Solicitation_FINAL.pdf

COMBINED SYNOPSIS/SOLICITATION FOR

DALLAS AOR MEAL PACKAGES

Solicitation Number: 192120FDADAL00120

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, and under the authority of FAR Part 13.5 – Simplified Procedures for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is issuing a request for quotation under solicitation number 192120FDADAL00120 for meal delivery services in accordance with Attachment A - Statement of Work(SOW).. The Government anticipates a Firm Fixed Price (FFP) Purchase Order Award.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04.

The associated North American Industry Classification System (NAICS) Code for this procurement is 722310, with a small business size standard of $41,500,000.00.

This procurement is a total small business set-aside.

Description:

The Dallas Field Office of Immigration and Customs Enforcement (ICE) requires packaged food and beverage service for the Dallas Field Office and surrounding support offices.

Calls for services will be made Monday through Saturday during the hours of 7:30 a.m. and 4:00 p.m. No calls for services or deliveries will be made on Federal Holidays.

Delivery response times shall be within 24 hours after receipt of service calls or as directed by the Contracting Officer’s Representative (COR). Special deliveries shall be made within five (5) hours of service call. ICE needs the option to increase and/or decrease meals. Contractor will be given 24-hour notification.

Delivery Locations:

FOB Destination applies for deliveries to:

1. Dallas Field Office 8101 North Stemmons Freeway Dallas, Texas 75247

2. Oklahoma City, Oklahoma 4400 SW 44th Street

Oklahoma City, OK 73119

3. Tulsa, Oklahoma 1603 South 101st East Ave Tulsa, OK 74128

Delivery point of contact will be provided upon award.

Period of Performance:

Base Period: 05/01/2020 – 04/30/2021 Option Period 1: 05/01/2021 – 04/30/2022 Option Period 2: 05/01/2022 – 04/30/2023 Option Period 3: 05/01/2023 – 04/30/2024 Option Period 4: 05/01/2024 – 04/30/2025

Schedule of Services:

Complete the table below with firm-fixed unit and total prices:

CLIN Item Description Quantity

Unit of

Issue Unit Price Total Price

Base - Dallas Field Office Delivery Estimated 700 meals weekly delivered

IAW SOW

36,400 EA

Base - Oklahoma City Delivery Estimated 123 meals weekly delivered

6,396 EA

Base - Tulsa County Delivery Estimated 50 meals weekly delivered IAW

SOW

2,600 EA

Option Period 1 - Dallas Field Office Delivery Estimated 700 meals weekly delivered

Option Period 1 - Oklahoma City Delivery Estimated 123 meals weekly delivered

Option Period 1 - Tulsa County Delivery Estimated 50 meals weekly delivered IAW

Option Period 2 - Dallas Field Office Delivery Estimated 700 meals weekly delivered

Option Period 2 - Oklahoma City Delivery Estimated 123 meals weekly delivered

Option Period 2 - Tulsa County Delivery Estimated 50 meals weekly delivered IAW

Option Period 3 - Dallas Field Office Delivery Estimated 700 meals weekly delivered

Option Period 3 - Oklahoma City Delivery Estimated 123 meals weekly delivered

Option Period 3 - Tulsa County Delivery Estimated 50 meals weekly delivered IAW

Option Period 4 - Dallas Field Office Delivery Estimated 700 meals weekly delivered

Option Period 4 - Oklahoma City Delivery Estimated 123 meals weekly delivered

Option Period 4 - Tulsa County Delivery Estimated 50 meals weekly delivered IAW

Payment will be made only for those meals ordered and satisfactorily delivered.

The quantities provided are estimates only and are not guaranteed.

Note: The price estimate must include the tentative delivery for all site locations.

The pricing information is to include shipping and freight and be a firm fixed priced. The delivery driver will be required to present a valid driver’s license and proof of insurance.

Note: Quote MUST be good for at least 30 calendar days after the RFQ close date. Quotes received after the below-mentioned closing date and time will not be accepted. DHS, ICE is a federal agency and is tax exempt.

Basis of Award and Evaluation Factors:

The Government will make a single award to the responsible Contractor whose quotation is most advantageous to the Government on a best-value basis, considering technical capability, delivery and price. Evaluation will be conducted, and selection will be made in accordance with the guidelines provided in the Federal Acquisition Regulation (FAR), Homeland Security Acquisition Manual (HSAM), and this RFQ.

The Government will evaluate information based on the following evaluation criteria:

1. Technical Capability: Describe your understanding of the requirement and your ability to meet the requirement in accordance with the Statement of Work.

Assumptions: Offerors shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated, or exceptions have been taken with the SOW as written. These assumptions, conditions and exceptions shall be written in red ink and listed on the first three pages of the offeror's Technical Capability submission. If technical assumptions are not noted in the technical submission and this section of the quotation, it will be assumed that the offeror’s quotation reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the offeror’s quotation. Accordingly, any technical-related assumptions listed in any other section shall be null and void.

2. Delivery: The Contractor shall provide details regarding delivery in accordance with the Statement of Work.

Assumptions: Offerors shall indicate, in this section only, if any delivery-related assumptions have been made, conditions have been stipulated, or exceptions have been taken with the Statement of Work (SOW) as written. These assumptions, conditions and exceptions shall be written in red ink and listed on the first page of the offeror's Delivery Capability submission. If delivery assumptions are not noted in the delivery submission and this section of the quotation, it will be assumed that the offeror’s quotation reflects no deliver assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

3. Past Performance: The Contractor shall not provide a past performance submission.

Past Performance will be evaluated in accordance with the criteria in FAR 52.212-2 outlined below.

4. Price: The Contractor shall complete the pricing chart included in this solicitation, therefore submitting a firm fixed-price quote inclusive of all costs.

Assumptions: Offerors shall indicate, in this section only, if any exceptions/assumptions to the pricing terms and conditions of the RFQ. These assumptions, conditions and exceptions shall be written in red ink and listed on the Price Quote. If price assumptions are not noted in Price Quote, it will be assumed that the quote reflects no price assumptions for award and that the offeror agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quote. Accordingly, any price related assumptions listed in any other section shall be null and void.

Offers submitted without one or more of the items listed above may not be considered for award.

FAR 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

Offerors shall submit quotations in accordance with FAR 52.212-1, Instructions to Offerors- Commercial Items as well as in accordance with the volumes listed below in order to be considered for award.

ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items: All quoters shall submit a firm-fixed-price quote to include a short narrative describing Contractor understanding of the requirement in accordance with the SOW and the details regarding delivery and installation in accordance with the Statement of Work and delivery date. Partial quotes will not be accepted for this requirement. All quotations shall be sent, via email, to Briana Jones at Briana.Jones@ice.dhs.gov and Amber Gray at Amber.Gray@ice.dhs.gov. Submission shall be received not later than 1500 EST on April 15, 2020. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Interested vendors must submit all questions in writing to Briana.Jones@ice.dhs.gov and Amber.Gray@ice.dhs.gov no later than 1500 EST on April 8, 2020.

As previously mentioned, this solicitation is being issued in accordance with FAR 12.6, therefore an SF1449 is not being used for this solicitation. The offeror is not required to sign and return the SF1449.

Offeror’s are advised that quotes shall be accepted only from those vendors quoting as potential prime contractors. Therefore, prime contractors are responsible for including all subcontractor quotes (if applicable) as part of their quote submission; separate submissions by subcontractors will not be accepted.

Include the DUNS number on the quote. In order to be eligible for award, vendor must be registered and have an active System for Award Management (SAM) account.

The Government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s).

Any questions or concerns regarding this solicitation should be forwarded in writing, via e-mail, to the Contract Specialist, Briana Jones at Briana.Jones@ice.dhs.gov.

Contracting Office Points of Contact:

Briana Jones, Contract Specialist E-mail: Briana.Jones@ice.dhs.gov Office: (202) 732-2661

Amber Gray, Contracting Officer E-mail: Amber.Gray@ice.dhs.gov Office: (202) 732-7020

Attachments:

mailto:Briana.Jones@ice.dhs.gov mailto:Amber.Gray@ice.dhs.gov mailto:Briana.Jones@ice.dhs.gov mailto:Amber.Gray@ice.dhs.gov mailto:Briana.Jones@ice.dhs.gov mailto:Briana.Jones@ice.dhs.gov mailto:Amber.Gray@ice.dhs.gov

Attachment A – Statement of Work (SOW)

Provisions and Clauses:

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

FAR 52.204-7 – System for Award Management (Oct 2018)

FAR 52.204-16 – Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

FAR 52.212-2 Evaluation—Commercial Items. (OCT 2014)

(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. Technical Capability

2. Delivery

3. Past Performance

4. Price

This is a best value / trade-off procurement. It should be noted that award may be made to other than the lowest priced quotation if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated quotation, if the Government determines that a price premium is not warranted.

Technical Capability/Past Performance/Delivery Evaluation

The Government will perform a comparative evaluation to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation.

The Government anticipates selecting the best-suited offeror from initial responses, without engaging in exchanges with offerors. Therefore, offerors should ensure that their initial quotation constitutes their best technical solution and price in response to this RFQ.

Once the Government determines the offeror that is the best-suited, the government reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize a purchase order with that offeror. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited offeror based on the original analysis and address any remaining issues.

Past Performance Evaluation No separate past performance submission is required. The Government will perform a comparative evaluation based on one or more of the following:

http://acquisition.gov/comp/far/index.html

• The contracting officer’s knowledge of and previous experience with the supply or service being acquired;

• The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or

• Any other reasonable basis.

Pricing Evaluation

Pricing evaluation will be based on comparison of competitive quotations. Should only one offer be received, price reasonableness will be determined based on one or more of the following:

• Market Research,

• Comparison with historical prices paid,

• Published price lists,

• Comparison with similar prices in the industry,

• Procurement team’s knowledge of the services being purchased, and/or

• Comparison to the IGCE.

The Government will evaluate Price with respect to accuracy, reasonableness, and completeness based on information submitted in the Offeror’s price submission.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Unbalanced pricing exists when despite an acceptable total evaluated price, the price of one or more contract line item and/or option is significantly over or understated as indicated by the application of price analysis techniques. An unbalanced offer may pose an unacceptable risk to the Government and may be rejected. Evaluation of options shall not obligate the Government to exercise the options. The Government is not contemplating a price realism analysis.

As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding an additional 6-months of potential extension based on the offeror's final option period prices to the offeror's total price. The offeror shall not submit a price for the optional extension of services period in accordance with FAR 52.217-8.

(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.

FAR 52.212-3 Offerors Representations and Certifications – Commercial Items

(DEC 2019)

Offerors must complete annual representations and certifications on-line at https://www.sam.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

(End of provision)

FAR 52.203-3 – Gratuities (Apr 1984) https://www.sam.gov/

FAR 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employee of Whistleblower Rights (Apr 2014)

FAR 52.204-4 – Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-9 – Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-13 – System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (Oct 2018)

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018)

(E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

(Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records

-- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __30 days___ provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __30___ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ____60______months.

(End of clause)

HSAR 3052.212-70 – Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

____3052.209-72 Organizational Conflicts of Interest.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

__X_3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

__X_3052.204-71 Contractor Employee Access.

____Alternate I

__X_3052.205-70 Advertisement, Publicizing Awards, and Releases.

____3052.209-73 Limitation on Future Contracting.

____3052.215-70 Key Personnel or Facilities.

____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

____3052.217-91 Performance. (USCG)

____3052.217-92 Inspection and Manner of Doing Work. (USCG)

____3052.217-93 Subcontracts. (USCG)

____3052.217-94 Lay Days. (USCG)

____3052.217-95 Liability and Insurance. (USCG)

____3052.217-96 Title. (USCG)

____3052.217-97 Discharge of Liens. (USCG)

____3052.217-98 Delays. (USCG)

____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

____3052.217-100 Guarantee. (USCG)

____3052.219-70 Small Business Subcontracting Plan Reporting.

____3052.219-71 DHS Mentor Protégé Program.

____3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228-92 Fair Market Value of Aircraft. (USCG)

____3052.228-93 Risk and Indemnities. (USCG)

____3052.236-70 Special Provisions for Work at Operating Airports.

__X_3052.242-72 Contracting Officer’s Technical Representative.

____3052.247-70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247-71 F.o.B. Origin Only.

____3052.247-72 F.o.B. Destination Only.