SF 1449 Solicitation No 70FB7025Q00000029 _Expired Meals - DC Caribbean Final.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

70FB70

See Schedule

FEMA CODE 16. ADMINISTERED BYCODE

X

X

X

562211

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70FB70

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/18/2025

(771)202-0596Marcia Irizarry Snyder (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

08/25/2025 1200 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB7025Q00000029

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 64WX04952Y2025TOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

FEDERAL EMERGENCY MANAGEMENT AGENCY

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

FEMA-INCIDENT SUPPORT SECTION

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

FEMA-INCIDENT SUPPORT SECTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472 USA

This is a request for quote for a firm-fixed purchase order issued under SAM.gov to dispose expired meals OCONUS:

i. DC Caribbean – 747,840 (1,298 pallets)

ii. Annex Cayey– 363,840 (632 pallets)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Karley J. Hoyt

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 120 Days After Award

Period of Performance: 09/15/2025 to 01/13/2026

0001 Expired Survivor Meal Disposal- 747,840 (1,298 1121 TN pallets)/1121 tons from Distribution Center (DC)

Caribbean

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

0002 Expired Survivor Meal Disposal-363,840 (632 546 TN pallets)/546 tons from Annex Cayey

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

642 of

Request for Quote: Expired Meals Disposal – Solicitation Number 70FB7025Q00000029

CONTRACT TYPE:

This is a combined synopsis/solicitation for commercial item prepared in accordance with the format in FAR

Part 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Federal Emergency Management Agency (FEMA) is issuing a Request for Quotes (RFQ) under FAR Part 12

Acquisition of Commercial Items, in conjunction with FAR Part 13 Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Regulations. The Government anticipates awarding a Firm Fixed Price (FFP) type contract demonstrates the best value to the Government.

SECTION A: REQUIREMENT

FEMA Logistics Management Directorate is seeking to procure services to dispose expired meals in DC

Caribbean: for OCONUS DCs – 576 meals per pallet at Distribution Center Caribbean (Puerto Rico).

i. DC Caribbean – 747,840 (1,298 pallets)

ii. Annex Cayey– 363,840 (632 pallets).

A.1 Description

See Attachment A – Statement of Work (SOW) entitled “Attachment A – SOW

A.2 Period of Performance

Delivery shall be completed within 120 days from award.

A.3 Place of Performance

Distribution

Centers

/ Warehouses

Address line 1 Address line 2 Operating

Hours (Local

Time)

Caribbean Industrial Park PR-1, KM 25.1 FEDAAC

70F337

Caguas, PR 00725 08:00 – 14:00

Mon- Fri

Cayey Eleora, LLC (Forma Amcor)

Carr #1 KM 56.3 Bo.

Montellano

Cayey, PR 00736 08:00 – 14:00

Mon- Fri

Hours of Performance: The contractor shall schedule all delivery activities with the Contracting

Officer’s Representative (COR), Distribution Center supervisor, and FEMA Transportation after

Task order award.

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Point of Contact: Government POC shall be provided upon contract award.

In case of inclement weather not permitting arrival of participants, the Government reserves the right to make one adjustment to the period of performance with advance notice.

All referenced FAR and HSAR provisions and clauses may be accessed electronically at http://acquisition.gov .

SECTION B: INSTUCTIONS AND EVALUATION CRITERIA

B.1 Evaluation Factors and Award Decision

The Government will use best value as the basis for award. Price and ability to meet product specifications outlined in the SOW (Attachment A) will be evaluated to determine the best value for the Government.

Evaluation Factors and Criteria are as follows:

1. Factor Identification - This Government will evaluate the offerors using the following factors:

Factor 1 – Technical Approach

Factor 2 – Disposal Service Schedule

Factor 3 – Past Performance

Factor 4 - Price

2. Order of Importance - Order of Importance: Factor 1, Technical Approach is the most important factor, and more important than Factor 2, Service Schedule, Factor 3, Past Performance. The non-price factors 1,2 and 3 combined are more important than Factor 4, Price.

B.2 Proposal Instructions:

1. Technical Proposal

The Technical Proposal shall not exceed 2 pages in length. The proposal shall address the following:

a. Factor 1 – Technical Approach

• TECHNICAL SPECIFICATION. The company’s representative shall attest to meeting OCONUS disposal and destruction requirements for perishable commodities as outlined in the SOW. This shall include the offerors’ confirmation to adhere to support all the Distribution Center locations listed in the SOW.

• DISPOSAL. The offerors shall provide the plans for how they will dispose the unused and expired perishable items upon the Government’s confirmation and release.

• PROOF OF DESTRUCTION provide documentation to the Contracting

Officer’s Representative (COR) and Contracting Officer (CO). The Contractor shall certify the product is no longer available for human consumption or is being re-entered into the marketplace as outlined in the SOW.

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b. Factor 2 Disposal Service Schedule

• SERVICE. The SOW requires the contractor to be able to provide the required transportation assets to remove the required expired Commodities from the

Distribution Centers.

• OCONUS SERVICE SCHEDULE. The offeror shall provide breakdown of service schedule that is realistic, considering the OCONUS distribution center locations, as well as weather and transportation availability to factor into the plan.

• Per location / Distribution Center

• Days of Pickup Service Planned

• Number of truckloads to be picked up per day

• Number of Commodities to be picked up per day\

c. Factor 3 - Past Performance

i. The offerors shall provide past performance information, demonstrating experiences in having supported meal disposal from OCONUS locations.

The offerors shall submit a minimum of three

(3) past performance projects completed within the last three (3) years or currently in progress, which are relevant to this requirement by being similar in size and scope of complexity.

ii. Past performance listed may include those entered into by Federal government, agencies of the State and local governments. If the offeror does not have Federal, State or local government experience, commercial experience can be substituted, but they must be clearly identified. Contracts performed by the parent, or an affiliate of the offeror may not be used.

iii. The offeror shall provide reference information to include:

• Project title or product provided

• Contract Number

• Contract Type and Contract Dollar Value

• Period of Performance

• Summary of work performed and how it is relevant to the requirement

• Project Point of Contact Information (Name, Phone number, email address)

2. Non-Technical Proposal

a. Factor 4 – Price

• The price proposal shall include Total Cost per Contract Line Item (CLIN) filled into the Table below.

CLIN Description Qty Unit of

Issue

Unit

Price

Total

Price

Destruction – 747,840 (1,298 pallets) of expired meals provide service to

Distribution Center (DC Caribbean) 1,120 Tons (TN) $0.00 $0.00

Destruction - 363,840 (632 pallets) of expired meals provided to Distribution

Center (DC Caribbean) 546 Tons (TN) $0.00 $0.00

B. Evaluation Methodology

1. Technical Proposal Evaluation

a) Technical Evaluation Ratings and Definitions – Each offeror’s technical proposal will be evaluated for completeness and to determine whether the proposed approach meets the requirement and criteria as specified in the SOW. The table below provides definitions of the

Confidence Rating to be used in evaluating each offeror’s technical proposal for Factors 1, 2 and

3.

b) Factor 1 – Technical Specification

The technical specification will be evaluated to determine the offeror provides a complete and firm copy of current technical specification certification. It will also evaluate the offeror’s indication of tracking information capability and confirmation of timely submission of tracking information to the Government.

c) Factor 2 – Disposal Schedule

The Disposal Schedule will be evaluated for the earliest and reasonable dates proposed, considering weather and transportation availability considerations. It will also evaluate the offeror’s understanding and confirmation of meeting the service requirement in response to the disposal of the requested quantities.

RATING DESCRIPTION

High

Confidence

The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some

Confidence

The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low

Confidence

The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

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Location Day # of Trucks # of commodities picked up

DC Caribbean

Cayey Annex

b) Factor 3 – Past Performance

2. Non-Technical Proposal – Price Evaluation

a. Price proposal evaluation will not receive an adjectival rating.

b. The Government will perform price evaluation to determine whether proposed prices are fair and reasonable. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Offerors are cautioned that unreasonably high prices may cause your proposal to be deemed not fair and unreasonable.

c. In evaluating price, the Government will utilize one or more proposal analysis techniques from FAR 15.404-1. Examples of such techniques include, but are not limited to the following:

• Comparison of proposed prices received in response to the solicitation.

• Comparison of proposed prices to historical prices paid, whether by the

Government or other than the Government, for the same or similar items.

• Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

• Comparison of proposed prices with independent Government cost estimates.

• Comparison of proposed prices with prices obtained through market research for the same or similar services.

B.3 Quote Submission Instructions

Questions are due by 12:00 pm Eastern Time on Wednesday, August 20, 2025. Quotes must be submitted via SAM.gov by 12:00 pm on Monday, August 25, 2025. Offerors shall reference the

Solicitation Number 70FB7025Q00000029 from SAM.gov on all documentation submitted in response to this solicitation via email Karley.Hoyt@fema.dhs.gov and Marcia.IrizarrySnyder@fema.dhs.gov Late

Quotes will not be accepted.

Quotes MUST be good for 60 calendar days after close of the solicitation.

This solicitation requires registration with System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be “ACTIVE” at time of award. The Unique Entity ID must be included in the quote as well.

Upon receipt of quote, the Government shall verify the Offeror followed the formatting directions and is not listed in the Excluded Parties List System (EPLS). Offerors found on the EPLS shall not be considered for award, in accordance with FAR 9.405(3).

Request for Quote: Expired Meals Disposal – Solicitation Number 70FB7025Q00000029 mailto:Karley.Hoyt@fema.dhs.gov mailto:Marcia.IrizarrySnyder@fema.dhs.gov http://www.sam.gov/

B.4 Government-Furnished Equipment and Information

The Contractor shall provide the appropriate equipment to perform all requirements under this contract.

SECTION C: SECURITY

The Contractor shall comply with the Department of Homeland Security’s (DHS) technical, management, and operational security controls to ensure that the Government’s security requirements are met. DHS 4300A policy guide will be used for Sensitive Systems and DHS 4300B policy guide will be used for National Security

Systems.

C.1 Release of Information

All information relating to the items to be delivered or services to be performed under this contract may not be disclosed by any means without prior approval of the Contracting Officer.

Dissemination of public disclosures includes but is not limited to: permitting access of such information by foreign national or by any other person, entity, and publication of technical or scientific papers, advertising, or any other proposed public release. The contractor shall provide adequate physical protection to such information so as to preclude access by any person or entity not authorized such access by the Government.

SECTION D: CONTRACT ADMINSTRATION DATA

D.1 Identification of Government Officials

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Karley Hoyt

Email: Karley.Hoyt@fema.dhs.gov

Administrative Contracting Specialist:

Name: Marcia Irizarry Snyder

Email: Marcia.IrizarrySnyder@fema.dhs.gov

Contracting Officer’s Representative:

Name: To be provided at time of award

Email:

D.2 Invoice Approval (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver:

Name: TBD

Title: Contracting Officer Representative

Email:

javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$PinnedDocumentResults$ctl03$DocumentNumberLink','') mailto:Karley.Hoyt@fema.dhs.gov mailto:Marcia.IrizarrySnyder@fema.dhs.gov

D.3 Contract Provisions and Clauses

Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at “FAR 52.252-2 CLAUSES INCORPORATED BY

REFERENCE”. See https://www.acquisition.gov for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.202-1 Definitions Jun-20 52.203-5 Covenant Against Contingent Fees May-14 52.203-7 Anti-Kickback Procedures Jun-20 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May-14

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Nov-23

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

Jan-17

52.204-7 System for Award Management Nov-24 52.204-16 Commercial and Government Entity Code Reporting Aug-20 52.204-17 Ownership or Control of Offeror Aug-20 52.204-18 Commercial and Government Entity Code Maintenance Aug-20 52.204-19 Incorporation by Reference of Representations and Certifications Dec-14 52.211-5 Material Requirements Aug-00

52-232-1 Payments Apr-84 52.232-33 Payment of Electronic Funds Transfer-System for Award

Management Oct-18

52.232-39 Unenforceability of Unauthorized Obligations Jun-13

52.233-1 Disputes May-14 52.243-1 Changes Fixed-Price Aug-87 52.244-6 Subcontractors for Commercial Items Nov-24

HSAR Number Title Date

3052.212-70 Contract Terms and Conditions Applicable to DHS

Acquisition of Commercial Items

JUL 2023

3052.222-70 Strikes or picketing affecting timely completion of the contract work

DEC 2003

3052.222-71 Strikes or picketing affecting access to a DHS facility

DEC 2003

https://www.acquisition.gov/

3052.242-72 Contracting officer's representative

DEC 2003

LOCAL CLAUSE

The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C.

9401(3), unless expressly authorized by the Contracting Officer.

The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to –

• perceive real and virtual environments;

• abstract such perceptions into models through analysis in an automated manner; and

• use model inference to formulate options for information or action.

(End of Local clause)

FAR 52.212-1 Instructions 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 acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer under NAICS code 562211, is $47M, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation 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 solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$PinnedDocumentResults$ctl03$DocumentNumberLink','') https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items with the requirements in the solicitation. 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 representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation 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 information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(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 time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is

4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

Request for Quote: Expired Meals Disposal – Solicitation Number 70FB7025Q00000029 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 https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial 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 installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting 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 initial 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 Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities 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 limitations. Unless otherwise provided in the

Schedule, offers may not be submitted for quantities less than those specified. The Government javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$PinnedDocumentResults$ctl03$DocumentNumberLink','') reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the

ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the

Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, 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 solicitation 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 annotation "Unique Entity

Identifier" followed by the unique entity identifier that identifies 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 entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed

Request for Quote: Expired Meals Disposal – Solicitation Number 70FB7025Q00000029 https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

FAR 52.212-2 Evaluation-Commercial Items (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Order of Importance - Factor 1, Technical Specification is the most important factor, and more important than Factor 2, Disposal Plan, Factor 3, Past Performance. The non-price factors

1, 2, and 3 combined are more important than factor 4,, Price.

(b) Options. There are no options available. The total price listed is the price the Government intends to use for evaluation purposes.

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

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (MAY 2024)

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— javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$PinnedDocumentResults$ctl03$DocumentNumberLink','') https://www.sam.gov/

Covered telecommunications equipment or services has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300. It automatically qualifies as a women-owned small business eligible under the WOSB

Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Request for Quote: Expired Meals Disposal – Solicitation Number 70FB7025Q00000029 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim

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"—

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 (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled 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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, 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 the threshold at

13 CFR 124.104(c)(2) 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

Request for Quote: Expired Meals Disposal – Solicitation Number 70FB7025Q00000029 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

(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 and controlled by one or more veterans (as defined at

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at

FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial

Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

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

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

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13

CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

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

(3) SDVOSB 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 that it □ is, □ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) 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 CFR 124.1001.

(6) 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.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture.