive plan and implementation of all mentioned services.
The Contractor must complete all installations and most non-food deliverables by 12:00 pm on July 2, 2025.
There will be a limited technical rehearsal and full rehearsal within 72 hours of the event. If needed, the Contractor should be able to adjust and make changes before the event on July 3, 2025.
The Ideal Contractor will:
1. Possess the capability to collaborate with the Embassy and individually execute all installations and services for the event.
2. Have considerable experience and a record of successful management of events of similar magnitude.
3. Display creativity in the design of the menu as well as the execution of the theme.
4. Be able to adjust to unexpected changes in event programming and needs of the U.S. Embassy.
5. Have management skills, including adherence to the budget, staffing, and overall professionalism.
6. Communicate promptly and thoroughly with the Embassy throughout the project timeline.
7. Coordinate and work with other contractors/vendors hired by the Embassy.
8. Speak English and be at ease communicating verbally and in writing with
Embassy personnel in charge of the event.
9. Have a sufficient cultural understanding of the United States to interpret and relate to the theme.
10. Keep event costs within a given budget.
11. Arrive promptly for workdays and meetings with Embassy personnel, strictly adhering to daily start times, project timelines and deadlines. In ensuring mutual respect for agreed-upon schedules and deliverables, the Contractor should expect financial penalties in the event of avoidable delays.
12. Comply with security protocols mandated by the Embassy and the CMR.
13. Provide a POC that has English proficiency.
14. Have a supervisor who is present from 8:00 am to 5:00 pm each day and all other times that the caterer works at the Residence.
15. Be prepared to accept in-kind food and beverage donations to incorporate into their event menu.
The Contractor is expected to deliver the following:
1. Menu Planning
a. The contractor should collaborate closely with the Embassy to design a menu that meets the theme and requirements of the Independence Day event.
b. The contractor should propose a diverse and appealing menu that offers a variety of flavors and options to cater to the tastes of all guests attending the event. The menu should include both U.S. and Peruvian dishes, featuring 70% regional U.S. cuisines in line with the event’s theme. This may include a mix of appetizers, main courses, side dishes, and desserts that showcase seasonal ingredients and culinary creativity.
c. The contractor must consider any dietary restrictions or allergies communicated by the Embassy or guests when designing the menu. This includes providing options for vegetarians, vegans, gluten-free, dairy-free, and other dietary preferences as necessary.
d. The contractor should ensure that each dish is presented attractively, with appropriate garnishes and accompaniments that enhance both visual appeal and flavor.
e. The contractor should be flexible and adaptable in adjusting the menu based on Embassy feedback, last-minute changes, or unforeseen circumstances. This may involve accommodating additional guests, substituting ingredients, or making other modifications as needed while still maintaining the overall quality and integrity of the menu.
f. The contractor is responsible for submitting a detailed menu proposal to the Embassy for approval within the agreed-upon timeline. The proposal should include descriptions of each dish, ingredients used, portion sizes, and any relevant pricing information.
2. Food Preparation
a. The contractor should maintain the highest standards of food quality and safety throughout the preparation process. This includes sourcing fresh, high-quality ingredients, adhering to proper food handling and sanitation practices, and ensuring that all food items meet industry standards for taste, texture, and appearance.
b. The Contractor should demonstrate culinary expertise and proficiency in preparing a wide range of dishes, including appetizers, entrees, side dishes, and desserts. This may involve employing various cooking techniques, flavor profiles, and presentation styles to create dishes that are both delicious and visually appealing.
c. Timely food preparation is essential to ensure that all dishes are ready for service according to the agreed-upon schedule. The Contractor should accurately estimate cooking times, coordinate kitchen operations efficiently, and prioritize tasks to ensure that food is prepared and served promptly, minimizing wait times for guests.
d. The Contractor should strive to maintain consistent flavors, textures, and portion sizes across all dishes, regardless of batch size or order volume.
e. The Contractor should execute the approved menu with precision and care, following recipes and preparation instructions meticulously to achieve the desired flavor profiles and culinary outcomes. Any deviations from the menu should be communicated promptly to the Embassy and approved in advance.
f. The Contractor should be prepared to incorporate ingredients into their dishes and menu that have been donated to the Embassy.
g. The Contractor is expected to provide a well-equipped and professionally staffed bar service, including the provision of bartenders, bar setup, glassware, mixers, garnishes, and other necessary supplies for the preparation and service of alcoholic and non-alcoholic beverages, ensuring guest satisfaction and responsible alcohol service practices throughout the event.
h. The Contractor must adhere to all food safety regulations and guidelines established by local health authorities. This includes maintaining proper hygiene practices, temperature control, cross-contamination prevention, and storage procedures to minimize the risk of foodborne illness and ensure the safety of all guests.
i. The Contractor is responsible for maintaining a clean and organized kitchen environment throughout the food preparation process. This includes regular cleaning and sanitization of work surfaces, utensils, and equipment, as well as proper disposal of food waste and cleaning materials to prevent contamination and maintain food safety standards.
3. Provision of Equipment
a. The Contractor is expected to provide a comprehensive inventory of catering equipment and supplies necessary for food service at the Independence Day party. This includes but is not limited to serving trays, chafing dishes with heat source, utensils, plates, glassware, napkins, and any other items required for food presentation and service. A separate contractor will provide tenting, tables, chairs, and decorations.
b. The Contractor is responsible for ensuring that all equipment provided is of high quality, well-maintained, and in good working condition. This includes regular inspection and maintenance of equipment to identify and address any issues such as damage, wear and tear, or malfunctions prior to the event.
c. The set-up for the event should begin the week before the event to allow sufficient time for the task to be completed promptly. The removal of equipment and tools should occur on the day after the event.
4. Service Staff
a. All service staff provided by the Contractor should present themselves in a professional manner, including wearing clean and appropriate attire such as uniforms or black and white attire. The attire should not have any visible logos.
b. Service staff should arrive at the event venue on time, allowing for sufficient time to set up and prepare for service. Early arrival is encouraged to ensure readiness and to address any unforeseen issues or last-minute adjustments.
c. The Contractor is responsible for ensuring that there is an appropriate amount of service staff who are adequately trained and experienced in catering and hospitality service to carry trays of food and refill food tables. This includes knowledge of proper serving techniques, food safety practices, and customer service etiquette.
d. Service staff should provide attentive, courteous service throughout the event.
They should be proactive in anticipating and addressing guests' needs, responding promptly to requests, and accommodating special requests or dietary restrictions as necessary.
e. The Contractor is responsible for providing meals and refreshments for their staff members working at the event. The Embassy will not provide meals or refreshments during the set-up, breakdown, or the event itself.
5. Cleanup
a. The Contractor is expected to conduct a thorough cleanup of all areas used for food service, including the kitchen, dining areas, and any other spaces where catering equipment or supplies were utilized. This includes removing all traces of food waste, spills, and debris to leave the premises in a clean and sanitary condition.
b. All surplus food must be delivered to the Embassy after the event.
c. All catering equipment, including serving trays, chafing dishes, utensils, and other items provided by the Contractor, should be promptly disassembled and cleaned following the conclusion of the event. Any rental equipment should be returned to its designated location in an organized and undamaged state.
d. The Contractor is responsible for properly disposing of all food waste, packaging materials, and other disposable items generated during the event.
This may involve separating recyclable materials from non-recyclables and ensuring that all waste is disposed of in accordance with local regulations and environmental guidelines.
e. The Contractor is expected to clean the floors in the kitchen, dining areas, and any other spaces used for food service. The spaces should be swept, mopped, and/or vacuumed as needed to remove dirt, spills, and other debris.
f. After cleanup is complete, the Contractor should conduct a visual inspection of all catering equipment and supplies to identify any damage, malfunction, or missing items. Any issues should be reported to the Embassy or equipment rental provider for resolution. A count of all broken or damaged materials must be made with the CMR staff, so that the respective financial charge can be made in the following days.
The bidding process:
1. The Contractor shall submit a proposal including diagrams and detailed descriptions of design elements, along with other inventory to be used for decorations and other installations.
2. The Contractor shall also include examples of prior works of similar scale.
3. The Contractor shall provide a timeline for installation and dismantling of all equipment needed for the event.
4. Costs should include transportation, installation, and dismantling of equipment.
5. The Contractor is expected to exercise their judgment and creativity to make appropriate suggestions.
6. Proposals will be reviewed by the Committee, and candidates will be interviewed before the contract is finalized and awarded.
Role of the Embassy:
1. The Embassy shall provide the Contractor and its employees/sub-contractors access to the CMR compound and required areas within the compound before the event (for installation) and dismantling (after the event) in accordance with the Embassy’s security protocols detailed below.
Security:
1. The Embassy will be wholly responsible for the event security and access control.
2. The Contractor shall comply with all security requirements of the Embassy and CMR, including providing advance lists of all workers working with the Contractor and vehicles who/that need access to the event site prior to, during and after the event.
3. The Contractor will provide complete names of employees/sub-contractors, their DNI numbers, date of birth, and sex at least six (6) weeks prior to the event.
4. The Contractor will provide the make, model, color, year, and license plate of each vehicle requesting access to the CMR premises and access roads at least six (6) weeks prior to the event.
5. The Contractor will provide a list of all equipment, tools, building materials that it intends to bring into the CMR premises at least six (6) weeks prior to the event.
6. Any change in contracting personnel or vehicles needing to access the CMR compound must be communicated to the Embassy a minimum of 48 hours in advance of the required access.
7. All information shall be provided at least six (6) weeks before the event, coordinating with the Logistics Point of Contact.
SECTION 3
52.212-1 Instruc�ons to Offerors—Commercial Products and Commercial Services. (Sep 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisi�on appear elsewhere in the solicita�on. However, the small business size standard for a concern that submits an offer, other than on a construc�on or service acquisi�on, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for informa�on technology value-added resellers under NAICS code 541519, if the acquisi�on—
(1)Is set aside for small business and has a value above the simplified acquisi�on threshold;
(2)Uses the HUBZone price evalua�on preference regardless of dollar value, unless the offeror waives the price evalua�on preference; or
(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicita�on at or before the exact �me specified in this solicita�on. Offers may be submited on the SF 1449, leterhead sta�onery, or as otherwise specified in the solicita�on. As a minimum, offers must show—
(1) The solicita�on number;
(2) The �me specified in the solicita�on for receipt of offers;
(3) The name, address, and telephone number of the offeror;
https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items
(4) A technical descrip�on of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita�on. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representa�ons and cer�fica�ons at Federal Acquisi�on Regula�on (FAR) 52.212-3 (see FAR 52.212-3(b) for those representa�ons and cer�fica�ons that the offeror shall complete electronically);
(9) Acknowledgment of Solicita�on Amendments;
(10) Past performance informa�on, when included as an evalua�on factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant informa�on); and
(11) If the offer is not submited on the SF 1449, include a statement specifying the extent of agreement with all terms, condi�ons, and provisions included in the solicita�on. Offers that fail to furnish required representa�ons or informa�on, or reject the terms and condi�ons of the solicita�on may be excluded from considera�on.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another �me period is specified in an addendum to the solicita�on.
(d) Product samples. When required by the solicita�on, product samples shall be submited at or prior to the �me specified for receipt of offers. Unless otherwise specified in this solicita�on, these samples shall be submited at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre award tes�ng.
https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items
(e) Multiple offers. Offerors are encouraged to submit mul�ple offers presen�ng alterna�ve terms and condi�ons, including alterna�ve line items (provided that the alterna�ve line items are consistent with FAR subpart 4.10), or alterna�ve commercial products or commercial services for sa�sfying the requirements of this solicita�on. Each offer submited will be evaluated separately.
(f) Late submissions, modifica�ons, revisions, and withdrawals of offers.
(1) Offerors are responsible for submi�ng offers, and any modifica�ons, revisions, or withdrawals, so as to reach the Government office designated in the solicita�on by the �me specified in the solicita�on.
If no �me is specified in the solicita�on, the �me for receipt is 4:30 p.m., local �me, for the designated Government office on the date that offers or revisions are due.
(2)
(i) Any offer, modifica�on, revision, or withdrawal of an offer received at the Government office designated in the solicita�on a�er the exact �me specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contrac�ng Officer determines that accep�ng the late offer would not unduly delay the acquisi�on; and-
(A) If it was transmited through an electronic commerce method authorized by the solicita�on, it was received at the ini�al point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers;
or
(B) There is acceptable evidence to establish that it was received at the Government installa�on designated for receipt of offers and was under the Government’s control prior to the �me set for receipt of offers; or https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10
(C) If this solicita�on is a request for proposals, it was the only proposal received.
(ii) However, a late modifica�on of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any �me it is received and may be accepted.
(3) Acceptable evidence to establish the �me of receipt at the Government installa�on includes the �me/date stamp of that installa�on on the offer wrapper, other documentary evidence of receipt maintained by the installa�on, or oral tes�mony or statements of Government personnel.
(4) If an emergency or unan�cipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact �me specified in the solicita�on, and urgent Government requirements preclude amendment of the solicita�on or other no�ce of an extension of the closing date, the �me specified for receipt of offers will be deemed to be extended to the same �me of day specified in the solicita�on on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by writen no�ce received at any �me before the exact �me set for receipt of offers. Oral offers in response to oral solicita�ons may be withdrawn orally. If the solicita�on authorizes facsimile offers, offers may be withdrawn via facsimile received at any �me before the exact �me set for receipt of offers, subject to the condi�ons specified in the solicita�on concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representa�ve if, before the exact �me set for receipt of offers, the iden�ty of the person reques�ng withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors.
Therefore, the offeror’s ini�al offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contrac�ng Officer to be necessary.
The Government may reject any or all offers if such ac�on is in the public interest;
accept other than the lowest offer; and waive informali�es and minor irregulari�es in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limita�ons.
Unless otherwise provided in the Schedule, offers may not be submited for quan��es less than those specified. The Government reserves the right to make an award on any item for a quan�ty less than the quan�ty offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicita�on.
(1)
(i) The GSA Index of Federal Specifica�ons, Standards and Commercial Item Descrip�ons, FPMR Part 101–29, and copies of Federal specifica�ons, standards, and product descrip�ons can be downloaded from the ASSIST website at htps://assist.dla.mil.
(ii) If the General Services Administra�on, Department of Agriculture, or Department of Veterans Affairs issued this solicita�on, a copy of specifica�ons, standards, and commercial item descrip�ons cited in this solicita�on may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifica�ons and standards may be downloaded from the ASSIST website at htps://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardiza�on Program Office by—
(i) Using the ASSIST feedback module ( htps://assist.dla.mil/ feedback); or
(ii) Contac�ng the Defense Standardiza�on Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.
https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback https://assist.dla.mil/feedback mailto:assisthelp@dla.mil
(4) Nongovernment (voluntary) standards must be obtained from the organiza�on responsible for their prepara�on, publica�on, or maintenance.
(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicita�on requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annota�on "Unique En�ty Iden�fier" followed by the unique en�ty iden�fier that iden�fies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique en�ty iden�fier. The suffix is assigned at the discre�on of the Offeror to establish addi�onal SAM records for iden�fying alterna�ve EFT accounts (see FAR subpart 32.11) for the same en�ty. If the Offeror does not have a unique en�ty iden�fier, it should contact the en�ty designated at www.sam.gov for unique en�ty iden�fier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contac�ng the en�ty designated at www.sam.gov for establishing the unique en�ty iden�fier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to reques�ng offerors, the Government shall disclose the following informa�on, if applicable:
(1) The agency’s evalua�on of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical ra�ng of the successful and the debriefed offeror and past performance informa�on on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selec�on.
(4) A summary of the ra�onale for award;
https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/
(5) For acquisi�ons of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant ques�ons posed by the debriefed offeror as to whether source-selec�on procedures set forth in the solicita�on, applicable regula�ons, and other applicable authori�es were followed by the agency.
(End of provision)
SECTION 4
CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS
AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
(Current thru FAC 2023-02, effective 03/2023)
COMMERCIAL ITEMS
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This purchase order or BPA incorporates the following 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 address: Acquisition.gov this address is subject to change.
DOSAR clauses may be accessed at: https://acquisition.gov/dosar
FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:
NUMBER TITLE DATE
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
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
AUG 2020
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.204-25
PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
NOV 2021
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
SEP 2023
https://acquisition.gov/browse/index/far https://acquisition.gov/dosar
52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL ITEMS
NOV 2023
52.223-17
AFFIRMATIVE PROCUREMENT OF EPA-
DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS
JAN 2025
52.225-19
CONTRACTOR PERSONNEL IN A DIPLOMATIC OR
CONSULAR MISSION OUTSIDE THE UNITED
STATES
MAY 2020
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007
52.228-3 WORKERS’COMPENSATION INSURANCE JUL 2014
52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD
INSURANCE
APR 1984
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAR 2023
52.246-26 REPORTING NONCONFORMING ITEMS JAN 2025
THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:
CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (FEB 2023)
(a)Definitions. As used in this clause:
Covered article - The term "covered article" includes- (1)"Information and Communications technology" which means-
(i)any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.
(ii)computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.
(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.
(b)Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government. The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.
(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain. The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:
1. Functionality and features of covered articles, including access to data and information system privileges.
2. The user environment where a covered article is used or installed.
3. The ability of a source to produce and deliver covered articles as expected.
4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).
5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.
6. Vulnerability of Federal systems, programs, or facilities.
7. Market alternatives to the covered source.
8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.
9. Likelihood of a potential impact or harm, or the exploitability of a system.
10. Security standards of the supplier as demonstrated by cooperation with assessments.
11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.
12. Capacity to mitigate risks identified.
13. Factors that could lead to inability of the supplier to provide security updates.
14. Factors that may reflect upon the reliability of other supply chain risk information.
15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.
(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of State information system.
(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.
(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.
(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.
(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.
(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.
(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours.
Within three (3) days, they shall provide a report using a VEX format.
(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or
(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC
2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.
111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN
2025) ( 31 U.S.C. 6101 note).
https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655…
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