Tinian Catering RFQ Final.pdf

SEE A DDENDUM

(No Collect Call s)

M6845021QK004 25-Jun-2021

b. TELEPHONE NUM BER

760-763-1173

8. OFF ER DUE DAT E/LOCAL T IM E

12:00 AM 02 Jul 2021

5. SOLICIT ATION NUM BER 6. SOLICITAT ION ISSUE DAT E

A UTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STA NDARD FORM 1449 (REV . 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE O R PRIN T)

(SIGNAT URE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Us e Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTA NCE IS DIFFERENT A ND PUT

BELOW IS CHECKED

TELEPHONE NO.

M684509. ISSUED BY

18b. SUBMIT INVOICES TO A DDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORM AT ION CALL:

a. NAM E

KYLE M BONTI

2. CONTRACT NO. 3. AWARD/EFF ECTIVE DATE 4. ORDER NUM BER

(TYPE OR PRINT)

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

30a. SIGNA TURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISIT ION NUM BER

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:

. Y OUR 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

1 MLG EXPEDITIONARY CONTRACTING PLATOON

PO BOX 555607, BLDG 140127

CAMP PENDLETON CA 92055-5607

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 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE CLIN

SEE CLIN

SEE CLIN

SEE CLIN AA SEE CLIN

T EL: SEE CLIN F AX:

FAX:

TEL: 760-763-1166 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

722320

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. QUA NTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOM EN-OWNED SM ALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF24

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 PAY MENT

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

STANDA RD FORM 1449 (REV. 2/2012) BA CK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCA L REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUA NTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6845021QK004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,340 Each Breakfast

FFP

Breakfast shall be provided for 130 individuals over 9 days. Breakfast menu shall be IAW PWS.

FOB: Destination

PSC CD: S203

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2,340 Each Dinner

FFP

Dinner shall be provided for 130 individuals over 9 days. Dinner menus shall be IAW the Performance Work Statement.

PSC CD: S203

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-AUG-2021 TO

18-AUG-2021

N/A SEE CLIN

SEE CLIN

SEE CLIN

SEE CLIN AA SEE CLIN

SEE CLIN

0002 POP 10-AUG-2021 TO

18-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

PWS

PERFORMANCE WORK STATEMENT FOR CONTRACT MEALS SERVICES

FREEDOM BANNER

1. GENERAL: This is a non-personal services contract to provide two (2) catered meals daily (breakfast and dinner). The Government shall not exercise any supervision or control over the contract service provider performing the services and the contractor shall be responsible to the U.S. government.

1.1 Description of Services: The contractor shall provide all personnel, equipment, supplies, ingredients, transportation, supervision, and other items as necessary to perform Contract Meals Services as defined in this Performance Work Statement (PWS).

1.2 Background: Contract Meals Services for Exercise Freedom Banner; also referred to herein as “the

Government”.

1.3 Objectives: The Contractor provides the Government with Contract Meals Services.

1.4 Scope: Contract shall provide breakfast and dinner for 130 individuals.

1.5 Period of Performance (PoP): Shall be from 10 August 2021 – 18 August 2021.

1.6 General Information:

1.6.1 Operations Security (OPSEC): The Contractor shall implement and maintain an OPSEC program to prevent the disclosure of critical information or sensitive information which could jeopardize the Government’s ability to execute its mission or to adequately protect its personnel and/or equipment. If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government’s operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.6.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with (IAW) the quality requirements listed in the PWS and the Quality Assurance Surveillance Procedures (QASP).

1.6.3 Hours of Operation: The Contractor is responsible for conducting business to meet the requirements of section 2 of this PWS, Monday through Sunday. In the event of operational tempo affects the availability of the requiring activity to receive meals, the Contract Officer Representative (COR) shall contact the Contractor point of contact (POC) via phone in order to establish the adjusted delivery time. For other than firm fixed price contracts, the contractor shall not be reimbursed when the Government facility is closed. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed.

1.6.4 Place of Performance: The work to be performed under this contract shall be performed in the Camp

Tinian area or area agreed upon prior to the PoP with the Contracting Officer.

1.6.5 Access and General Protection Policy and Procedures: Contractor Shall adhere to policies or procedures required per the direction of the Contracting Officer or designated representative and based on applicable place of performance requirements.

1.6.6 Contracting Officer Representative (COR): The COR shall be identified by separate letter, The COR monitors all technical aspects of the contract and assists in contract administration. The COR is responsible to perform the following functions: ensure the Contractor performs the technical requirements of the contract; perform inspection necessary in connection with contract performance;

maintain written and oral communications with the Contractor concerning technical aspects of the contract; monitor Contractor’s performance and notifies both the Contracting Officer (KO) and Contractor of any deficiencies; coordinate delivery specifications and provide site entry for Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitation of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any terms and conditions of the resulting order. The COR, Contractor, and KO will reconcile at the end of the POP to ensure total meal count is accurate.

1.6.7 Advertisement and Social Media: The Contractor shall NOT post information to public websites or social media locations, personal or professional, that in any way discloses names, locations, hotel data, participants, discussions, pictures, etc. before, during, or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

2 SPECIFIC TASKS:

2.1 Basic Services: The Contractor shall cook, package, and prepare food for transport, and deliver food IAW the location and time identified by the COR.

2.2 Meal Specifications: Meals shall be prepared in accordance with (IAW) a rotational menu to be determined at the time of award. As part of the rotational menu, meals should include but are not limited to soups, salads, gravies, vegetables, meat, fish, poultry, puddings, gelatins, and other foods constituting a complete meal. Baked goods shall include: preparation of breads, rolls, quick breads, pies, cakes, pastries, icings, sauces, and glazes. Raw fruits and vegetables shall be thoroughly washed and disinfected prior to processing. Leftovers shall not, at any time, be utilized for future meals.

2.2.1 Menus: The Contractor shall establish a 7 day rotational menu using standards defined in this PWS.

Breakfast can be a 4 day rotational menu. Portions are based on U.S. standard recommended serving sizes, and fully comply with nutritional requirements. The rotational menus will be provided to the COR 7 days prior to the first meal service. Subsequently, the COR shall provide specific dietary restrictions, religious meal preferences etc. to the contractor prior to the first meal service. The COR reserves the right to request adjustments to the menus, based on dietary restrictions, religious preferences, etc. Requests to adjust the menus must be provided to the contractor no less than 48 hours in advance.

2.2.2 Cold Beverages: The Contractor shall provide cold beverages with each meal. All beverages must be pasteurized as applicable. Cold beverages shall include:

a. Milk

b. Juice

c. Soda

2.2.3 Breakfast: The Contractor shall prepare the directed number of hot individual whole meals IAW the approved menu provided to the COR.

2.2.4 Dinner: The Contractor shall prepare the directed number of hot individual whole meals IAW the approved menu provided to the COR.

2.2.5 Prohibited Foods: The following foods shall NOT be served in a ready‐to‐eat (RTE) form

a. Raw animal foods (such as sushi or raw‐marinated fish, raw molluscan shellfish, and steak tartare).

b. Partially cooked food (such as lightly cooked fish, rare meat, and soft‐cooked eggs).

c. Raw seed or bean sprouts

d. Ice, unless from an authorized ice plant or other authorized potable water source

e. Ruminant meat products originating from countries/areas affected with Bovine Spongiform

Encephalopathy (BSE) are prohibited from procurement and use.

2.2.6 Serving Times: The Contractor shall provide meals daily as follows for the requested number of people. All times are in Chamorro Standard Time and may vary by direction.

- Breakfast: 0600 – 0800 hours

- Dinner: 1600 – 1800 hours

2.2.7 Employees: Contractor personnel shall present a neat appearance and shall be easily recognized.

Employees shall wear contractor‐furnished uniforms and aprons when on duty. Aprons shall not be worn outside, to the latrine facilities, or on smoke breaks. Employees shall wear socks or hose as appropriate.

Open toe shoes, sandals, shoes with high platforms, spiked heels, or heels higher than two inches shall not be worn.

2.2.7.1 Hair and Hair Restraints: All personnel entering or working on food preparation or service area shall wear hairnets or caps. Facial hair must be restrained with hairnets or caps. All hair restraints shall be kept clean.

2.2.7.2 Identification Badges: All Contractor personnel must exhibit company identification badges at all times while in the AOR to clearly identify as an employee to the Contractor.

2.2.7.3 Jewelry: With the exception of wedding bands, food service personnel shall not wear jewelry including wristwatches, while preparing or handling food. The wearing of medical alert bracelets or necklaces is authorized.

2.2.7.4 Personal Hygiene: Food service personnel shall wash and dry their hands thoroughly before handling food, and wash and dry them again frequently during work. There shall be no tobacco use in food handling or storage areas.

2.2.7.5 Conduct of Employees: The Contractor shall be responsible for the performance and conduct of all personnel employed under this contract. The Contractor shall prohibit employees from performing work under this contract while under the influence of alcohol, drugs, and other incapacitation agents.

Contractor personnel shall abide by all security regulations set forth by the supported event and shall be subject to such checks as may be deemed necessary. No verbal or physical abuse will be tolerated while on duty. At the Contractor’s expense, the Contractor shall replace any individual reported to be under the influence or unruly.

2.2.7.6 Headcounts: The COR shall be responsible for ensuring that the appropriate number of meals are defined and delivered on time. The COR will contact the vendor 24 hours prior to any changes in number of meals.

All changes will be in accordance to the agreed upon meal pricing.

2.2.9 Performance Requirements: The Contractor shall furnish all supplies, equipment, facilities, and services to perform work under this contract that are not listed under Part 2 of this PWS.

2.2.9.1 Equipment Cleaning and Sanitizing: The Contractor shall clean and sanitize all equipment for storing and transporting meal to the location of performance. Equipment and food contact surfaces shall be cleaned and sanitized between uses to prevent cross‐contamination. Non‐food contact surfaces of equipment, to include door gaskets, shall be cleaned as often as necessary to eliminate accumulation of dust, dirt, grease, food particles, and other debris.

2.2.9.2 Definition of Clean and Sanitized: For the purpose of this PWS, the following definition shall be applied by the Government to measure performance. Properly cleaned equipment shall be free of dirt, grease, rust, food, food particles, scum, and foreign matter. Properly sanitized food contact surfaces have been treated using either heat or sanitizing chemicals (chemical test strips shall be available and used), which reduces bacterial count to a safe level without leaving toxic residue.

2.2.9.3 Food Preparation: The contractor is responsible for preventing all foodborne illness by properly storing and preparing food in accordance with NAVMED P‐5010 chapter 1 Food Safety. This includes, but not limited to; storage of bulk foods, refrigerated food, perishables, etc. The contractor shall prepare foods on surfaces that are clean and sanitized. All meats and poultry shall be cooked and prepared at the proper temperatures ensuring the food is thoroughly cooked.

2.2.9.4 Food Safety: All food items per meal period are to be cooked, served, and maintained per appropriate food temperatures in accordance with NAVMED P‐5010.

2.2.9.5 The Contractor shall be held responsible for all subsistence delivered to the facility. All conveyances will be locked or sealed and secured while in storage or at rest. All items shall be placed in proper storage (refrigerated vs. dry storage) or use areas upon receipt. Containers and bulk food shall be stored a minimum of 15 cm above the floor on dunnage racks or shelves. Food shall not be stored in the same area(s) as non‐food items: e.g., chemicals, cleaning products, and insecticides. Items shall not be stored under exposed or unprotected sprinkler heads.

2.2.9.6 The Contractor shall provide all tableware and napkins (Eating, drinking, and serving utensils for use such as disposable flatware including, forks, knives, and spoons; including serving dishes and food containers).

Also condiments in individual serving packets or plastic bottles (i.e., mustard, ketchup, relish, hot sauce, salad dressings, etc.) These are to complement the meals.

2.2.9.7 Housekeeping Services: Clean and maintain an organized appearance in the performance area that immediately affects customer service to include the serving area.

3 APPLICABLE PUBLICATIONS

3.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

3.1.1 DOD Commercial Use of Imagery Guidelines

3.1.2 DOD 5220.22‐M, National Industrial Security Program Operating Manual

3.1.3 Defense Federal Acquisition Regulation Supplement (DFARS)

3.1.4 Joint Travel Regulations (JTR)

3.1.5 DOD 8570.01, Information Assurance Training Certification and Workforce Management

3.1.6 DOD 8570.01‐M, Information Assurance Workforce Improvement Program

3.1.7 DODI 3020.41, Contractor Personnel Authorized to Accompany the U.S. Armed Forces

3.1.8 DODI 2000.16, DoD Antiterrorism (AT) Program

3.1.9 AR 40‐657 Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service

3.1.10 NAVMED P‐5010 Manual of the Naval Preventative Medicine

ECMRA: Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data field using the SCR section of the System for Award Management (SAM) at following web address: http://sam.gov/SAM/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors mat direct questions to the help desk, linked at https://sam.gov/SAM/

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

AUG 2019

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-4 Inspection Of Services--Fixed Price AUG 1996 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

MAY 2016

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

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JAN 2021

52.212-1 ADDENDUM

ADDENDUM TO 52.212-1

1. SUBMISSION OF QUOTATIONS: Quotations must be received no later than the date and time specified in block #8, page #1 – Pacific Daylight Time (PDT). Proposal shall be submitted via email. Please respond to Sgt Kyle Bonti, kyle.bonti@usmc.mil directly with quotation.

2. QUESTIONS: Questions shall be submitted by email no later than 2 days after issuance of the solicitation to the email address listed below. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. All questions will be reviewed and responded to by an amendment to the solicitation. Email questions to Sgt Kyle Bonti at kyle.bonti@usmc.mil.

3. PERIOD OF ACCEPTANCE OF OFFERORS: The pricing terms and conditions of the proposal shall be valid for 90 days unless a longer time is stated otherwise in the quote.

SAM. Offerors must be registered in the System for Award Management (SAM) database. Information in SAM should be current, if not – completion of the attached FAR Provision 52.212-3, Certifications and Representations is required with quotation. Information on registering in SAM may be obtained from www.sam.gov or calling 866- 606-8220. Registration in SAM is free.

WIDE-AREA WORKFLOW – RECEIPT AND ACCEPTANCE. As a condition of receipt of any resulting order, the Contractor agrees to implement the Department of Defense (DOD) web-based application. Information on registering in WAWF/iRAPT may be obtained from https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml or calling 866-618-5988. Registration in WAWF/iRAPT is free.

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

(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 telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

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:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price; and

(iii) delivery.

Technical and delivery, when combined, are less important than price.

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

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

(End of provision)

52.212-2 ADDENDUM

Regional Contracting Office, Camp Pendleton, CA, is issuing Request For Quotation (RFQ) to procure Catering Service. This procurement is conducted in accordance with FAR Part 12 (Acquisition of Commercial Items) utilizing FAR Part 13 (Simplified Acquisition Procedures).

Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, effective March 10, 2021 and DFARS Change Notice (DCN) 20210520, effective May 20, 2021.

BASIS FOR AWARD. Award will be made on the capability of the quoter to meet or exceed the specifications and pricing determined to be fair and reasonable. The resulting award will be a Firm-Fixed Priced purchase order, all or none, to provide Catering Services.

EVALUATION. The Government intends to make a single Firm Fixed Price award to satisfy this requirement.

Award will be made on the initial evaluation of quotes received in response to this RFQ. Therefore, quoters are cautioned to ensure that initial quotes contain your best terms from a technical and price standpoint. The following factors will be used to evaluate quotes:

1. TECHNICAL: Minimum specifications:

Contractor shall cook, package, and prepare food for transport, and deliver food IAW the location and time identified by the COR. Contractor shall provide breakfast and dinner for 130 individuals over 18 days:

Meal Specifications: Meals shall be prepared in accordance with (IAW) a rotational menu to be determined at the time of award. As part of the rotational menu, meals should include but are not limited to soups, salads, gravies, vegetables, meat, fish, poultry, puddings, gelatins, and other foods constituting a complete meal. Baked goods shall include: preparation of breads, rolls, quick breads, pies, cakes, pastries, icings, sauces, and glazes. Raw fruits and vegetables shall be thoroughly washed and disinfected prior to processing. Leftovers shall not, at any time, be utilized for future meals.

Menus: The Contractor shall establish a 7 day rotational menu using standards defined in this Performance Work Statement (PWS). Breakfast can be a 4 day rotational menu. The rotational menus will be provided to the COR 7 days prior to the first meal service. Subsequently, the COR shall provide specific dietary restrictions, religious meal preferences etc. to the contractor prior to the first meal service. The COR reserves the right to request adjustments to the menus, based on dietary restrictions, religious preferences, etc. Requests to adjust the menus must be provided to the contractor no less than 48 hours in advance.

Cold Beverages: The Contractor shall provide cold beverages with each meal. All beverages must be pasteurized as applicable. Cold beverages shall include:

d. Milk

e. Juice

f. Soda

Breakfast: The Contractor shall prepare the directed number of hot individual whole meals IAW the approved menu provided to the COR

Dinner: The Contractor shall prepare the directed number of hot individual whole meals IAW the approved menu provided to the COR.

Prohibited Foods: The following foods shall NOT be served in a ready‐to‐eat (RTE) form

f. Raw animal foods (such as sushi or raw‐marinated fish, raw molluscan shellfish, and steak tartare).

g. Partially cooked food (such as lightly cooked fish, rare meat, and soft‐cooked eggs).

h. Raw seed or bean sprouts

i. Ice, unless from an authorized ice plant or other authorized potable water source

j. Ruminant meat products originating from countries/areas affected with Bovine Spongiform

Encephalopathy (BSE) are prohibited from procurement and use.

Serving Times: The Contractor shall provide meals daily as follows for the requested number of people. All times are in Chamorro Standard Time and may vary by direction.

- Breakfast: 0600 – 0800 hours

- Dinner: 1600 – 1800 hours

Rating will be in accordance with: RATING

DESCRIPTION

ACCEPTABLE Quotation meets the requirements of the solicitation.

UNACCEPTABLE Quotation does not meet the requirements of the solicitation.

(Sufficient information shall be provided to support capability to meet the required brand name products and services requested, to include but not limited to, product literature, product number, authorized service provider letter, etc…)

2. PERIOD OF PERFORMANCE:

Base: 10 August 2021 through 18 August 2021

3. PRICE: All quotes must be the Contractor’s Best Pricing. Price analysis shall be used to verify that the overall price offered is fair and reasonable. The Offeror shall input the unit price and total in all the line items present in the SF1449. The total evaluated price is calculated using the prices proposed for all line items.

4. EVALUATION PROCESS: The evaluation will proceed as follows:

Step 1 – The Contracting Officer will review offers to determine if each offeror has submitted a responsive quote. To be responsive, quoters must submit all the documentation identified above, by the RFQ close date/time shown in block 8 of the SF1449. A quote may be eliminated from the competition without further consideration if it does not meet the responsiveness requirements.

Step 2 – Quotes that have been determined responsive will then be evaluated and receive a rating of

Acceptable or Unacceptable based on the technical acceptability criteria above. Offerors must receive an “Acceptable” rating on each technical element to be determined technically “Acceptable”.

Step 3 – Remaining technically acceptable quotes will be ranked in in order from lowest to highest based on submitted CLIN prices. All CLIN prices will be evaluated and determined to be fair and reasonable using one or more of the techniques set forth in FAR 15.404-1(b)(2). The assessment of price will consider the overall quoted price. Quotes containing only partial pricing will not be evaluated.

Step 4 – The three lowest price, technically acceptable quotes will be reviewed for delivery acceptability in accordance with terms specified above. Those Offerrors that do not quote delivery or period of performance as requested will not be evaluated.

Step 5 – If the three lowest price, technically acceptable quotes are judged to have an “acceptable” delivery, those quotes represent the best value for the government and the evaluation process stops at this point. Award shall be made to the lowest quoter without further consideration of any other quotes.

If the Government cannot assess acceptable delivery among the initial three lowest price, technically acceptable quotes, it may (at the Contracting Officer’s discretion) conduct an assessment on the next higher priced quotes until one or more selections can be made.

The Government reserves the right to award no contract, depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the Offerors will be advised that their initial quote should contain the most favorable terms and reflect it’s best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(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 2020) (Section 889(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 and 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: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (5) [Reserved]

___ (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).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (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 (JUN 2020) (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 (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

____ (36) 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.)

____ (37)(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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (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.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(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.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 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).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(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: (Contracting Officer check as appropriate.)

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(3) 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).

_____ (4) 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).

_____ (5) 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).

_____ (6) 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).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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.