W912JD23Q0002 - 185th Meals.docx

W912JD23Q0012

Section SF 1449 - CONTINUATION SHEET

52.212-1 INSTRUCTIONS

The USPFO for Maine hereby issues a Request for Quote (RFQ) under W912JD-23-Q-0012 in support of the Maine Army National Guard (MEARNG), 185th Engineer Support Company, Presque Isle, Maine.

1 Introduction: This requirement is being competed in accordance with Federal Acquisition Regulation (FAR) Parts 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures, as authorized by FAR subpart 13.5. – Simplified Procedures for Certain Commercial Items.

2. This acquisition is solicited as full and open, unrestricted competition with no small business set-aside. The North American Industry Classification System (NAICS) Code –722320 – Caterers.

3 Period of Performance (PoP):. June 3, 2023 through June 9, 2023, with a lunch meal on June 15, and June 16, 2023.

4. In accordance with FAR 13 Simplified Acquisition Procedures, the Government will award a purchase order from the solicitation to the responsible quoter on a comparative basis whose quote conforms to the solicitation and represent the best overall value to the Government.

5. SAM Registration: Completion of the required FAR 52.212-3, Offeror Representations and Certifications – Commercial Items is required. When you complete your SAM registration, the link to complete your Representations and Certifications is also available. Offeror must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered vendor. Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/portal/public/SAM/

6. Amendments: Amendments to this solicitation will be posted at https://sam.gov/content/opportunities Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on Contracting Opportunities, quoters will be notified by email of any new amendments that have been issued. Potential Quoter’s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable.

7. Wage Determinations - Service Contract Labor Standards (SCLS) are applicable to this acquisition. Offeror shall use the attached Wage Determination WDs: 2015-4007 (Rev. 22) dated 12/27/2022 for the State of Maine, Aroostook County.

7.1.All Quotes submitted in response to this solicitation shall reflect the use of current, updated fringe benefit rates. The Offeror’s wage rate shall comply with the Department of Labor (DOL) wage rate minimum requirements for the labor category and Wage Determination provided.

8. Submission of Quote: Offeror shall submit 1 copy of the following:

Factor II - Price-Information – SF 1449 – schedule (pricing information) for all contract line items. (Request for Quote). (SF 1449) Solicitation, Offer and Award Documents)

9 Cover letter: Provide an induction page to include Cage Code, DUNS Number, and Tax Identification Number (TIN). Also include your business socioeconomic status, e.g. small business, women-owned, HUBZone, etc.

9.1 FACTOR 1 – Technical Capability: Quoter shall provide that they hold current American National Standard Institute (ANSI) Conference for Food Protection and a Maine state food license issued by the Maine Department of Agriculture.

9.2. Evaluation of Technical Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that the quotation is either Acceptable or Unacceptable. Failure to clearly and unambiguously demonstrate the minimum specifications outlined in the PWS will result in an unacceptable technical rating.

9.3. FACTOR II – Price: Price shall be evaluated for fairness and reasonableness. Quoters shall submit a signed SF 1449 (blocks 30 a, b, and c), signed amendments(s) or acknowledge of amendment *completed SCHEDULE OF SERVICE/PRODUCTS (S) in the proposed unit and extended price in all contract line items numbers (CLINs).

9.4. FACTOR III – Past Performance: Contracting will utilize past performance inquiries consistent with CPARS, FPDS, FAPIIS and Previous Awards, and Determination of Responsibility documentation.

10. Submittal of Solicitation Questions: Questions concerning this RFQ or requests for clarification shall be made in writing via email to the Contracting Officer, Darlene Howes at darlene.r.howes.civ@army.mil.The due date for questions will be 3:00 PM EDT on Tuesday, May 2, 2023. As soon as an Offeror is aware of any problems or ambiguities in interpreting the specifications, terms/conditions, instructions or evaluation criteria of this RFQ, the Offeror should promptly notify the Contracting Officer. When submitting questions and comments, please refer to the specific text of the RFQ in the following format:

Subject: 185th Engineer Support Company - RFQ No. W912JD-23-Q-0012

10.1 Completed Clause 52.212-3 and Alt I, “Offeror Representations and Certifications—Commercial Items” as noted. Completed copy of the Representations and Certifications at FAR 52.212-3 The quote shall complete only paragraphs (b) of this provision if the quoter has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the quoter has not completed the annual representations electronically, the quoter shall complete only paragraphs (c) through (u)) of this provision.

11 Quote Submission – Quote submission is via email to; darlene.r.howes.civ@army.mil and in the Subject Line: 185th Engineer Support Company- Catered Meals - RFQ No. W912JD-22-Q-0012 Note: that email filters at the Department of the Army are designed to filter e-mails without subject lines or with suspicious subject lines; therefore, if the information above is not included, the e-mail may not get through the e-mail filters. Also, be advised that .zip or .exe files are not allowable attachments and may be deleted by the e-mail filters. The due date for quote will be 3:00 PM EDT on Thursday, May 4, 2023.

12.The Government is not obligated to provide responses to all questions submitted by Offerors, but will consider the responses, consolidate them, and submit responses onto https://sam.gov. All information relating to this RFQ, including changes/amendments and information prior to the date set for receipt of quotes will be posted on the https://sam.gov/content/opportunities

13 The Government intends to evaluate quotes and award a contract without further communicating with the Offerors. The Government intends to make an award without conducting discussions; however, it reserves the right to conduct discussions and request supporting pricing information as needed/required.

14. Electronic Invoicing through Procurement Integrated Enterprise Environment (PIEE).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through PIEE. Additional information and registration for PIEE can be completed online at https://wawf.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through PIEE upon satisfactory completion of work and the receipt of a proper certification for payment.

--End of FAR 52.212-1 Addendum --

Lunch - Saturday, June 3, 2023

FFP

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

FOB: Destination

PSC CD: S203

NET AMT

Breakfast, Sunday, June 4, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Sunday, June 4, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Dinner, Sunday, June 4, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Breakfast, Monday, June 5, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Monday, June 5, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Dinner, Monday, June 5, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Breakfast, Tuesday, June 6, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Tuesday, June 6, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Dinner, Tuesday, June 6, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Breakfast, Wednesday, June 7, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Wednesday, June 7, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Dinner, Wednesday, June 7, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Breakfast, Thursday, June 8, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Thursday, June 8, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Dinner, Thursday, June 8, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Breakfast, Friday, June 9, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Friday, June 9, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Thursday, June 15, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

Lunch, Friday, June 16, 2023

Meals prepared and served out of contractor’s facility and/or Government pickup. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform meal service (catered and/or boxed), as defined in the Performance Work Statement (PWS).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

03-JUN-2023

VON A. PARENT

6 EDGEMONT DRIVE

PRESQUE ISLE ME 04769

207-430-5418

W507JC

04-JUN-2023

W507JC

04-JUN-2023

W507JC

04-JUN-2023

W507JC

05-JUN-2023

W507JC

05-JUN-2023

W507JC

05-JUN-2023

W507JC

06-JUN-2023

W507JC

06-JUN-2023

W507JC

06-JUN-2023

W507JC

07-JUN-2023

W507JC

07-JUN-2023

W507JC

07-JUN-2023

W507JC

08-JUN-2023

W507JC

08-JUN-2023

W507JC

08-JUN-2023

W507JC

09-JUN-2023

W507JC

09-JUN-2023

W507JC

15-JUN-2023

W507JC

16-JUN-2023

W507JC

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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:

The award will be made based on the best value to the Government considering technical, past performance and price IAWS FAR 13.5. To be considered for an award, the quoter must receive no less than “acceptable” rating for Technic and past performance.

FACTOR 1 - Quoter shall provide that they hold current American National Standard Institute (ANSI) Conference for Food Protection and a Maine state food license issued by the Maine Department of Agriculture.

Evaluation of Technical Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that the quotation is either Acceptable or Unacceptable. Failure to clearly and unambiguously demonstrate the minimum specifications outlined in the PWS will result in an unacceptable technical rating.

FACTOR II - Evaluation of Past Performance: Contracting will utilize past performance inquiries consistent with CPARS, FPDS, FAPIIS and Previous Awards, and Determination of Responsibility documentation

FACTOR III - Price shall be evaluated for fairness and reasonableness

The below ratings and descriptions will be assigned for technical and past performance.

Outstanding: Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good: Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable: Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal: Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable: Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

(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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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: [Contracting Officer check as appropriate.]

___ (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. 4655).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)

___ (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).

___ (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).

___ (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 (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (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 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (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 (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (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 (OCT 2022) (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 (OCT 2022) (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) (15 U.S.C. 657s).

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

____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 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.

____ (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.

____ (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).

__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).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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 (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.

____ (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) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

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

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (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. Subtitle A, Part V, Subpart G 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 (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. 3805).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__X__ (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 (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: [Contracting Officer check as appropriate.]

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

__X___ (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).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. 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 2022) (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 2016) (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.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xiii) 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 (March 2, 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 (May 2014) (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 (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 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)

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

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

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

Employee Class Monetary Wage-Fringe Benefits

07042 – Cook II 07010 – Baker 07130 – Food Service Worker 07070 - Dishwasher

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):

FAR: https://www.acquisition.gov/browse/index/far DFARS: https://www.acquisition.gov/dfars

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR: https://www.acquisition.gov/browse/index/far DFARS: https://www.acquisition.gov/dfars

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 Federal Acquisition Regulation Supplement (48 CFR Chapter Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

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

_(2n1 – Service Invoice) _____

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

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

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

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

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

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

Routing Data Table*

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

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

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

(g) WAWF point of contact.

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

Attn: Ms. Heather Burnham, Tel: 207-430-5604 and Ms. Kristine M. Hatch, Tel: 207-430-5471 ng.me.mearng.list.j8-vendorpay-inquiries@army.mil ng.me.mearng.list.contracting@army.mil_

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

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

Exhibit/Attachment Table of Contents

10-APR-2023

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