W50S7422R0007 CATERING SOLICITATION.pdf

SEE ADDENDUM

(No Collect Calls)

W50S7422R0007 04-Jun-2022

b. TELEPHONE NUMBER

951-655-5461

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Jun 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.

W50S749. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CRYSTAL ROSSMAN

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

USPFO CA 163 MSC

1620 GRAEBER ST. SUITE 29

MARCH ARB CA 92518

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 F7S3E1 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

163 RW - MARCH ARB

DAN BAROSSO

163 CIVIL ENGINEERING

5237 AIR GUARD WAY

MARCH ARB CA 92518

TEL: 951-655-5456 FAX: 951-655-2419

FAX:

TEL: 951-655-5461 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

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. 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 OF54

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.

W50S7422R0007

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

I. DESCRIPTION OF SERVICES

1. Scope of Work. The contractor shall purchase food, prepare and cook all meals off base and transport to March ARB, 163d RTS and serve the meal. Provide equipment necessary for serving the meal. The contractor shall provide a menu for approval that includes at a minimum, two meats, vegetables, salad bar with dressings, drinks for breakfast (milk, orange juice and coffee), lunch and dinner (milk, soda and unsweetened tea), fruits and dessert. Provide divided plates (10 ½ in), cups (12 oz), forks, spoons & knives. The contractor shall handle food supplies, equipment, quality control and clean serving area after every meal. The contractor shall provide insurance for all its employees. The contractor shall provide meals with a minimum of 48 hours notice.

2. Program Overview. The 163d Regional Training Site (RTS) operation consists of providing field feeding for military/civilian members deployed to the RTS for training or military/civilian members supporting a contingency operation. The contractor shall provide everything necessary to provide an on site meal.

2.a. Customer Eligibility. The primary customers at the RTS are deployed members.

There are military personnel who are allotted rations in government dining facilities at the expense of the government. Secondary customers are military/civilian personnel who wish to and are granted permission to dine at the RTS. The contractor is responsible to verify customer eligibility using the AF Form 79 provided by the government. The contractor shall ensure only authorized individuals are served.

3. Operational Requirements and Specific Tasks

3.a. Menu Boards. Post a menu at the entrance to the RTS serving area before the start of each meal.

3.b. Subsistence and Material Handling. The Contractor shall manage all subsistence and material handling.

3.c. Food Preparation. The contractor shall cook all meals off base and transport them to the 163d RTS for serving. The contractor shall use proper food handling and transporting procedures IAW FDA Food Code 2005.

3.d. Service of Food. The contractor shall provide and serve meals in conjunction with the RTS training schedule. The contractor will perform standard cross planning procedures and maintain proper temperature on serving lines. The contractor shall set up and close down the serving line. The contractor shall provide all serving materials.

3.e. Table Cleaning Service. Clear, clean and sanitize dining tables, chairs, or benches at a rate sufficient to ensure availability to customers. The contractor must provide cleaning and disinfecting supplies.

3.f. Serving meals. All meals will be served in the field under field conditions.

3.g. Food Service Accounting. Contractor shall use the government issued AF Form 79 to account for all members served.

3.h Cash. No cash will be exchanged with the contractor. Any paying customers will pay directly to their Units.

3.i. Sanitation Requirements. The contractor shall comply with all federal and Air Force mandated sanitation requirements. IAW AFI 48-116 Food Safety Program, all chapters.

3.j. Housekeeping Services The contractor shall cleanup after themselves.

3.k. Facility Turn Over. The Contractor and the 163d POC will inspect the serving area after every meal.

4. Waste Management. Place all trash bags in the dumpster.

5. Grounds Maintenance: The contractor shall clean around the serving area used at the RTS:

5.a. Clean around the serving area after meals. Maintain a neat and clean facility appearance at all times. Cleaning includes removing all paper, trash, and contractor supplies and equipment from the area.

5.b. Serving area must be kept clear for easy access.

6. Services Liaison Duties: Provide personnel to validate meal authorization.

6.a The contractor will be given an AF Form 79 with all the names of members authorized to eat.

6.b The contractor will verify all meals are ready and available for each meal on the RTS schedule.

6.c The contractor will inspect the serving area after every meal.

7. Contractor Personnel.

7.a. Point of contact. The contractor shall identify a POC who is responsible for the performance of the work at each meal. The POC shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The POC should be available at all times to meet with the 163d RTS POC to discuss problem areas. After every meal the POC shall be available to discuss any issues. At a minimum, the POC should be Serve Safe qualified.

Additionally, the POC must be able to read, write, speak, and understand English.

8. Conduct. The contractor and contract employees shall use professional language at all times while on base. Upon completion of the meal, all contract members must depart the base.

9. Hours of Operation

9.a. Normal. To be determined by the training schedule.

9.b. Holidays. Some holiday support may be requested.

10. Quality Control Program.

10.a. Quality Assurance (QA). The 163d will develop and maintain a QA program ensuring the Governments interests are protected.

10.a.1 The 163d POC will maintain adequate records of all deficiencies. The QA records will indicate the nature and number of observations made, the number and type of deficiencies found, and the nature of corrective action taken as appropriate.

10.a.2 The QA function will ensure that timely and effective corrective action is obtained for all deficiencies identified by the 163d RTS POC. All deficiency responses shall include identification of the cause of the deficiency to preclude recurrence and an analysis of the quality program's effectiveness in the area of the deficiency.

10.a.3. All deficiencies identified by visiting teams shall be reported to the 163 QA representative at (951)655-3871.

II. SERVICE DELIVERY SUMMARY

1. The 163rd POC will have the option to add, update, or cancel any request within 24 hours without any penalties.

2. The 163rd POC will notify contractor of schedule changes.

III. CONTRACTOR FURNISHED EQUIPMENT The contractor shall provide all the equipment, cooking, food supplies, serving materials for the food preparation, transport and serving line. There will be no contractor equipment or supplies left on base after each meal has been served. If more than one meal is to be served, items may be left between meals with the prior written approval of the 163rd POC.

IV. GENERAL INFORMATION

1. Contractor Personnel Meals. Contractors will eat prior to arriving at the 163rd RTS.

1.a. Contractor employees are not authorized government meals.

2. Training. The contractor shall provide necessary training to employees and maintain records of all training and have them available for government review. This training can be in certificate form or sign-in roster and tracker on a spread sheet per employee.

3. Security Requirements. All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the government installation, shall abide by all security regulations of the installation.

3.a. The contractor shall submit an entry authorization list for all contract employees at least 24 hours prior to required entry.

3.b. No computer access available.

3.c. Funds Protection. No cash exchanged.

4. SAFETY STANDARDS: The Contractor shall comply with the “Occupational Safety and Health Administration (OSHA)” standards as contained in OSHA 29 CFR 1910 and 29 CFR 1926, as well as all federal, state, and local regulations governing safety standards during performance of all work under the terms of this contract.

4.a.. If the Project Officer or 163rd RTS POC representative becomes aware of noncompliance with safety standards, which may cause injury to Air Force personnel, property, or equipment, he/she must inform the contractor. The contractor will take immediate steps to correct /abate the situation.

4.b. While operating motor vehicles on a government installation, strict adherence to vehicle safety shall be enforced. Common offenses include, but are not limited to, parking vehicles improperly, failure to wear seatbelts, excessive speed, and failure to yield to pedestrian.

Violations are subject to fines and/or suspension from driving on base.

4.c. Cellular Phone USE: Vehicle operators on March ARB shall not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. This is a Department of Defense Policy and is in accordance with 32 CFR 634.

5. Contractor Furnished Items and Services. The contractor shall furnish everything required to perform this contract, to include:

5.a. Uniform Requirement. The uniform will consist of matching or color coordinated hats, shirt, slack, and steel toe shoes and remain clean and serviceable. The contracting officer will approve the types and colors of uniforms as well as the standards of dress.

5.a.1. The Contractor will provide all protective equipment to include food service gloves, hair nets, beard nets.

5.g. Accounting Procedures. AF Form 79 will be completed.

TECHNICAL EXHIBIT 1

Responsibility of the Person - Disease or Medical Condition – FDA Food Code 2-2, 2-201

Food Employee must report to the person in charge about information about their health and activities as they relate to diseases that are transmissible through food.

For example:

1. Jaundice

2. Salmonella

3. Shigella

4. Escherichia Coli

5. Hepatitis A virus

6. Intestinal illness

1) Diarrhea

2) Fever

3) Vomiting

4) Jaundice

5) Sore throat

7. Boil or infected wounds

8. Had an illness from:

1) S.Typhi in last three months

2) Shigella within last month

3) Escherichia Coli within last month

4) Hepatitis A virus

Exclusions and Restrictions FDA Food Code 2-201.12

The person in charge shall:

1. Exclude a food employee from working in a food establishment if the food employee is diagnosed with an infectious agent specified under 2-2011 Number above from 1 – 7.

Personal Cleanliness FDA Food Code 2-3, 2-301.11

Food employees shall keep their hands and exposed portions of their arms clean.

Fingernails 2-302.11 All food employees shall keep their fingernails trimmed, filed, cleaned, and maintained. Unless wearing gloves, food employee may not have fingernail polish on or artificial fingernails.

Uniforms Uniform will be clean and neat.

Food Contamination Prevention FDA Food Code 2-401.11

No eating drinking or using tobacco in food preparation or serving area.

FDA Food Code Employee Training 8-201.14, (C)

Food employee must address the food safety issues:

1. Critical Control points

2. Limits

3. Monitoring of foods

4. Method and frequency

5. Actions

6. Record keeping

Person in Charge FDA Food Code 2-103.11 DUTIES

1. Employees are effectively cleaning their hands.

2. Visibly observing they are receiving foods from approved sources, delivery at required temperatures, protected from contamination, and periodically evaluating foods upon receipt.

3. Employees are using proper methods to rapidly cool foods.

4. Employees are sanitizing equipment and utensils properly.

5. Inform consumers that clean tableware is to be used when they return to a self-service area.

6. Insure employees are preventing cross-contamination by properly using utensils, deli tissues, tongs, spatulas, and single use gloves.

7. Employees are properly trained in food safety as it relates to their assignments.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,107 Each

19-30 JUNE 2022 MEALS

FFP

41 members, 3 meals per day for 9 weekdays (meals are not required on the weekend) FOB: Destination

NET AMT

0002 360 Each

5-9 JULY 2022 MEALS

FFP

30 members, 3 meals per day for 4 weekdays (meals are not required on the

0003 1,305 Each

10-16 JULY 2022 MEALS

FFP

87 members, 3 meals per day for 5 weekdays (meals are not required on the

0004 642 Each

17-19 JULY 2022 MEALS

FFP

107 members, 3 meals per day for 2 weekdays (meals are not required on the

0005 693 Each

20-23 JULY 2022 MEALS

FFP

77 members, 3 meals per day for 3 weekdays (meals are not required on the

0006 900 Each

24-29 JULY 2022 MEALS

FFP

60 members, 3 meals per day for 5 weekdays (meals are not required on the

0007 360 Each

1-2 AUGUST 2022 MEALS

FFP

60 members, 3 meals per day for 2 weekdays (meals are not required on the

0008 360 Each

3-6 AUGUST 2022 MEALS

FFP

40 members, 3 meals per day for 3 weekdays (meals are not required on the

0009 1,107 Each

21 AUGUST - 3 SEPTEMBER 2022 MEALS

FFP

31 members, 3 meals per day for 10 weekdays (meals are not required on the

0010 1 Job

OVERHEAD

FFP

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 Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government

0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 19-JUN-2022 TO

30-JUN-2022

N/A 163 RW - MARCH ARB

DAN BAROSSO

163 CIVIL ENGINEERING

5237 AIR GUARD WAY

MARCH ARB CA 92518

951-655-5456

F7S3E1

0002 POP 05-JUL-2022 TO

09-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 10-JUL-2022 TO

16-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 17-JUL-2022 TO

19-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 20-JUL-2022 TO

23-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 24-JUL-2022 TO

29-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-AUG-2022 TO

02-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 03-AUG-2022 TO

06-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 21-AUG-2022 TO

03-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0010 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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

JAN 2017

52.204-6 Unique Entity Identifier OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 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

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

MAY 2022

52.212-5 Alt I (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021) Alternate I

FEB 2000

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-6 Place of Performance OCT 1997 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

OCT 2020

52.219-31 Notice of Small Business Reserve MAR 2020 52.219-32 Orders Issued Directly Under Small Business Reserves MAR 2020 52.219-33 (Dev) Nonmanufacturer Rule (DEVIATION 2020-O0008) SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons DEC 2021 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer Products

OCT 2015

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 52.237-3 Continuity Of Services JAN 1991 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 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 252.204-7006 Billing Instructions OCT 2005 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

252.204-7016 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

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.204-7022 Expediting Contract Closeout MAY 2021 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7014 Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets.

JUN 2018

252.215-7015 Program Should-Cost Review NOV 2019 252.215-7998 (Dev) Pilot Program to Accelerate Contracting and Pricing

Processes (DEVIATION 2020-O0020)

AUG 2020

252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

SEP 2021

252.225-7053 Representation Regarding Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation

AUG 2021

252.225-7054 Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation

AUG 2021

252.225-7970 (Dev) Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation. (DEVIATION 2020-O0018)

MAY 2020

252.225-7971 (Dev) Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation - Representation. (DEVIATION 2020- O0018)

MAY 2020

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.225-7979 (Dev) Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations

(DEVIATION 2018-O0008)

DEC 2017

252.229-7999 (Dev) Foreign Contracts in Afghanistan (Deviation) JUL 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7015 Performance-Based Payments--Representation APR 2020 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 722320.

(2) The small business size standard is $8,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

CONTRACTOR’S SIGNATURE: _________________________________

DATE: ___________________________

(End of provision)

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)

CONTRACTOR’S SIGNATURE: _________________________________

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).

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation…