W912L620R0009 xCTC Prepared-Catered Meal Svcs.pdf

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SEE ADDENDUM

(No Collect Calls)

W912L620R0009 24-Feb-2020

b. TELEPHONE NUMBER

(405) 228-5168

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 23 Mar 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912L69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RENEE TAYLOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO OK PURCHASING & CONTRACTING

3501 MILITARY CIRCLE

OKLAHOMA CITY OK 7111-4398

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W911JN 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FT CHAFFEE

FT CHAFFEE

FT CHAFFEE AR OK 72905

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

722320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912L620R0009

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Food Service – Prepared/Catered Meal Services

1.0 General: The Oklahoma Army National Guard (OKARNG) has a requirement for prepared/catered meals located at Fort Chaffee Arkansas. These menus will be approved by OKARNG. Meal items included in the menus shall be prepared in accordance with Army TB Med 530, which can be found at https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=83563

1.1 Scope: The Contractor shall provide all equipment, tools, labor, personnel, supervision, all food product, incidentals necessary, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished to prepare and serve the meals for approximately 4000 soldiers out of a dining facility as defined in this PWS.

Members of the OKARNG shall not be tasked to serve meals provided by the Contractor.

1.2 Background: The Oklahoma Army National Guard (OKARNG) has a requirement for prepared/catered meals located at Fort Chaffee Arkansas

1.3 Period of Performance (PoP): The Period of Performance shall be from May 16, 2020, through June 12, 2020.

1.3.1 Place of Performance: Contractor is free to cook meals at a location of their preference. A location on Fort Chaffee near the dining facility should be able to be utilized if the Contractor is cooking using mobile kitchen equipment. Coordination for this site will be done through the Contracting Officer’s Representative (COR).

Serving of meals and the loading of the insulated food containers will take place on Fort Chaffee, AR.

1.4 General Information:

1.4.1 Quality Control (QC): The Contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the Contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Quality Assurance Surveillance Plan (QASP). A final QCP shall be submitted to the (COR) NLT 5 days after contract award. After acceptance of the QCP, the Contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.2 Quality Assurance (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays taking place during the PoP.

The Contractor shall perform services on these days:

1.4.3.1 Memorial Day: Monday, May 25th

1.4.4 Place and Performance of Services: The Contractor shall provide services 24 hours a day for the entirety of the PoP except when the Government installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at Fort Chaffee, AR. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by Contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the Contractor employee’s installation driving privileges.

1.4.4.3 The Contractor’s employees shall become familiar with and obey the regulations of the installation;

including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All Contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The Contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of Contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of the contract.

1.4.5 Security Requirements. The Contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The Contractor and all associated sub- Contractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The Contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in Contractor security matters or processes.

1.4.5.1 Contractor and all associated sub-Contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.2 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations.

Therefore, the Contractor is advised that any time Contractor personnel place or receive a call they are subject to COMSEC procedures. The Contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The Contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6 Physical Security. The Contractor shall safeguard all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Lock Combinations: The Contractor shall establish and implement methods of ensuring that no lock combinations are revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

1.4.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the KO in accordance with FAR Part 42.5. The KO and/or COR may meet periodically with the Contractor to review the contactor’s performance. At these meetings, the KO or COR will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 Contract Manager (CM): The Contactor shall designate a CM and an Alternate CM who shall ensure performance under this contract. The name of these individuals are to be designated in writing to the KO 5 days after award. These individuals are to have the full authority to act on behalf of the Primary Contractor (the contract is awarded to) on all contract matters relating to the daily operation of the contract. The Alternate CM will only function in place of the Primary CM in their absence. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that Contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure Contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the Contractor.

1.4.9 Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The Contractor shall take appropriate action, up to and including termination, against employees or sub-Contractors that violate the US Government policy as described at FAR Part 22.17.

1.4.10 Organizational Conflicts of Interest (OCI): The Contractor and sub-Contractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Part 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government.

The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. The only individual who can legally bind the Government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor Contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are may be required to be used in the performance of a contract by the PWS.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Sub-Contractor: One that enters into a contract with a prime Contractor. The Government does not have privy with the sub-Contractor.

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager CMRA Contractor Manpower Reporting Application COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFAC Dining Facility DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IPM Individually Packed Meal(s) IFC Insulated Food Container(s) IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: Dining Facilities.

3.1.1 Building Numbers: 1384, 1438, 1511, 1549, 1678, 1702, and 1708

3.1.2 Dining facilities will be used for the sole purpose of assembling, heating and maintaining the proper temperature of food served. They WILL NOT be used for cooking purposes.

3.2 Materials: None.

3.3 Equipment: None.

3.4 Services: None.

3.5 Utilities:

3.5.1 Potable and Non-potable Water: Refill may be available to the Contractor through coordination with the COR.

3.5.2 Waste Disposal: The water treatment plant at Fort Chaffee may be available to the Contractor through coordination with the COR. Contractor will be responsible for discharge hoses of sufficient length to release waste water into the water treatment plant site being utilized.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: The Contractor will have limited Government Furnished Equipment (GFE) available for use in order to increase the quality and / or efficiency of the services delivered to the OKARNG. The Contractor may use the GFE located on site for the sole purpose of assembling, heating and to maintain the proper temperature of food served.

The GFE WILL NOT be used for cooking food.

5.0 Requirements: The Contractor shall:

5.1 Meal Requirements:

5.1.1 Provide all table and flatware, cups, napkins, as well as serving utensils, to accommodate all feeding locations to include the meals to be delivered in insulated food containers.

5.1.2 The following meal requirements are provided to assist the Contractor in developing the required menus, as mentioned in paragraph 1 above and 5.3 below.

5.1.2.1 Breakfast Meal Requirements: The breakfast meal shall, at a minimum, include the following classes of foods and servings per person:

Eggs (2ea) Scrambled or Omelet style Choice of two meat products (6 oz. serving each): Pork and Non-Pork Fruit or vegetable (1cup) Starch, bread, or potatoes (3/4cup) Hot or cold cereal (½ cup) Drinks shall include but not limited to coffee, juice, and milk

5.1.2.2 Dinner Meal Requirements: The dinner meal shall, at a minimum, include the following classes of foods and servings per person:

Entrée to include a 6 oz. serving of meat Vegetables- 2ea (½ cup servings ea.)

Starch, bread, or potatoes- (3/4 cup serving) Fruit or dessert -1ea Drinks shall include coffee plus choice of two other drinks, such as flavor aid, tea, juice, soda or punch

5.1.3 Contractor is required to provide a minimum of three (3) breakfast menus and four (4) dinner menus for use on a daily rotating basis.

5.1.3.1 In addition to these menus, Contractor shall allow for one dinner meal to be a hamburger/hot dog cookout style meal and one dinner to be a steak dinner style meal.

5.1.3.1.1 The dates of the serving of these two meals will be scheduled by the Contracting Officer Representative (COR) with sufficient lead-time needed by the Contractor.

5.1.3.2 Contractor will be notified of special diet request within the Contractor’s required timeframe.

5.2 Delivery and Serving:

5.2.1 It is the responsibility of the Contractor to set up and serve the prepared meal at the designated Dining Facility (DFAC) based on the spreadsheet provided in Technical Exhibit 3.

5.2.2 Contactor must be prepared to serve at each location, at the same time, based upon Technical Exhibit 3.

5.2.3 Government will provide an area to serve from.

5.2.4 Contractor must be prepared to begin serving no later than 0600 for breakfast meals and 1800 for dinner meals.

5.2.5 Contractor must maintain safe food temperature for at least 4 hours after preparation.

5.2.6 All personnel shall wear appropriate attire for food service and preparation. Shorts and sandals are prohibited.

5.2.7 Insulated Food Containers (IFC):

5.2.7.1 IFCs will be delivered to multiple units in the field from 24 to 25 May. Actual deliveries from the DFAC to units in the field will be made by the Government.

5.2.7.2 Contractor will deliver meals in disposable food trays so that the Government can load them into insulated food containers at the DFAC.

5.2.7.3 Contractor needs to organize the meal deliveries to DFAC #1384 for all IFCs to facilitate for quick packaging of the insulated food containers and their delivery to the field. Contractor will clearly separate and identify each breakfast and dinner meals to be delivered daily via disposal food containers. Exact breakout will be provided after award, total numbers are shown in Technical Exhibit 3.

5.2.7.4 Insulated Food Containers Dimensions: The IFC can fit a full size pan (20 3/4" x 12 3/4") or two half size pans (12 3/4" x 10 3/8"). The following disposal food trays should be able to fit inside the IFC:

5.2.7.4.1 https://www.webstaurantstore.com/choice-full-size-foil-deep-steam-table-pan-case/612605070.html

5.2.7.4.2 https://www.webstaurantstore.com/choice-1-2-size-foil-deep-steam-table-pan-case/612613245.html

5.2.8 Individually Packed Meals (IPM):

5.2.8.1 IPMs will be delivered to one unit in the field from 26 May to 05 June. Actual deliveries from the DFAC to units in the field will be made by the Government. IPMs will be single meals in a disposable food container (clamshell, boxed, etc.) that can be stacked and transferred without assistance from the Contractor.

5.2.8.2 Contractor will organize the meal deliveries to DFAC #1384 for all IPMs to facilitate for quick transfer to the COR and their delivery to the field. Contractor will clearly separate and identify the 54 breakfast and dinner meals to be delivered daily via disposal food containers.

5.3 Cleaning and COR Release:

5.3.1 The Contractor is responsible to abide by the Fort Chaffee Environmental Office and the Environmental Protection Guidelines for Contractors.

5.3.2 Contractor shall be solely responsible for cleaning up all areas of the DFAC to include serving equipment and

GFE.

5.3.3 Facilities shall be subject to inspection for cleanliness prior to Contractor’s release.

5.3.4 Contractor shall not leave the DFAC site without a written release from the COR.

5.3.5 The COR’s release shall constitute confirmation that all facilities and GFE utilized by Contractor, if any, is in clean and satisfactory condition

5.4 Disposition of Leftover Food:

5.4.1 Food prepared and delivered but not served (leftover food) is the property of the Government. Leftovers shall be disposed of in whole or in part as directed by the COR in one or more of the following ways:

5.4.1.1 Food shall be left onsite for Government use.

5.4.1.2 Food shall be donated to a qualifying charity in the locality as directed by FAR Part 52.226-6

5.4.1.3 Food, due to its quantity or quality, cannot be donated and shall be disposed of as waste.

5.5 Contractor Manpower Reporting Application (CMRA):

5.5.1 The Contractor shall report ALL Contractor labor hours (including sub-Contractor labor hours) required for performance of services provided under this contract for the National Guard Bureau OKARNG via a secure data collection site.

5.5.2 The Contractor shall completely fill in all required data fields using the following web address:

http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. All data shall be reported no later than June 31, 2020. Contractors may direct questions to the help desk at http://www.ecmra.mil.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/ Defense Federal Acquisition Regulation

Supplement https://www.acquisition.gov/

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)

01/23/2014 http://www.esd.whs.mil/Directives/issuances/dodm/

Federal Information Processing Standards (FIPS) Publication 201-2

Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201- 2.pdf

DoDM 5200.2 Regulation 5200.02 Procedures for the DoD Personnel

Security Program (PSP)

04/03/2017 http://www.dtic.mil/whs/directives/corres/pub1.html

Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared

Contractors

03/07/2014 http://www.apd.army.mil/ProductMaps/PubForm/Arm yDir.aspx

AR 190-13

The Army Physical Security Program

02/25/2011 http://www.apd.army.mil/ProductMaps/PubForm/AR.a spx

Homeland Security Presidential Directive

(HSPD)-12

Policy for a Common Identification Standard for Federal Employees and

Contractors

08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDD 5400.11 Department of Defense Privacy Program

10/29/2014 http://www.dtic.mil/whs/directives/corres/dir.html#

DoD 5400.11-R Department of Defense Privacy Program

05/14/2007 http://www.dtic.mil/whs/directives/corres/pub1.html

DoDD 8140.01 Cyberspace Workforce Management

08/11/2015 OK http://www.dtic.mil/whs/directives/corres/dir.html

DoD 8570.01-M Information Assurance Workforce

Improvement Program

12/19/2005 (Change 4:

11/10/2015)

OK http://www.dtic.mil/whs/directives/corres/pub1.html

AR 25-2

Information Assurance

10/24/2007 OK http://armypubs.army.mil/ProductMaps/PubForm/AR.

aspx

AR 530-1

Operations Security

09/26/2014 OK http://armypubs.army.mil/ProductMaps/PubForm/AR.

aspx

DoD 5220.22-M National Industrial Security Program

Operating Manual

02/28/2006 (Change 2:

05/18/2016)

OK http://www.dtic.mil/whs/directives/corres/pub1.html

AR 381-12

Threat Awareness and Reporting

Program (TARP) (Section II, ¶ 2-4.b)

06/01/2016 OK http://armypubs.army.mil/ProductMaps/PubForm/AR.

aspx

Army TB Med 530 09/15/2006 https://armypubs.army.mil/ProductMaps/PubForm/Det ails.aspx?PUB_ID=83563

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 1172-2

Application for Identification Card/DEERS Enrollment

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I-9 Employment Eligibility Verification

11/14/16 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security

Agreement

Jan 2017 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

DD 250

Material Inspection and Receiving

Report

Aug 2000 http://dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

TECHNICAL EXHIBIT 1

Quality Assurance Surveillance Plan (QASP)

This QASP includes performance objectives the Government will use to determine Contractor performance and will compare Contractor performance to the Acceptable Quality Level (AQL).

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

Staff performance of hygienic practices

The Contractor shall implement and ensure proper hygienic standards (QASP Worksheet, Appendix A) through the entirety of the contract.

0% Failure Periodic inspection – COR will observe feeding and preparing operations.

Contractor quality assurance of food preparation, food temperatures and service portions.

Contractor will follow guidance in paragraph 3 of the PWS no less than 98% of the time.

No more than 2% failure to meet standards defined in the PWS.

Periodic inspection – COR will observe feeding, storing, and preparing operations.

Required meals delivered in adequate quantities, set-up and served at the required time.

The Contractor shall perform task within the established timeframes 95% of the time throughout the contract.

No more than 5% failure to meet the established timelines provided in the contract.

Periodic Inspection - COR will observe delivery and operations.

Facilities cleaned prior to daily departure.

Facility cleanliness in line with QASP-W (Appendix C) 95% of the time throughout the entirety of the contract. .

No more than 5% failure to meet cleanliness standards.

Periodic inspection – COR will inspect facilities prior to, or immediately after the Contractor departs the facility.

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

1.4.1 Quality Control

Plan (QCP)

Provide NLT 5 days after contract award.

1 Electronic Submission

COR

TECHNICAL EXHIBIT 3

Estimated Meal Numbers

This information is provided for estimation only. It is not a guarantee of exact quantities.

Meals schedule / times are: Breakfast 0600-0930 and Dinner 1800-2130.

Total Breakfast Meals: 22,604 Total Dinner Meals: 25,723

TECHNICAL EVALUATION

A Firm Fixed-Price contract will be awarded based on the Lowest Price Technically Acceptable (LTPA). It is the Governments intent to award a single contract.

Questions/RFI’s are to be submitted by 2:00 P.M. CST on March 12, 2020.

OFFEROR’S ARE REQUIRED TO SUBMIT THE BELOW TECHNICAL RESPONSE SEPARATE FROM

THE PRICING.

DFAC 1384 1438 1511 1549 1678 1702 1708 IFC IPM 1384 1438 1511 1549 1678 1702 1708 IFC IPM

16‐May‐20 110 72 117 257

17‐May‐20 117 257 117 401

18‐May‐20 157 401 219 136

19‐May‐20 204 136 214 136

20‐May‐20 214 136 220 325

21‐May‐20 220 325 258 325

22‐May‐20 65 193 325 144 310 619 325 280

23‐May‐20 127 310 636 325 280 380 310 400 655 268 325 437

24‐May‐20 380 310 400 655 268 325 437 381 310 400 592 268 466 558 540

25‐May‐20 381 310 400 592 268 466 558 540 404 310 623 268 466 558 940

26‐May‐20 350 54 358 54

27‐May‐20 358 54 380 54

28‐May‐20 380 54 380 54

29‐May‐20 380 54 398 54

30‐May‐20 398 54 398 54

31‐May‐20 398 54 398 54

1‐Jun‐20 398 54 397 54

2‐Jun‐20 397 54 389 54

3‐Jun‐20 389 54 389 54

4‐Jun‐20 389 54 389 54

5‐Jun‐20 389 54 336 54

6‐Jun‐20 390 261

7‐Jun‐20 261 241

8‐Jun‐20 241 230

9‐Jun‐20 230 216 310 400 1163 268 466 558

10‐Jun‐20 216 310 400 1132 268 466 558 101 400 622 268 298 150

11‐Jun‐20 101 400 642 268 298 97 100 258 248

12‐Jun‐20 97 100 258 248

Breakfast Dinner

The Offerors proposal will be technically evaluated provided the Offeror submits with their proposal a written plan that describes/addresses the following questions:

a. Did the Offeror provide daily menus in accordance with Paragraph 5.1.2 in the PWS?

b. Has the Offeror described/discussed, in as much detail as possible, the plan to prepare the meals without using the equipment at the Government’s dining facility?

c. Has the Offeror described/discussed the ability to provide both disposable food trays and individually packed meals per Paragraph 5 and Technical Exhibit 3 of the PWS?

The Offeror’s proposal shall also contain the following:

a. Provide a dated and signed copy of ALL Amendments to Solicitation W912L6-20-R-0009, if any are issued during the solicitation period. If the Offeror does not provide a signed copy of each amendment, the Offeror will be deemed non-responsive and will not be considered for award.

b. If the Offeror does not provide a written response for the technical questions above, the Offeror will be deemed non-responsive and will not be considered for award.

c. ALL the fill-in Provisions and Clauses to be completed upon the submission the Offeror’s proposal.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Prepare Meals/Catered Served to SM

FFP

The Contractor shall provide all equipment, tools, labor, personnel, supervision, all food product/items (per the approved menus), incidentals, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished to prepare and serve the meals for approximately 4000 soldiers out of a dining facility as defined in this PWS. Members of the OKARNG shall not be tasked to serve meals provided by the Contractor. Meals number of meals in the PWS is an estimation, the COR will keep the Contractor informed on the number of personnel to be served for each meal. Wage Determination 2015-5315, Rev 10, 12/23/2019.

FOB: Destination

PSC CD: S203

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 16-MAY-2020 TO

12-JUN-2020

N/A FT CHAFFEE

FT CHAFFEE

FT CHAFFEE AR OK 72905

FOB: Destination

W911JN

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-16 (Dev) Preventing Personal Conflicts of Interest (AUG 2018)

(Deviation 2018-O0018)

AUG 2018

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996 52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-7 Alt I System for Award Management-- Alternate I OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.207-2 Notice Of Streamlined Competition MAY 2006 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.213-1 Fast Payment Procedure MAY 2006 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-12 Preparation Of Bids APR 1984 52.214-14 Place Of Performance--Sealed Bidding APR 1985 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-21 Requirements OCT 1995 52.219-1 Small Business Program Representations OCT 2014 52.219-2 Equal Low Bids OCT 1995 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (DEVIATION 2019-O0003).

JAN 2019

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011

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

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

NOV 2007

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations MAY 2014 52.227-1 Authorization and Consent DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.241-11 Multiple Service Locations FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.246-26 Reporting Nonconforming Items. DEC 2019 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's 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 252.203-7003 Agency Office of the Inspector General AUG 2019 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 252.209-7002 Disclosure Of Ownership Or Control By A Foreign

Government

JUN 2010

252.215-7008 Only One Offer JUL 2019 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2018

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.226-7002 Represenation for Demonstration Project for Contractors Employing Persons with Disabilities

DEC 2019

252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

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

or

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

(End of provision)

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

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

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