Amended - Combined Synopsis (21-R-3522).pdf

COMBINED SYNOPSIS

W912L3-21-R-3522

WYOMING MEALS BPA

1. PURPOSE: This is a Combined Synopsis/Solicitation Notice for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation/notice; responses/quotes are being requested, further written solicitation will not be issued. This solicitation will be posted on beta.SAM.gov as a Full and Open requirement.

The Wyoming National Guard (WYNG) is issuing this Combined Synopsis/Solicitation as a Request for Quote (RFQ) using FAR Part 12, Acquisition of Commercial Item, & FAR Part 13, Simplified Acquisition Procedures. The North American Industrial Classification System (NAICS) code for this procurement is 722511, with a small business standard of $8M.

The WYNG intends to award a Firm Fixed-Price Blanket Purchase Agreement (BPA).

The solicitation document and incorporated provisions/clauses are those in effect through the Federal Acquisition Circular (FAC) 2021-01 (01 Oct 2020), Defense Federal Acquisition Regulation Supplement Change 10/01/2020.

Requests for Information (RFI) and quotations will only be accepted via e-mail addressed to SGT Samantha Cox, Purchasing Agent at samantha.j.cox14@mail.mil and at ng.wy.WYNG.mbx.uspfo-p-and-c-contract-actions@mail.mil with the following firm deadlines:

RFIs due: Mon, 23 Aug 2021; 10:00am MST Quotes due: Mon, 13 Sep 2021; 10:00am MST

2. DESCRIPTION OF ITEMS/SERVICES: All CLIN's F.O.B. Destination.

The WYNG has a requirement to establish a Blanket Purchase Agreement (BPA) Meal with Third Party Vendors who can serve as an intermediary between supply NCOs and food providers. These Third Party Vendors will coordinate meals and payments with the food vendor on the behalf of the WYNG. Most requirements will be delivered and needed during Regularly Scheduled Drill (RSD), Inactive-Duty Training (IDT), Annual Training (AT), Yellow Ribbon Events, and other mission related happenings in the following locations:

1. Cheyenne, WY (up to six (6) restaurants)

2. Laramie, WY (up to two (2) restaurants)

This is an Amended Combined Synopsis Changes will be in Red.

WYOMING MEALS BPA

3. Casper, WY (up to two (2) restaurants)

4. Douglas, WY (up to two (2) restaurants)

5. Torrington, WY (up to two (2) restaurants)

6. Sheridan, WY (up to two (2) restaurants)

7. Wheatland, WY (up to two (2) restaurants)

The WYNG intends to enter into a multiple award BPA for each location for a period of up to two years (approx. Oct 2021 to Sep 2023). Restaurants must be within twenty

(20) road miles of the towns listed above.

For more detailed information, find the attached Prepriced BPA Agreement, Quotation/Price List, and the 889 Covered Telecommunications Equipment or Services- Representation. Please review these documents in their entirety for a complete description of this requirement.

3. PERIOD OF PERFORMANCE: Two (2) years (approx. Oct 2021 to Sep 2023).

4. PLACE OF PERFORMANCE: See list of cities/towns in paragraph 2.

5. BASIS FOR AWARD: The WYNG will consider price and technical non-price factors to determine the quotation that represents the Lowest Priced Technically Acceptable (LPTA) quotation. The WYNG will not use the formal source selection procedures described in FAR part 15. The WYNG will evaluate quotations utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers.

6. EVALUATION CRITERIA: The quotations will be evaluated under two factors: Price, and Technical Capability.

a. Technical Capability: 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 proposed equipment ‘meets’ the Governments minimum required specifications. Failure to clearly and unambiguously demonstrate this will result in an unacceptable technical rating.

b. Price: Price shall be evaluated for fairness and reasonableness IAW Joint

Federal Travel Regulations.

The WYNG intends to evaluate quotations and issue an agreement based on the initial quotations received. The initial quotation should contain the best terms from a price and technical standpoint. The Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15.306.

The WYNG reserves the right to make a full and/or partial-award on any item(s).

All contractors are required to have an active registration in System for Award Management (SAM). Please visit https://sam.gov/SAM/ to create a new registration if you are not already registered or renew your registration if it is not expired.

7. APPLICABLE FAR CLAUSES:

Incorporated by Reference (ref: https://www.acquisition.gov/ ):

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

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

Statements FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities FAR 52.212-1 Instructions to Offerors - Commercial Items FAR 52.212-2 Evaluation - Commercial Items FAR 52.212-3 (Offeror Representations and Certifications - Commercial Items)* FAR 52.212-4 Contract Terms and Conditions - Commercial Items FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive

Orders-Commercial Items FAR 52.219-6 Notice of Total Small Business Set-Aside.

FAR 52.222-3 Convict Labor

FAR 52.222-4

Contract Work Hours and Safety Standards Act - Overtime Compensation

FAR 52.232-1 Payments FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-25 Prompt Payment FAR 52.233-1 Disputes FAR 52.249-1 Termination for Convenience of the Government (Fixed price) FAR 52.249-4 Termination for Convenience of the Government (Services) FAR 52.249-8 Default (Fixed-Price Supply and Service) FAR 52.243-1 Changes -- Fixed-Price DFARS 252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports

*Offers/Quotes must include completed copy of provision at FAR 52.212-3 or indication that offeror representations and certifications are in SAM.

Incorporated by Full Text:

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 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 addresses: https://www.acquisition.gov; https://www.acquisition.gov/dfars

(End of Provision)

FAR 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 addresses: https://www.acquisition.gov;

https://www.acquisition.gov/dfars

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 Regulation (48 CFR Chapter

2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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 WebBased 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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use 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.

Invoice 2-in-1

(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 item financing, submit a commercial item financing request.

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

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

Routing Data Table

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

(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.

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of Clause)

Attachments:

TITLE DATE PAGES

PREPRICED BPA AGREEMENT 24 MAY 2021 4

QUOTATION/PRICE LIST 10 AUG 2021 1