SOL_SPE3S120R0009 Published 2.25.21.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000104989

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE3S1-20-R-0009

5. SOLICITATION NUMBER

2021 FEB 25

6. SOLICITATION ISSUE

DATE

Noreen Killian PSPTRA9

a. NAME

Phone: 215-737-7718

b. TELEPHONE NUMBER (No Collect calls)

2021 MAR 29

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT

SUBSISTENCE SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

311612NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY 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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE 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

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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SPE3S1-20-R-0009

Form

TABLE OF CONTENTS FOR SOLICITATION SPE3S1-20-R-0009

CAUTION NOTICE Page 3 CONTINUATION OF BLOCKS FROM SF 1449 Page 6 PRICING SPREADSHEET Page 9 EPA SPREADSHEET Page 11 CONTRACT CLAUSES Page 11

● 52.212-4, Contract Terms and Conditions --Commercial Items Page 11

● ADDENDUM TO FAR 52.212-4 -- CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS Page 11

● 52.212-3, Offeror Representations and Certifications --Commercial Items Page 14

● 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

- Commercial Items Page 23

● 52.203-3, Gratuities Page 31

● 52.211-16, VARIATION in Quantity Page 31

● 52.216-19, ORDER LIMITATIONS Page 31

● 52.216-22, Indefinite Quantity Page 32

● 252.216-7006, ORDERING Page 32

● ECONOMIC PRICE ADJUSTMENT - POLYMERIC TRAYPACK RATION Page 33

● 252.217-7001, SURGE OPTION Page 38

● 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Page 39

● 52.204-25, Prohibition on Contracting for Certain Telecommunications & Video Surveillance Services or Equipment Page 41

● 52.246-15, CERTIFICATE OF CONFORMANCE Page 43

● 52.252-2, CLAUSES INCORPORATED BY REFERENCE Page 47 STATEMENT OF WORK Page 49 TECHNICAL/QUALITY DATA Page 51 SOLICITATION PROVISIONS Page 84

● 52.212-1, Instructions to Offerors --Commercial Items, (by reference) Page 84

● Addendum to 52.212-1 Page 84

● 52.212-2, Evaluation --Commercial Items, (by reference) Page 90

● Addendum to FAR 52.212-2 Page 90

● 52.215-6, Place of Performance Page 91

● 52.216-1, Type of Contract Page 93

● 52.233-9001, DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) Page 93

● 52.252-1, Solicitation Provisions Incorporated by Reference Page 94

CAUTION NOTICE

THE SUBJECT PROCUREMENT IS BEING SOLICITED UNDER THE FEDERAL ACQUISITION REGULATIONS (FAR) PARTS 12 AND 15 AS UNRESTRICTED WITH FULL AND OPEN COMPETITION WITH HUBZONE PRICE EVALUATION PREFERENCE. SEE FAR 52.219-4 AS LISTED BY REFERENCE FOR DEFINITION OF HUBZONE. THE SOLICITATION IS FOR 22 ENTREE TRAY PACK ITEMS USED AS COMPONENTS IN THE ASSEMBLY OF THE UNITIZED GROUP RATION HEAT & SERVE PROGRAM (UGR-H&S). SOLICITATION SPE3S1-20-R-0009 WILL RESULT IN A FIXED-PRICE WITH ECONOMIC PRICE ADJUSTMENT (EPA) CONTRACT(S)FOR A TOTAL TERM OF FIVE YEARS THAT WILL CONSIST OF FIVE 12-MONTH TIER PERIODS. THIS PROCUREMENT WILL UTILIZE LOW PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCEDURES.

OFFERORS ARE NOT REQUIRED TO SUBMIT PRICING FOR EVERY ITEM, HOWEVER, FOR EACH ITEM OFFERED UPON, PRICING MUST BE SUBMITTED ON ALL FIVE TIERS ON AN F.O.B. DESTINATION BASIS. FAILURE TO OFFER PRICING ON ALL FIVE TIERS MAY BE DEEMED AS NON-ACCEPTANCE OF THE ITEM(S) AND/OR TIER(S), WHICH COULD RESULT IN REJECTION OF THE ENTIRE PROPOSAL AS TECHNICALLY

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Form (CONTINUED)

UNACCEPTABLE. DIFFERENT PRICES MAY BE OFFERED PER TIER.

Offerors are cautioned to include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, with their offer. The Offeror shall complete only paragraph(b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.

acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

The Government may utilize a Reverse Auction as a pricing technique under this Solicitation.

Proposals submitted are considered proprietary and/or competition sensitive in nature. Use of the information provided in the proposals is for evaluation purposes only and will be limited to duly accredited officials of the Department of Defense who are subject to penalties for unlawful disclosure.

UNDER LOW PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES, AWARD(S) WILL BE MADE TO THE RESPONSIBLE OFFEROR (S), WHOSE OFFER CONFORMING TO THE SOLICITATION WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED. THE RATING METHODOLOGY FOR THE NON-PRICE FACTOR, PRODUCT DEMONSTRATION MODEL (PDM), WILL BE ACCEPTABLE OR UNACCEPTABLE. FAILURE TO PROVIDE ANY INFORMATION REQUESTED OR TAKING EXCEPTION TO ANY OF THE TERMS AND CONDITIONS OF THE SOLICITATION MAY CAUSE AN OFFEROR'S PROPOSAL TO BE DETERMINED TECHNICALLY UNNACCEPTABLE AND ELIMINATED FROM FURTHER CONSIDERATION FOR AWARD.

RapidGate

Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website at www.rapidgate.com.

Please note that RapidGate is currently a requirement for access to some military bases; however, these and other locations may require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement.

NOTE: RapidGate is not currently required for Depot Deliveries.

CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty.

Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that http://www.acquisition.gov http://www.acquisition.gov

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SPE3S1-20-R-0009

Form (CONTINUED) facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C.

3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

WIDE AREA WORKFLOW

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH WIDE AREA WORKFLOW (WAWF). WAWF a secure web based system for electronic invoicing, receipt, acceptance, and property transfer. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items information. WAWF is in accordance with the 2001 National Defense Authorization Act (DFAR 252.232-7003/252.232.7003 Electronic Submission of Payment Requests and Receiving Reports) which requires claims for payment under a Department of Defense Contract to be submitted in electronic form. As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFAR) to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DOD contracts. For access to the WAWF system, please go to the following website:

https://wawf.eb.mil/.

THE FOLLOWING ATTACHED FORMS REQUIRE INFORMATION TO BE FURNISHED BY EACH OFFEROR.

Any questions may be directed to the Contract Specialist, Debbie Goffman at debra.goffman@dla.mil or Contracting Officer, Noreen Killian at Noreen.killian@dla.mil.

Complete Standard Form 1449, Blocks 17a, 17b, 30a, b and c.

Complete all Supplies/Prices “Schedule” sheets (Offered Prices).

Complete the CAGE Code and DUNS number spaces on this page.

Complete all of the following and any additional Offeror Representations and Certifications:

a. AUTHORIZED NEGOTIATORS

b. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS

c. DFAR 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS mailto:debra.goffman@dla.mil

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SPE3S1-20-R-0009

d. PLACE OF PERFORMANCE

Please submit the following identification numbers:

CAGE CODE: __________________________ DUNS#:___________________________________

SYSTEM FOR AWARD MANAGEMENT (FORMERLY CENTRAL CONTRACTOR REGISTRATION)

The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in SAM/FedReg, ORCA, and EPLS. Future phases of SAM will add the capabilities of other systems used in Federal procurement and awards processes. ALL VENDORS MUST REGISTER OR UPDATE THEIR PROFILE IN THE “SYSTERM FOR AWARD MANAGEMENT” (SAM) DATABASE TO BE ELIGIBLE FOR AWARD (SEE FAR CLAUSE 52.212-4(t)). Your CAGE code must be active and there must be at least one individual listed as the Electronic Business Point of Contact (EB POC) in SAM. To register or update profile please go to the SAM website at: http://www.sam.gov.

CONTINUATION OF BLOCKS FROM SF 1449

1. Block 8

OFFER DUE DATE/LOCAL TIME: MARCH 29TH, 2021 @ 3:00 PM (EST) PHILADELPHIA TIME

NOTE: DUE TO COVID-19, THE BID ROOM WILL NOT ACCEPT ANY HARDCOPY AND IN-PERSON

PROPOSAL SUBMISSIONS. E-MAIL (ELECTRONIC) OFFERS ARE THE ONLY ACCEPTABLE FORM OF

TRANSMISSION OF PROPOSALS EXCEPT FOR THE PRODUCT DEMONSTRATION MODELS.

FACSIMILIE OFFERS ARE NOT ACCEPTABLE FORMS OF TRANSMISSION OF PROPOSALS. E-MAIL

OFFERS SHOULD BE SENT TO THE CONTRACT SPECIALIST, DEBRA GOFFMAN (DEBRA.

GOFFMAN@DLA.MIL) AND THE CONTRACTING OFFICER, NOREEN KILLIAN (NOREEN.

KILLIAN@DLA.MIL).

ALL PRODUCT DEMONSTRATION MODELS MUST BE DELIVERED TO THE LOCATION IDENTIFIED IN

52.212-1, INSTRUCTIONS TO OFFERORS BY THE DATE AND TIME SET FOR RECEIPT OF PROPOSALS.

NOTE: OFFERORS ARE ADVISED THAT DLA TROOP SUPPORT SYSTEMS HAVE CERTAIN EMAIL SIZE

AND TRANSMISSION LIMITATIONS. PROPOSAL SUBMISSIONS MUST BE PREPARED ACCORDINGLY.

INDIVIDUAL EMAIL ATTACHMENTS SHOULD NOT EXCEED 5MB IN SIZE, AND NO INDIVIDUAL

EMAIL SHOULD EXCEED MORE THAN 10 MB PER EMAIL (MULTIPLE EMAIL SUBMISSIONS MAY BE

NECESSARY). WHEN SUBMITTING MULTIPLE EMAILS AS A SUBMISSION, LABEL EACH EMAIL WITH

A NUMBER (E.G., 1 OF 8), ACCORDINGLY. AFTER TRANSMITTING AN EMAIL SUBMISSION,

OFFERORS SHOULD CONFIRM RECEIPT OF ALL EMAILS WITH THE INTENDED RECIPIENTS. IT IS AN OFFEROR'S RESPONSIBILITY TO ENSURE ITS ENTIRE PROPOSAL IS RECEIVED BY THE DATE

AND TIME SPECIFIED; EMAILS MUST BE TRANSMITTED IN SUFFICIENT TIME TO ENSURE AND

CONFIRM RECEIPT BY THE GOVERNMENT. OFFERORS ARE ADVISED THAT DLA TROOP SUPPORT'S

EMAIL SYSTEM MAY RELY ON SEVERAL DIFFERENT SERVERS AND/OR SECURITY FIREWALLS. AS

A RESULT, THERE MAY BE A LAG TIME BETWEEN THE DATE/TIME STAMP THE OFFEROR SENDS

AN OFFER VIA EMAIL AND THE DATE/TIME STAMP INDICATES THE OFFER IS RECEIVED BY THE

AUTHORIZED EMAIL ADDRESS. FOR THE PURPOSES OF ESTABLISHING THE TIMELINESS OF A

PROPOSAL, ONLY THE DATE/TIME INDICATED BY THE AUTHORIZED EMAIL ADDRESS AS HAVING

http://www.sam.gov mailto:Noreen.killian@dla.mil mailto:Noreen.killian@dla.mil

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Form (CONTINUED)

BEEN RECEIVED WILL BE USED. ANY OFFER THAT IS RECEIVED BY THE AUTHORIZED EMAIL

ADDRESS WITH A DATE/TIME STAMP AFTER THE CLOSING DATE/TIME OF THE SUBJECT

SOLICITATION WILL BE CONSIDERED LATE, REGARDLESS OF THE DATE/TIME WHEN THE EMAIL

WAS SENT OR WHEN INITIALLY RECEIVED BY GOVERNMENT SERVERS. LATE PROPOSALS WILL

NOT BE ACCEPTED OR CONSIDERED. AS DIRECTED BY THE CONTRACTING OFFICER, E-MAIL

SHALL ALSO BE USED DURING DISCUSSIONS/NEGOTIATIONS, IF DISCUSSIONS/NEGOTIATIONS ARE

HELD, AND FOR PROPOSAL REVISION(S), INCLUDING FINAL PROPOSAL REVISION(S). THE

CONTRACT SPECIALIST, DEBBIE GOFFMAN (DEBRA.GOFFMAN@DLA.MIL) AND THE CONTRACTING

OFFICER, NOREEN KILLIAN(NOREEN.KILLIAN@DLA.MIL) SHALL RECEIVE THE E- MAILED

PROPOSAL REVISIONS. IF AND WHEN A REQUEST FOR PROPOSAL REVISION IS ISSUED, THE DATE

AND TIME FOR RECEIPT OF PROPOSAL REVISIONS, WILL BE DESIGNATED IN THAT REQUEST.

NOTE: SUBMISSION OF PROPOSALS THROUGH THE UPLOAD CAPABILITY IN DIBBS IS PROHIBITED.

NOTES:

A. The Government reserves the right to evaluate offers and make award(s) 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.

B. In accordance with L09 Reverse Auction (OCT 2016), the Government may utilize Reverse Auction as a pricing technique under this solicitation.

4. Block 15

Delivery quantities shall be provided via delivery orders issued on an as needed basis. Delivery shall be FOB Destination to the following ship to address:

W62GT

W1BG DLA Distribution 25600 S Chrisman Road

Rec Warehouse 30 Tracy, CA 95304-5000

United States

Inspection is at the Contractor's Plant and Acceptance is at Destination. Required delivery dates shall not exceed 90 days after issuance of each delivery order.

5. Block 17a

Offeror's assigned Data Universal Numbering System (DUNS) Number:_______________________________ (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors --Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

Offeror's assigned Contractor and Government Entity (CAGE) Code: _______________________________

Offeror's: Specify Fax Number(s):______________________________________________________

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SPE3S1-20-R-0009

Email Address(s): __________________________________________________________

6. Block 17b

Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, telephone numbers, facsimile (FAX) numbers, and emails for each authorized negotiator.

BLOCKS 19-24 (continued)

NOTE: Offeror shall submit their price proposal by completing the below UGR H&S Entree Pricing Table and (Economic Price Adjustment) EPA Table. Unit prices shall be limited to a maximum of two decimal places. Offering on every item is not mandatory, however, offering on all five tiers is mandatory for any item offered upon. Failure to offer on five tiers may be deemed as non-acceptance of the tiers and could result in rejection of the offerors' entire proposal. Tier 2 will follow Tier 1 upon expiration of that period, Tier 3 will follow Tier 2 upon expiration of that period, Tier 4 will follow Tier 3 upon expiration of that period, and Tier 5 will follow Tier 4 upon expiration of that period. Deliveries may fall outside of tier effective periods. However, prices will be based on the time an order is placed, not when an order is delivered. For example, if an order is placed during tier 2, but delivery is made during tier 3, then the prices in effect for that order will be the tier 2 prices. Offeror must also complete the EPA Spreadsheet below. See text titled, ECONOMIC PRICE ADJUSTMENT, in this solicitation for more instructions.

*ONLY ONE PRICE PER LINE ITEM PER TIER WILL BE ACCEPTED.

“A Qualification stating an offeror will only accept an award for all items offered upon will not be accepted.

NOTE: There is no electronic pricing spreadsheet. All pricing MUST be submitted with the offer by completing the below pricing and EPA spreadsheets contained in the Solicitation.

The below spreadsheet must be populated for each of the 5 tiers with the TOTAL OFFERED PRICE. THE DOLLAR PORTION SUBJECT TO EPA PLUS FIXED PRICE PORTION MUST EQUAL TOTAL OFFERED PRICE FOR EACH TIER.

FOR EXAMPLE: If the Dollar Portion Subject to EPA For Turkey Cutlets is $2.00 and the Fixed Price Portion for Tier 1 is $18.00, Tier 2 is $19.00, Tier 3 is $20.00, Tier 4 is $21.00, and Tier 5 is $22.00, the spreadsheet would be populated as follows:

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NOTE: MAXIMUM QUANTITIES INCLUDE SURGE REQUIREMENTS

EPA SPREADSHEET

See text titled, ECONOMIC PRICE ADJUSTMENT, in this Solicitation for Economic Indicators.

“Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor; specifically, the product material costs of beef, turkey, ham, pork, and chicken. However, the portion subject to EPA does NOT include any costs that are within the control of the vendor, including, but not limited to, the vendor's labor, overhead, general and administrative expenses, transportation, and profit.

OFFERORS ARE REQUIRED TO COMPLETE THE BELOW EPA SPREADSHEET WITH ITS OFFER FOR THE ITEMS SUBJECT TO EPA.

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Form (CONTINUED)

FOR EXAMPLE: If the Dollar Portion Subject to EPA For Turkey Cutlets is $2.00 and the Fixed Price Portion for Tier 1 is $18.00, Tier 2 is $19.00, Tier 3 is $20.00, Tier 4 is $21.00, and Tier 5 is $22.00, the spreadsheet would be populated as follows:

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) - FAR is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Part 12 Clauses

CLAUSES ADDED TO PART 12 BY ADDENDUM

ADDENDUM TO 52.212-4

The following paragraph(s) of 52.212-4 are amended as indicated below:

1. Paragraph (a), Inspection/Acceptance, is revised to add FAR clause 52.246-2, Inspection of Supplies - Fixed Price. FAR 52.246-2 expands the definition of “Supplies,” to include, but not limit to, raw materials, components, intermediate assemblies, end products, and supply lots. FAR 52.246-2 is required for Product Verification Testing (PVT), which is a requirement on any resulting contract(s). PVT is addressed in full text elsewhere in the solicitation.

2. Paragraph (a), Inspection/Acceptance, is revised to add the following:

https://www.acquisition.gov/far/index.html

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Part 12 Clauses (CONTINUED)

Inspection at Contractor's Plant, and Acceptance at Destination.

(b) Resultant award(s) or contract(s) will contain the name and address of the office responsible for performance of inspection.

(c) Offeror shall indicate below the location where supplies will be inspected:

Plant: ______________________________________________ Street: _____________________________________________ City/State/Zip: _______________________________________

3. Paragraph (c), Changes, is deleted in its entirety and replaced with the following:

(c) Changes.

(1) The Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency options set forth in this contract.

(2) The Contracting Officer may at anytime, by unilateral written order, make changes within the general scope of this contract in any one or more of the following:

(i) Method of shipment or packing;

(ii) Place, manner, or time of delivery.

(3) If such change causes an increase or decrease in the cost of, or time required for, performance for any part of the work under this contract, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(4) The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(5) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract.

4. Paragraph (d), Disputes, is revised to add the following:

DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

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(End of Provision)

5. Paragraph (m), Termination for Cause is deleted and replaced with the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

6. Paragraph (o) Warranty: The following clause will supersede FAR 52.212-4(o) referenced in this solicitation.

7. Paragraph (r), Compliance with laws unique to Government contracts, is revised to include the following:

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

8. Paragraph (t), Paragraph (t), System for Award Management.

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) Code” means --

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code”.

“Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the System for Award Management database” means that --

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database;

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active”.

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52.212-3 Offeror Representations and Certifications -- Commercial Items (JAN 2021)

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

(a) Definitions. As used in this provision -- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service --

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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 https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

Service-disabled veteran-owned small business concern --

(1) Means a small business concern --

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that --

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by --

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

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

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.

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

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0
&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/content/52212-3alternate-i https://www.acquisition.gov/content/41201-policy

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)

(1) of this provision.] The offeror represents, as part of its offer, that -

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

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(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352).