Solicitation HDEC05-22-Q-0007 Great Lakes (SNO).pdf

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Attached to
Snow Removal Services Federal contract opportunity
Solicitation number
HDEC0522Q0007
Issued by
Department of Defense

About this file

This is a solicitation for snow removal services at the Great Lakes Commissary in Illinois. The solicitation seeks quotes for snow and ice removal and salt treatment for approximately 144,600 square feet of parking lots, sidewalks, and roadways at the commissary location from January 2022 through December 2027, including four one-year option periods extending to December 2031. Quotes are due by January 10, 2022 and the award will be made as a 100% small business set-aside to contractors registered in the System for Award Management under NAICS code 561790. The solicitation provides details on work schedules, personnel requirements, vehicle and equipment needs, and invoicing procedures. The statement of work outlines the contractor's responsibilities for notification, compliance with environmental regulations, and availability of utilities at the job site.

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SEE ADDENDUM

(No Collect Calls)

HDEC0522Q0007 21-Dec-2021

b. TELEPHONE NUMBER

804-734-8000 EXT 86530

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 10 Jan 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HDEC059. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAVID M. SHINGLETON JR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQCCAG 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

GREAT LAKES COMMISSARY

CHRISTINE J DAVINICH

2630 GREENBAY ROAD BLDG 3451

GREAT LAKES IL 60088-5129

TEL: 847-688-2644 FAX: 847-688-2524

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561790

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Great Lakes Snow Removal

FFP

INFO CLIN:

Non-personal services in accordance with the Statement of Work.

Great Lakes Commissary 2630 Greenbay Rd. BLDG. 3451 Great Lakes, IL 60088

POC: Christine Davinich, (847) 688-2644 ext 3001 EMAIL: christine.davinich@deca.mil

Rear receiving area lot 6,000 square feet, a side parking lot for employees 32,500 square feet, side walk area on side of store 3,000 square feet, front access road 3,000 square feet, truck rear access road 4,000 square feet, street in front of store 9,375 square feet, customer sidewalk in front of store 16,225 square feet, store front customer parking lot 10,500 square feet and an additional 60,000 square feet of store front parking area that includes Click2Go service parking.

Base Year: January 16, 2022 through December 31, 2022

NET AMT

0001AA

Snow Removal - 1" or more of snow

FFP

Contractor to preform snow removal as neccessary when there is 1" or more inches of snow, prior to store opening at 7:00 a.m. Tuesday - Sunday, and any other time deemed neccessary by the store director on an on call basis.

A. Hourly Charge:

$____________________x EST 150 hours. = $_____________(A)

B. Trip Charge:

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

FOB: Destination S218

0001AB

Salt Treatment

FFP

Contractor to perform environmental friendly salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday– Sunday, and any other time deemed necessary by the store director on an on call basis.

A. Salt Treatment, Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

OPTION Great Lakes Snow Removal

FFP

INFO CLIN:

Non-personal services in accordance with the Statement of Work.

Great Lakes Commissary 2630 Greenbay Rd. BLDG. 3451 Great Lakes, IL 60088

POC: Christine Davinich, (847) 688-2644 ext 3001 EMAIL: christine.davinich@deca.mil

Rear receiving area lot 6,000 square feet, a side parking lot for employees 32,500 square feet, side walk area on side of store 3,000 square feet, front access road 3,000 square feet, truck rear access road 4,000 square feet, street in front of store 9,375 square feet, customer sidewalk in front of store 16,225 square feet, store front customer parking lot 10,500 square feet and an additional 60,000 square feet

First Option Year: January 1, 2023 through December 31, 2023

1001AA

OPTION Snow Removal - 1" or more of snow

FFP

Contractor to preform snow removal as neccessary when there is 1" or more inches of snow, prior to store opening at 7:00 a.m. Tuesday - Sunday, and any other time deemed neccessary by the store director on an on call basis.

A. Hourly Charge:

$____________________x EST 150 hours. = $_____________(A)

B. Trip Charge:

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

1001AB

OPTION Salt Treatment

FFP

Contractor to perform environmental friendly salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday– Sunday, and any other time deemed necessary by the store director on an on call basis.

A. Salt Treatment, Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

OPTION Great Lakes Snow Removal

FFP

INFO CLIN:

Non-personal services in accordance with the Statement of Work.

Great Lakes Commissary 2630 Greenbay Rd. BLDG. 3451 Great Lakes, IL 60088

POC: Christine Davinich, (847) 688-2644 ext 3001 EMAIL: christine.davinich@deca.mil

Rear receiving area lot 6,000 square feet, a side parking lot for employees 32,500 square feet, side walk area on side of store 3,000 square feet, front access road 3,000 square feet, truck rear access road 4,000 square feet, street in front of store 9,375 square feet, customer sidewalk in front of store 16,225 square feet, store front customer parking lot 10,500 square feet and an additional 60,000 square feet

Second Option Year: January 1, 2024 through December 31, 2024

2001AA

OPTION Snow Removal - 1" or more of snow

FFP

Contractor to preform snow removal as neccessary when there is 1" or more inches of snow, prior to store opening at 7:00 a.m. Tuesday - Sunday, and any other time deemed neccessary by the store director on an on call basis.

A. Hourly Charge:

$____________________x EST 150 hours. = $_____________(A)

B. Trip Charge:

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

2001AB

OPTION Salt Treatment

FFP

Contractor to perform environmental friendly salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday– Sunday, and any other time deemed necessary by the store director on an on call basis.

A. Salt Treatment, Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

OPTION Great Lakes Snow Removal

FFP

INFO CLIN:

Non-personal services in accordance with the Statement of Work.

Great Lakes Commissary 2630 Greenbay Rd. BLDG. 3451 Great Lakes, IL 60088

POC: Christine Davinich, (847) 688-2644 ext 3001 EMAIL: christine.davinich@deca.mil

Rear receiving area lot 6,000 square feet, a side parking lot for employees 32,500 square feet, side walk area on side of store 3,000 square feet, front access road 3,000 square feet, truck rear access road 4,000 square feet, street in front of store 9,375 square feet, customer sidewalk in front of store 16,225 square feet, store front customer parking lot 10,500 square feet and an additional 60,000 square feet

Third Option Year: January 1, 2025 through December 31, 2025

3001AA

OPTION Snow Removal - 1" or more of snow

FFP

Contractor to preform snow removal as neccessary when there is 1" or more inches of snow, prior to store opening at 7:00 a.m. Tuesday - Sunday, and any other time deemed neccessary by the store director on an on call basis.

A. Hourly Charge:

$____________________x EST 150 hours. = $_____________(A)

B. Trip Charge:

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

3001AB

OPTION Salt Treatment

FFP

Contractor to perform environmental friendly salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday– Sunday, and any other time deemed necessary by the store director on an on call basis.

A. Salt Treatment, Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

OPTION Great Lakes Snow Removal

FFP

INFO CLIN:

Non-personal services in accordance with the Statement of Work.

Great Lakes Commissary 2630 Greenbay Rd. BLDG. 3451 Great Lakes, IL 60088

POC: Christine Davinich, (847) 688-2644 ext 3001 EMAIL: christine.davinich@deca.mil

Rear receiving area lot 6,000 square feet, a side parking lot for employees 32,500 square feet, side walk area on side of store 3,000 square feet, front access road 3,000 square feet, truck rear access road 4,000 square feet, street in front of store 9,375 square feet, customer sidewalk in front of store 16,225 square feet, store front customer parking lot 10,500 square feet and an additional 60,000 square feet

Fourth Option Year: January 1, 2026 through December 31, 2026

4001AA

OPTION Snow Removal - 1" or more of snow

FFP

Contractor to preform snow removal as neccessary when there is 1" or more inches of snow, prior to store opening at 7:00 a.m. Tuesday - Sunday, and any other time deemed neccessary by the store director on an on call basis.

A. Hourly Charge:

$____________________x EST 150 hours. = $_____________(A)

B. Trip Charge:

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

4001AB

OPTION Salt Treatment

FFP

Contractor to perform environmental friendly salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday– Sunday, and any other time deemed necessary by the store director on an on call basis.

A. Salt Treatment, Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________x EST 20 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips.Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 1001 N/A N/A N/A N/A 1001AA N/A N/A N/A Government 1001AB N/A N/A N/A Government 2001 N/A N/A N/A N/A 2001AA N/A N/A N/A Government 2001AB N/A N/A N/A Government 3001 N/A N/A N/A N/A 3001AA N/A N/A N/A Government 3001AB N/A N/A N/A Government 4001 N/A N/A N/A N/A

4001AA N/A N/A N/A Government 4001AB N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 16-JAN-2022 TO

31-DEC-2022

N/A GREAT LAKES COMMISSARY

CHRISTINE J DAVINICH

2630 GREENBAY ROAD BLDG 3451

GREAT LAKES IL 60088-5129

847-688-2644

HQCCAG

0001AB POP 16-JAN-2022 TO

31-DEC-2022

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-JAN-2023 TO

31-DEC-2023

N/A GREAT LAKES COMMISSARY

CHRISTINE J DAVINICH

2630 GREENBAY ROAD BLDG 3451

GREAT LAKES IL 60088-5129

847-688-2644

1001AB POP 01-JAN-2023 TO

31-DEC-2023

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-JAN-2024 TO

31-DEC-2024

N/A GREAT LAKES COMMISSARY

CHRISTINE J DAVINICH

2630 GREENBAY ROAD BLDG 3451

GREAT LAKES IL 60088-5129

847-688-2644

2001AB POP 01-JAN-2024 TO

31-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 01-JAN-2025 TO

31-DEC-2025

N/A GREAT LAKES COMMISSARY

CHRISTINE J DAVINICH

2630 GREENBAY ROAD BLDG 3451

GREAT LAKES IL 60088-5129

847-688-2644

3001AB POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

4001 N/A N/A N/A N/A

4001AA POP 01-JAN-2026 TO

31-DEC-2026

N/A GREAT LAKES COMMISSARY

CHRISTINE J DAVINICH

2630 GREENBAY ROAD BLDG 3451

GREAT LAKES IL 60088-5129

847-688-2644

4001AB POP 16-JAN-2022 TO

31-DEC-2022

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases DEC 2021 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

SEP 2013

252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF QUOTES: Reference 52.212-1 Paragraph (b)

North American Industry Classification System (NAICS) Code applicable to this solicitation is 561790 and the Size Standard is $8.0 mil.

Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at https://www.acquisition.gov database. Your Reps and Certs must include the NAICS applicable to this solicitation and indicate your organization’s business size status.

Per 13 CFR 121.104 - If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html

Quoters shall submit an original copy of the following documents:

(1) Standard Form 1449, Solicitation/Contract/Order for Commercial items, page 1, Blocks 17a, 17b, 30a, 30b, 30c completed and signed by an authorized representative on behalf of the quoter. Discount terms, if any, in Block 12.

(2) A completed Schedule of Supplies/Services starting on page #3, to include total price (NET AMT) for the base year and all option years (CLINs 0001-4001) in addition to a unit price for each sub CLIN 0001AA-4001AB.

(3) Prospective contractors shall complete electronic annual representations and certifications at System for Award Management (SAM) website available at https://www.sam.gov and must indicate their business size for the applicable NAICS code.

(4) Submit the following information:

(a) Dun and Bradstreet (DUNS) or DUNS + 4 Number: _______________________________

(b) Contractor E-Mail Address: ___________________________________________________

(5) Provide a statement of certification that the quoter understands and satisfies the Government’s minimum requirements described in the Statement of Work and elsewhere in this solicitation, and has submitted evidence in the quote of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements in regards to snow removal services in accordance with best industry practices.

(6) Past Performance information required: Three (3) completed past performance surveys must be submitted that are most similar to the work of this solicitation that the quoter has performed in the past three years. The past performance surveys must be completed and submitted directly, from each reference, to the contracting office via email to Sharon Leonard at Sharon.Leonard@deca.mil by the closing date of the solicitation. Surveys provided directly by the quoter will not be considered.

DeCA reserves the right to consider any other past performance information available to the Government such as CPARS (formerly PPIRS) or other databases.

II. SITE VISIT: Reference 52.237-1 (April 1984)

A site visit to access the facility is highly recommended, but not mandatory. If a site visit is not conducted by the quoter, Contracting will not entertain any requests for price increases after award. A site visit may be scheduled by calling the below point of contacts at the commissary.

SITE VISIT SCHEDULING: Monday thru Friday (December 21, 2021, to December 30, 2021) POINT OF CONTACT: Christine Davinich (Store Director) (847) 688-2644 ext-3001or email:

Christine.Davinich@deca.mil

(End of Provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers using Simplified Acquisition Procedures:

Quotes will be evaluated independently, using the following factors will be used to evaluate quotes using Lowest Price Technically Acceptable (LPTA) procedures on an acceptable or unacceptable basis:

1. Technical Capability

2. Past Performance

3. Price

EVALUATION MINIMUM REQUIREMENTS:

1. Technical Capability: A quote will be evaluated as technically acceptable if it satisfies the Government’s minimum requirements described in the Statement of Work and elsewhere in this solicitation, and based on evidence in the proposal of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements.

Minimum Requirement: Receive an Acceptable rating for acknowledgement of understanding and being able to provide the service as outlined in the Statement of Work (SOW) and solicitation.

2. Past Performance: Quoters will be rated on timeliness, quality of work, and business relations on a past performance survey with seven questions. Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will uccessfully perform the required effort, or the quoter’s performance record is unknown. In evaluating past performance, the Government will use various sources of information, including, but not limited to federal, state and local government agencies, Better Business Bureaus, published media, electronic databases (PPIRS), and/or the offeror’s performance on DeCA contracts. The evaluation of past performance will consider relevant facts and circumstances. The Government will evaluate past performance as an indicator of future performance. Past performance will be evaluated as either “Acceptable” or “Unacceptable.”. If neither the business nor any key personnel have a record of relevant past performance, the Government will rate past performance neither favorably nor unfavorably. A neutral rating will be considered as “Acceptable.”

Minimum Requirement: Receive an Acceptable rating for all assessed past performance categories.

3. Price: Price will be evaluated by adding the total price for the base year to the total price for all option periods for each location. The total evaluated price must be determined fair and reasonable in order to be determined acceptable for award. The contract specialist will evaluate all quotes. Quotes will not be discussed or released to anyone not directly involved in the source selection for this acquisition.

EVALUATION METHODOLOGY:

Specifically the evaluation process shall proceed as follows: First, the quotes will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP). The lowest ranked TEP quoter’s past performance will then be evaluated and given a rating of acceptable or unacceptable. A quoter with no past performance will be rated as neutral-acceptable.

If the lowest ranked quoter’s past performance is rated as acceptable or neutral-acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more of the techniques contained in FAR sub-part 13.106-3. If the lowest ranked TEP quote is judged to have acceptable past performance and fair and reasonable pricing, the Government will complete a responsibility determination in accordance with the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

If the lowest rated quoter’s past performance is assigned an unacceptable rating, or if the price is determined not fair and reasonable, or if the quoter is found to be non-responsible, the next lowest ranked TEP quote will be evaluated.

This process will continue (in order of ascending (TEP) until a quoter is judged to have an acceptable technical rating, fair and reasonable pricing, and the quoter is deemed responsible.

The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern by performing quality services on time, with concern for the customer's satisfaction. The evaluator will use the business references provided by the quoter, and any other information available, such as the Government-wide Contract Performance Assessment Reporting System (CPARS) at www.cpars.gov . If adverse information is obtained, that was not previously communicated; the quoter will be provided an opportunity to respond.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the base requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the quote’s specified expiration time, the Government may accept and quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

I. CHANGES: [(Reference Paragraph (c)]

a. Unilateral Modifications

The Government may issue unilateral written administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address, changes to the accounting and appropriation data, or addition of funds.

b. Bilateral Modifications

Items may be added to or deleted from this contract at the option of the Government. Any replacement or additional items must be added to this contract prior to any service being performed on it. Addition and/or deletions of items will be accomplished by bilateral modification. Services performed outside the dates or scope of this contract will not be reimbursed by the Government.

II. INVOICES: [(Reference Paragraph (g)]

If, at any time during the performance of this contract, the company name changes or assets involving this service are sold to another company, the contract administration office must be notified prior to change of name or closing of sale to ensure actions required by the Federal Acquisition Regulation Part 42.12 are completed. Failure to notify this office in advance of the change may result in delay of payment.

III. PAYMENT INFORMATION: [(Reference Paragraph (i)]

a. Scheduled Service Calls:

The Contractor shall submit a monthly invoice upon completion of each service month as specified in the contract

CLIN (0001 - 4001).

b. Electronic Invoicing:

The Department of Defense has mandated the use of the electronic invoicing and receiving system called Wide Area WorkFlow (WAWF), as addressed in clause 252.232-7006.

IV. LABOR POSTERS

Clause at 52.222-41, Service Contract Labor Standards Act, as amended, is applicable to the services performed under this contract. The contractor is responsible for obtaining and posting the following publications available at https://www.dol.gov/general/topics/posters/

1. Employee Rights on Government Contracts (WHD Publication 1313)

2. Employee Rights under Fair Labor Standards Act (WHD Publication 1088)

3. Equal Employment Opportunity is the Law (OFCCP 1420)

If you are unable to obtain a copy of the applicable posters at the above web site, please contact the Contract

Administrator identified on page one of this award document.

V. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION):

Contractor’s registration with the System for Award Management (SAM) database must be active and remain current throughout the term of this contract. https://www.sam.gov

VI. ELECTRONIC DOCUMENT ACCESS (EDA):

This award document and any subsequent modifications will be posted to the Department of Defense Electronic Document Access (EDA) system. Contractors must obtain copies of all contract documents through EDA on the WAWF website at https://wawf.eb.mil under the EDA tab.

Web Based Training (WBT) for WAWF can be found at https://wawf.eb.mil/xhtml/unauth/help/help.xhtml

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (NOV 2021)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

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

(xi) 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.

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

(xx) 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).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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 prior to the end of the contract period.

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 at least 30 days prior to expiration of the current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (OCT 2020)

(a) Definition. Small business concern, as used in this clause--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, 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.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Laborer- Grounds Maintenance WG 3/2 $19.07 Truck Driver, Light WG 6/2 $23.99 Truck Driver, Medium WG 7/2 $25.55

52.228-4500 LIABILITY TO THIRD PERSONS (APR 1997)

The contractor shall be responsible for and hold the Government harmless from all claims on the part of persons not a party to this contract for personal injury, death, and property loss or damage caused in whole or in part by the fault or negligence of the contractor, his officers, agents, or employees in the performance of work under this contract.

52.228-4501 VEHICLE OPERATION AND INSURANCE (DEC 2001)

a. All private-owned and Contractor-owned vehicles shall be properly licensed, insured and safety inspected in accordance with applicable federal, state and local regulations. The following automotive liability coverage is required:

(1) For Contractor-owned vehicles: Bodily injury $200,000 per person, $500,000 per occurrence; property damage $20,000 per occurrence.

(2) For privately-owned vehicles: Bodily injury and property damage insurance meeting requirements of state in which vehicle is registered.

b. Vehicles licensed or registered in a state which requires a mechanical safety inspection must display a valid inspection sticker.

c. All vehicles operating at the installation are subject to the installation traffic code, copies of which are available in the office of the installation Provost Marshal.

52.228-4502 OTHER INSURANCE REQUIREMENTS (OCT 1995)

The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance and shall furnish a certificate upon request by the Contracting Officer:

(1) Workmen's Compensation: As required by law of the State of Illinois.

(2) Employer's Liability: $100,000

(1) Comprehensive General Liability: $500,000 each occurrence.

52.233-4500 INDEPENDENT REVIEW OF AGENCY PROTESTS (JAN 2020)

Offerors/bidders may submit their agency protest directly to the contracting officer or request an independent review at a level above the contracting officer. The independent review is available as an alternative to consideration of the agency protest by the contracting officer. The independent review is not an appeal of the contracting officer's decision on an agency protest.

Agency protests for consideration by the contracting officer must be submitted to the issuing office indicated on the face of the solicitation. Agency protests for consideration by a level above the contracting officer must be submitted to:

Director, Acquisition Management Defense Commissary Agency

ATTN: CCQ

1300 E Avenue

Fort Lee, Virginia 23801-1800

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020)

(a) Definitions. As used in this provision - Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela".

Business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal…

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