Solicitation - W912PQ26QA017.pdf

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Catering Meals 1JUN-17JUN Camp Smith Cook on site
Solicitation number
W912PQ26QA017
Issued by

About this file

This is a Standard Form 1449 solicitation/contract/order for commercial products and commercial services issued by the New York Army National Guard (NYARNG) for catered meal services.

The solicitation (W912PQ26QA017) is designated as a Women-Owned Small Business (WOSB) set-aside with 100% reserved for small business participation. The contracting activity is located in Latham, New York, with the requisition issued on April 24, 2026, and an offer due date of May 8, 2026, at 8:00 AM. The procurement encompasses six line items for catered meals across two distinct course types: alternate technical instruction (AT) and initial development training (IDT). Specifically, the requirements include 572 hot breakfast meals (Item 0001), 510 bag lunch meals (Item 0002), 572 hot dinner meals (Item 0003), 40 IDT hot breakfast meals (Item 0004), 150 IDT bag lunch meals (Item 0005), and 40 IDT hot dinner meals (Item 0006). All items are priced on a firm fixed-price basis per job/meal, with deliveries scheduled for June 1–17, 2026, to Camp Smith in Cortlandt Manor, New York. The contract incorporates applicable wage determinations (Wage Determination 2015-4187, Revision 34) and requires compliance with federal labor standards including Service Contract Labor Standards and paid sick leave requirements under Executive Order 13706. Inspection and acceptance will occur at the delivery site. Award will be made to the lowest-price technically acceptable offer that meets the Performance Work Statement requirements. All applicable FAR and DFARS clauses for commercial items, small business protections, and defense-related regulations have been incorporated.

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

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: REFERENCE 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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Created On:

24 Apr 2026, 13:08 PM Central Daylight Time

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Product Service Description: AT HOT BREAKFAST MEALS Wage Determination 2015-4187 Revision 34 dated 03 December 2025 applies Pricing Arrangement: Firm Fixed Price

572 Job

0002 Product Service Description: AT BAG LUNCH MEALS Wage Determination 2015- 4187 Revision 34 dated 03 December 2025 applies Pricing Arrangement: Firm Fixed Price

510 Job

0003 Product Service Description: AT HOT DINNER MEALS Wage Determination 2015- 4187 Revision 34 dated 03 December 2025 applies Pricing Arrangement: Firm Fixed Price

572 Job

0004 Product Service Description: IDT HOT BREAKFAST MEALS Wage Determination 2015-4187 Revision 34 dated 03 December 2025 applies Pricing Arrangement: Firm Fixed Price

40 Job

0005 Product Service Description: IDT BAG LUNCH MEALS Wage Determination 2015- 4187 Revision 34 dated 03 December 2025 applies Pricing Arrangement: Firm Fixed Price

150 Job

0006 40 Job

W912PQ26QA017

Product Service Description: IDT HOT DINNER MEALS Wage Determination 2015- 4187 Revision 34 dated 03 December 2025 applies Pricing Arrangement: Firm Fixed Price

Continuation of Description

Requirements Catered meals needed ISO JUN RTI IDT MUTA 6 ; Combatives; Future Leaders Course; Medical Trainer Courses. See additional details specified in the attached feeding schedule and meal plan.

01-17 June 2026. DOCUMENT# W56R3R-6036-2001

Product Service Code : S203 North American Industry Classification System (NAICS) : 722320

Product Service Code : S203 North American Industry Classification System (NAICS) : 722320

Product Service Code : S203 North American Industry Classification System (NAICS) : 722320

Product Service Code : S203 North American Industry Classification System (NAICS) : 722320

Product Service Code : S203 North American Industry Classification System (NAICS) : 722320

Product Service Code : S203 North American Industry Classification System (NAICS) : 722320

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will take place at delivery site, Camp Smith

CORTLANDT MANOR, NY 10567-5000

DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299

LATHAM, NY 12110-2299

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will take place at delivery site, Camp Smith

CORTLANDT MANOR, NY 10567-5000

DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299

LATHAM, NY 12110-2299

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will take place at delivery site, Camp Smith

CORTLANDT MANOR, NY 10567-5000

DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299

LATHAM, NY 12110-2299

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will take place at delivery site, Camp Smith

CORTLANDT MANOR, NY 10567-5000

DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299

LATHAM, NY 12110-2299

UNITED STATES

0005 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will take place at delivery site, Camp Smith

CORTLANDT MANOR, NY 10567-5000

DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299

LATHAM, NY 12110-2299

UNITED STATES

0006 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will take place at delivery site, Camp Smith

CORTLANDT MANOR, NY 10567-5000

DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299

LATHAM, NY 12110-2299

UNITED STATES

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Period From 01 Jun 2026 to 17 Jun 2026

572 JobQuantity

Address and POC Place of Performance DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299 LATHAM, NY 12110-2299

UNITED STATES

Period of Performance From 01 Jun 2026 To 17 Jun 2026

0002 Delivery Schedule Delivery Period From 01 Jun 2026 to 17 Jun 2026

510 JobQuantity

Address and POC Place of Performance DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299 LATHAM, NY 12110-2299

UNITED STATES

Period of Performance

From 01 Jun 2026 To 17 Jun 2026

0003 Delivery Schedule Delivery Period From 01 Jun 2026 to 17 Jun 2026

572 JobQuantity

Address and POC Place of Performance DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299 LATHAM, NY 12110-2299

UNITED STATES

Period of Performance From 01 Jun 2026 To 17 Jun 2026

0004 Delivery Schedule Delivery Period From 01 Jun 2026 to 17 Jun 2026

40 JobQuantity

Address and POC Place of Performance DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299 LATHAM, NY 12110-2299

UNITED STATES

Period of Performance From 01 Jun 2026 To 17 Jun 2026

0005 Delivery Schedule Delivery Period From 01 Jun 2026 to 17 Jun 2026

150 JobQuantity

Address and POC Place of Performance DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299 LATHAM, NY 12110-2299

UNITED STATES

Period of Performance From 01 Jun 2026 To 17 Jun 2026

0006 Delivery Schedule Delivery Period From 01 Jun 2026 to 17 Jun 2026

40 JobQuantity

Address and POC Place of Performance DoDAAC: W56PPG CountryCode: USA

W8BN NYARNG ELEMENT, JF HQ

330A OLD NISKAYUNA ROAD, LATHAM NY 12110-2299 LATHAM, NY 12110-2299

UNITED STATES

Period of Performance From 01 Jun 2026 To 17 Jun 2026

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.229-12 Tax on Certain Foreign Procurements.

2021-02

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

2024-05

Reporting.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.222-42 Statement of Equivalent Rates for Federal Hires.

2014-05

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 (End of clause)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2in1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0670 Issue By DoDAAC W912PQ Admin DoDAAC W912PQ Inspect By DoDAAC W56PPG Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W56PPG Service Acceptor (DoDAAC) W56PPG Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.225-7048 Export-Controlled Items. 2013-06

252.237-7010 Prohibition on Interrogation of 2023-01

Detainees by Contractor Personnel.

List of Contract Documents, Exhibits, or Attachments

*** END OF NARRATIVE ***

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 Z6 PR# 123

96816-106

RTI CSTS

P WS- 01-

17 JUN

2026 I DT-

AT

Performance Work Statement

Apr

Attachment No

0002 Z6 PR# 123

96816 -106 RTI Feedi ng Schedul e 001-17 J

UN 2026 ID

T-AT (1of2 )

Specification Feeding Schedule

Apr

Attachment No

0003 Z6 PR# 123

96816 -106 RTI Feedi ng Schedul e 001-17 J

UN 2026 ID

T-AT (2of2 )

Specification Feeding Schedule

Apr

Attachment No

0004 NYARNG

Cat ering 21 D ay Menu_Up dated 2 MA Y 2023

Specification 24 Apr

Attachment No

0005 Wage Deter mination W estchester

Wage Determination 24 Apr

Attachment No

Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

2023-06

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7017 Prohibition on the Acquisition of 2021-05

Covered Defense Telecommunications Equipment or Services-Representation.

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

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

Point of Contact: SFC ANDREW RODRIGUEZ 646-373-4262

Point of Contact: SFC ANDREW RODRIGUEZ 646-373-4262

Point of Contact: SFC ANDREW RODRIGUEZ 646-373-4262

Point of Contact: SFC ANDREW RODRIGUEZ 646-373-4262

Point of Contact: SFC ANDREW RODRIGUEZ 646-373-4262

Point of Contact: SFC ANDREW RODRIGUEZ 646-373-4262

Evaluation - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-2 Evaluation-Commercial Products and Commercial Services.

(Deviation 2026-O0038)

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation factors. 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 will be used to evaluate offers:

[Insert evaluation factors in the relative order of importance. For requests for proposals, state:

Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]

Basis of award will be the lowest price that meets the technical requirements of the Performance Work Statement

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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.

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

2020-06

Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

Supplies or Services & Prices or Costs
Description/Specifications/Statement of Work
Inspection and Acceptance
Deliveries or Performance
Contract Clauses
Contract Clauses
List of Attachments
Instructions, Conditions, & Notices to Offerors or Quoters
Instructions, Conditions, & Notices to Offerors or Quoters
Evaluation Factors for Award
Instructions, Conditions, & Notices to Offerors or Quoters
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KO FOR NYARNG DO NOT DELETE, MNPF PC 330 OLD NISKAYUNA ROAD

LATHAM, NY 12110-2224

UNITED STATES

CODY ANNA, EMAIL: CODY.M.ANNA.CIV@ARMY.MIL TELEPHONE: 5187864689

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