FAR Part 13 Synopsitation 11 July 23.pdf

Updated 28 JUNE 23

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This acquisition is reserved for small business concerns. This combined synopsis/solicitation is issued as a Request for Quotation.

The North American Industry Classification System (NAICS) code 722320 has a size standard of $9M. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04

Contract line item numbers and quantities: The Contractor shall provide all personnel, materials, supervision, and services necessary to provide the following:

PAY ATTENTION TO PROPOSAL CONTENTS (SECTION 2 BELOW…PAGE 9)

CLIN 0001

Per Breakfast Rate (includes all coordination/administrative overhead fees, etc) Item: Per attached PWS; BPA Catering, to provide (essentially the contractor is coordinating an appropriate level of meal service as requested using the list of authorized vendors which may be periodically updated) catering services on an as needed basis in support of the NC Army National Guard. The vendor shall furnish services when requested by the Contracting Officer via issuance of BPA call. POP: 1 year per award date. Pricing per meal must remain BELOW the maximum allowable rates as determined by NGB. Currently, max rates are as follows, Breakfast: $9.50 (Gov’t is exempt from federal, state and local taxes (supremacy clause))

Service and Meals must meet the minimum requirements as outlined in the PWS.

FFP

Unit Price: $___________

CLIN 0002

Per Lunch Rate (includes all coordination/administrative overhead fees, etc) Item: Per attached PWS; BPA Catering, to provide (essentially the contractor is coordinating an appropriate level of meal service as requested using the list of authorized vendors which may be periodically updated) catering services on an as needed basis in support of the NC Army National Guard. The vendor shall furnish services when requested by the Contracting Officer via issuance of BPA call. POP: 1 year per award date. Pricing per meal must remain BELOW the maximum allowable rates as determined by NGB. Currently, max rates are as follows, Breakfast: $14.50 (Gov’t is exempt from federal, state and local taxes (supremacy clause)).

Service and Meals must meet the minimum requirements as outlined in the PWS.

FFP

Unit Price: $___________

CLIN 0003

Per Dinner Rate (includes all coordination/administrative overhead fees, etc) Item: Per attached PWS; BPA Catering, to provide (essentially the contractor is coordinating an appropriate level of meal service as requested using the list of authorized vendors which may be periodically updated) catering services on an as needed basis in support of the NC Army National Guard. The vendor shall furnish services when requested by the Contracting Officer via issuance of BPA call. POP: 1 year per award date. Pricing per meal must remain BELOW the maximum allowable rates as determined by NGB. Currently, max rates are as follows, Breakfast: $14.50 (Gov’t is exempt from federal, state and local taxes (supremacy clause)).

Service and Meals must meet the minimum requirements as outlined in the PWS.

FFP

Unit Price: $___________

CLIN 0004

Delivery Fee Item: Per attached PWS associated delivery fees; currently max rate allowable is $25 per meal service delivered.

Multiple trips not allowed per meal service to the same delivery location. POP: 1 year per award date

FFP

Unit Price: _______ per meal service delivered.

APPLICABLE WAGE DETERMINATION(S):

Service Contract Act WD #: 2015-4415 REV #22, Caswell, Montgomery, Surry (NC) Service Contract Act WD #: 2015-4405 REV #22, Camden, Chowan, Pasquotank, Perquimans (NC) Service Contract Act WD #: 2015-4341 REV #22, Currituck, Gates (NC) Service Contract Act WD #: 2015-4397 REV #21, New Hanover, Pender (NC) Service Contract Act WD #: 2015-4417 REV #21, Alleghany, Ashe, Avery, Cherokee, Clay, Graham, Jackson, Macon, McDowell, Mitchell, Polk, Swain, Transylvania, Watauga, Yancey (NC) Service Contract Act WD #: 2015-4395 REV #21, Edgecombe, Nash (NC) Service Contract Act WD #: 2015-4413 REV #22, Lee, Moore, Richmond (NC) Service Contract Act WD #: 2015-4377 REV #20, Cumberland, Hoke (NC) Service Contract Act WD #: 2015-4375 REV #22, Durham, Orange, Person (NC) Service Contract Act WD #: 2015-4399 REV #20, Davidson, Davie, Forsyth, Stokes, Yadkin (NC) Service Contract Act WD #: 2015-5779 REV #22, Rutherford (NC) Service Contract Act WD #: 2015-4381 REV #20, Guilford, Randolph, Rockingham (NC) Service Contract Act WD #: 2015-4379 REV #21, Wayne (NC) Service Contract Act WD #: 2015-437 REV #19, Alamance (NC) Service Contract Act WD #: 2015-4387 REV #22, Alexander, Catawba (NC) Service Contract Act WD #: 2015-4369 REV #22, Buncombe, Haywood, Henderson, Madison (NC) Service Contract Act WD #: 2015-4401 REV #21, Beaufort, Bladen, Carteret, Columbus, Duplin, Greene, Harnett, Lenoir, Robeson, Sampson, Scotland, Wilson(NC) Service Contract Act WD #: 2015-4435 REV #20, Brunswick (NC) Service Contract Act WD #: 2015-4383 REV #21, Pitt (NC) Service Contract Act WD #: 2015-4389 REV #23, Onslow (NC) Service Contract Act WD #: 2015-4409 REV #22, Bertie, Halifax, Hertford, Northampton, Warren (NC) Service Contract Act WD #: 2015-4373 REV #22, Chatham (NC) Service Contract Act WD #: 2015-4411 REV #22, Anson, Cleveland, Stanly, Wilkes (NC) Service Contract Act WD #: 2015-4391 REV #22, Johnston (NC) Service Contract Act WD #: 2015-4393 REV #22, Franklin, Wake (NC) Service Contract Act WD #: 2015-5781 REV #20, Craven, Jones, Pamlico (NC) Service Contract Act WD #: 2015-4407 REV #22, Dare, Hyde, Martin, Tyrrell, Washington (NC) Service Contract Act WD #: 2015-4385 REV #22, Burke, Caldwell (NC) Service Contract Act WD #: 2015-4423 REV #22, Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Union

(NC)

Service Contract Act WD #: 2015-4403 REV #22, Granville, Vance (NC) Service Contract Act WD # 2015-4323 REV #25, Fort Pickett (VA)

CLAUSES INCORPORATED BY REFERENCE

52.203-13 Contractor Code of Business Ethics and Conduct (Jun 2020) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13, System for Award Management Maintenance (Oct 2018) 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-27 Prohibition on a ByteDance Covered Application.(July 2023) 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018) 52.224-1, Privacy Act Notification (Apr 1984) 52.224-2, Privacy Act (Apr 1984) 52.232-18, Availability of Funds (Apr 1984) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-15 Stop-Work Order (Aug 1989) 252.201-7000- Contracting Officer’s Representative Representative (Dec 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) 252.204-7000, Disclosure of Information (Oct 2016) 252.204-7003, Control of Government Personnel Work Product (Apr 1992) 252.204-7004, Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.204-7022, Expediting Contract Closeout (May 2021) 252.209-7004, Sub-contracting with Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019) 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sept 2014) 252.225-7048, Export-Controlled Items (Jun 2013) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (May 2022) 252.225-7974 (Class Deviation 2020-O0005), Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime (Feb 2020) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jan 2023) 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) 252.239-7098, Prohibition Against Using Fiscal Year 2021 Funds to Maintain or Establish a Computer Network Unless Designed to Block Access to Certain Websites (Deviation 2021-O0003) (Apr 2021) 252.243-7001, Pricing Of Contract Modifications (Dec 1991) 252.244-7000, Subcontracts for Commercial Items (Oct 2020)

CLAUSES INCORPORATED FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Jul 2021)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment . (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).(OVER 6M) __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note). (over 30K) __ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment . (Nov 2021) ( 31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer ) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X__ (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)). (over

SAT)

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)). (over 750K or 1.5M & when expected to offer subcontracting opportunity; N/A if 8(a)) __ (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 (Sep 2021) 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 (FEB 2023) (Deviation 2021-O0008), ( 15 U.S.C. 637s).

(over 250K or sole source under 8(a), SDVOSB, Hubzone, or WOSB)

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). (if 52.219-9 is used) __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 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 Concerns (Sep 2021) ( 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 (Sep 2021) ( 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 (Sep 2021) ( 15U.S.C. 637(a)(17)). (over 250K or sole source under 8(a), SDVOSB, Hubzone, or WOSB) _X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (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.

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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 (Jun2014) 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.

_X_ (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 (Jun2016) (E.O. 13693).

_X_ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). (SERVICES w/access to documents) __ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83). (SUPPLIES)

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ((SUPPLIES <183K and Buy America N/A)) __ (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). (SUPPLIES >183K and Buy America N/A) _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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)). (if using 52.219-9) __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67). (SERVICES) __ (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). (RECURRING

SERVICES)

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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). (SERVICES EXEMPT FROM SCA) __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(SERVICES)

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (SERVICES) __ (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. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data , regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

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

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.252-2, Clauses Incorporated by Reference -Fill-in: https://www.acquisition.gov

52.252-6, Authorized Deviations in Clauses -Fill-in: DFARS Chapter 2

252.232-7006, Wide Area Workflow (Dec 2010) Fill-in:

Invoice 2in1 / Combo

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0670

Issue By DoDAAC W91242

Admin DoDAAC** W91242

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Vendor Pay: ng.nc.ncarng.list.j8-vendor-pay@mail.mil

PROVISIONS INCORPORATED BY REFERENCE

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) mailto:ng.nc.ncarng.list.j8-vendor-pay@mail.mil

52.204-7, System for Award Management (Oct 2018) 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17, Ownership or Control of Offeror (Aug 2020) 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) 52,204-10, Predecessor of Offeror (Jun 2020) 52.204-22, Alternative Line Item Proposal (Jan 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-1, Instructions to Offerors- Commercial Items (DEVIATION 2018-O0018) (Jul 2021) 52.212-3, Offerors Representations and Certifications – Commercial Items (Dec 2022) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Jun 2020) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Sept 2022) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 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 (Mar 2022) 252.225-7974 (Class Deviation 2020-O0005), Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime (Feb 2020)

PROVISIONS INCORPORATED BY FULL TEXT:

52.212-1 Instructions to Offerors (Addendum) READ THOROUGHLY

1. PROPOSAL FORMAT

1.1. This section provides guidance to the offeror for preparing a proposal in response to the solicitation. The offeror’s proposal shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

1.2. The proposal submitted in response to the solicitation is recommended to be formatted as stated below and furnished as stated herein. All volumes shall not be password protected.

1.3. Offerors shall scan all files for computer viruses prior to submission to the Government.

1.4. Proposals may not include classified information.

2. PROPOSAL CONTENT

2.1 Contractor is highly recommended to submit the following. Failure to submit documentation may result in negative evaluation.

a. Pricing for all CLINS to mirror the unit of issue and quantity on the CLIN schedule.

b. Technical proposal addressing:

a. Proposed Plan of Execution to include at minimum:

1. Proposed meal coordination plan

2. List of any existing subcontractor relationships in the North Carolina and Fort

Pickett VA areas

3. List of POCs at contractor operation, along with the roles they will serve, and how they will stay in contact with the NCARNG COR

4. Plan for timely invoicing and subcontractor payment

5. Discuss level of familiarity with Wide Area Work Flow invoicing

6. Discuss ability to cater to late BPA Call Modifications adjusting quantities/meals

7. Discuss plan to introduce new QUALIFIED subcontractor relationships if any of the current subcontractors fail to pass re-inspection or otherwise fail to meet standards.

8. Discuss quality control plan during meal service to ensure PWS requirements are being met on a consistent basis.

c. Past Performance: Include current POC contact info. State relevance to subject scope of work. Ensure work was completed within the past 3 years. Alternate: Statements of no past performance.

2.3 Joint Ventures: Contractor must submit the following if applicable:

1) A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services. (Nov 2021)

(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. Past Performance (within 3 years)

ii. Technical Capability

iii. Price

Note: Technical and past performance, when combined, are more important than price.

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

(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 Evaluation—Commercial Items (Addendum)

Basis of Award: The Gov’t will award one or more firm-fixed priced BPAs to the responsible offeror(s) representing the best value to the gov’t, using a streamlined comparative trade-off evaluation IAW FAR 12.602 & 13.106-2 and the below, which may result in award to other than lowest priced quote. It is not anticipated that the Gov’t will award more than three BPAs from this solicitation; predominately one for the Eastern, Central and Western portions of the areas to be served. However, the Gov’t may only be able to deem one or two vendors capable to perform the scope of work.

BPA Calls: Calls will not be competed after establishment of Master BPAs. Calls will be issued on a rotating basis if multiple BPAs are awarded from this solicitation. Calls will be issued to the closest geographic BPA holder as long as the Contracting Officer is confident in their ability to handle the workload based on past performance and current calls issued.

NON-CONFORMING QUOTES: Gov’t may reject any quote not conforming to the solicitation.

PRICE: Gov’t will record total evaluated prices. If more than 3 quotes are received, the Gov’t will identify a grouping of the most competitively priced quotes; remaining quotes will not be evaluated further unless later deemed necessary.

If after non-price evaluation it is deemed the apparent awardee has unrealistically low or unbalanced pricing, the Gov’t will communicate with the vendor to ensure there was not a mistake in pricing prior to award. If a mistake is claimed, it will be handled IAW FAR 14.407.

TECHNICAL: The Government will evaluate the technical proposal requested in 52.212-1, noting significant areas of either concern or value. Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS. Gov’t may deem a quote to be technically acceptable or superior if their technical solution differs from the PWS or does not meet the technical minimums, but ultimately results in a solution that will meet or exceed the intent of the Government’s needs and would involve an acceptable level of risk.

PAST PERFORMANCE: Past Performance will be reviewed and may be based on Contracting Officer’s prior knowledge/experience; customer past performance inquiry replies; FAPIIS, or any other reasonable basis. The evaluation of this factor will assess the risk of unsuccessful performance of the offeror’s proposed approach to performing efforts of a similar scope, magnitude, and complexity as the requirement described in the PWS. The Government will evaluate the offeror’s past performance to determine the likelihood that the offeror will successfully perform the required effort described in the PWS.

COMMUNICATIONS: Award may be made without any form of communications with offerors.

AWARDING WITHIN BUDGET: If deemed necessary to stay within budget, the Gov’t may reduce quantities and reach out to offerors with acceptable or better non-price proposals, requesting they revalidate or update their unit pricing. Alternatively, the Gov’t may cancel the requirement if needed.

52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/

(End of clause) https://www.acquisition.gov/

52.252.5, Authorized Deviations in Provisions (Nov 2020)

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

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

(End of clause)

FUNDING STATEMENT:

Funds are not presently available for this solicitation. No award will be made unless funds become available to make payment under an order. The government reserves the right to cancel this solicitation at any time without any obligation to the offeror by the government.