W912L9-21-Q-0010 BPA 30 AUG 2021.docx

Streamlined solicitation for commercial items.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Indiana National Guard is seeking to establish a single award, priced, Blanket Purchase Agreement in accordance with FAR 13.303 for Catered meals. This BPA solicitation satisfies FAR Part 5 publicizing contract actions for the resulting master BPA and all future BPA Calls over $25,000.00.

(ii) Solicitation number W912L9-21-Q-0010 this solicitation is issued as a request for quotation (RFQ) under FAR -- Part 13 Simplified Acquisition Procedures as well as FAR part 12 commercial service to establish a BPA only.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 Effective Date 07-12-02021. DFARS Change 7/9/2021 Effective Date 07-09-2021

(iv) 100% total Small Business set-aside. The associated NAICS code is 722320 Catering and small business size standard $8.0 mil

(v) A list of line item number(s) and items, quantities, and units of measure.

YEAR 1

YEAR 2 (6 month Price)

(vi) Description: Manufacture meals, in bulk, utilizing the Armed Forces Recipes TM 10-412 and deliver meals to Muscatatuck Urban Training Center located in Butlerville, IN 47223.

(vii) The Blanket Purchase Agreement start date is estimated to be 01 OCT 2021 and shall last 1 year and 6 months pending required annual review (FAR 13.303-6). Formal exercising of Option years are not required in a FAR part 13 BPA. REF FAR 13.303-3(a)(1) “specified period”.

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial Items applies to this solicitation. This provision provides a single, streamlined set of instructions when soliciting offers for commercial items and is incorporated in this solicitation by reference.

(ix) Evaluation procedures to be used = Best Value per FAR Part 13. “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement. Past performance shall be evaluated in accordance with the procedures in FAR 13.106-2. This solicitations is not required to state the relative importance assigned to each evaluation factor and sub factor, nor are they required to include subfactors Evaluation for this solicitation shall be based on the following: price, past performance, technically acceptable. Award shall be based on whether the lowest priced of the quotations or offers having the highest past performance rating possible and meets “technically acceptable” qualification, represents the best value when compared to any lower priced quotation or offer. Consideration will include suppliers whose past performance has shown them to be dependable, who offer quality supplies or services at consistently lower prices, and who have provided numerous purchases at or below the simplified acquisition threshold.

PAST PERFORMANCE:

a. PRIME contractor (NOT POTENTIAL SUBCONTRACTOR) must submit three references that reflect the recent (within last 2 years only) successful supply of catered meals substantially similar to the items requested in this RFQ. Must include date of delivery, contact name, address, and phone number of end user.

TECHNICALLY ACCEPTABLE: You must answer the following questions:

a. Are you a catering company? If you are not a catering company, you must briefly explain why you are qualified to manufacture and deliver meals. Prime vendor must perform at least 50% of this contract.

b. Do you currently have a catering license or catering permit?

c. Does your business currently hold “Business Insurance” such as General Liability?

d. Is there at least one certified food handler “card holder” in the kitchen at all times during operation? If so, who is the card holder?

The following three questions will enhance your quote but will not disqualify you from being technically acceptable.

i. Do you have a key employee who has graduated from Culinary School? If no, you will still be considered technically acceptable.

ii. Have you earned a certificate from the National Association for Catering and Events? If no, you will still be considered technically acceptable.

iii. How many of your employees hold ServSafe certificates? If none, you will still be considered technically acceptable.

PRICE:

a. PLEASE FILL IN SECTION (v)

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. Prospective contractors shall be registered in the SAM database prior to award of a contract or agreement. The Offeror shall complete only paragraph (b) of the provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this solicitation. This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items applies to this solicitation. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial items.

(xiii) Strict adherence to all State and local Commercial Catering laws and regulations are required and necessary for this acquisition. Requirements are consistent with customary commercial practices.

Questions and Answers: Email all questions to robert.w.marszalek.civ@mail.mil DO NOT contact any other government employees/personnel as this will only delay receipt of answers. Early submittal of questions is preferred in order to obtain the most accurate and complete answers. Electronic questions are due at or before 5:00pm WED SEPT 8th 2021. After this time, no further questions will be accepted.

(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating, is not applicable to this solicitation.

(xv) Electronic quotes are due at or before Monday SEPT 20th 2021 at 2:00pm Eastern time. All quotes must be E-mailed to robert.w.marszalek.civ@mail.mil Faxes will NOT be accepted. PDF and all / any Microsoft office formats are acceptable. Reminder that this is a RFQ. A full proposal is not necessary however any and all information will be accepted.

(xvi) The name and telephone number of the individual to contact for information regarding the solicitation is as follows: Rob Marszalek, Contract Specialist USPFO Indiana. Camp Atterbury Indiana BLDG 244 (812) 526-1653 robert.w.marszalek.civ@mail.mil

TERMS AND CONDITIONS

(IAW FAR 13.303-3)

(1) Description of agreement. The supplier shall furnish commercial catered meals, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during the period of OCT 1st 2021 to 31 March 2023. Total value of BPA shall not exceed $999,999.00.

(2) Extent of obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

(3) Purchase limitation. The dollar limitation for each individual purchase under the BPA is $250,000.

(4) Individuals authorized to purchase under the BPA. A list of individuals authorized to purchase under the BPA is as follows:

Chris Purtell contracting officer $250,000 per call Brenda Simmons contracting officer $250,000 per call Sheri Herrin contracting officer $250,000 per call Tom Fleming Contract Spec $250,000 per call Carl Kuhlman Contract Spec $250,000 per call Rob Marszalek Contract Spec $250,000 per call Kerry Champ Contract Spec $250,000 per call Thomas Gunter Contract Spec $250,000 per call

(5) Delivery tickets. All shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

i. Name of supplier.

ii. BPA number.

iii. Date of purchase.

iv. Purchase number.

v. Itemized list of supplies or services furnished

vi. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

vii. Date of delivery or shipment.

(6) Invoices.

(i) A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tic

(iv) An invoice for subscriptions or other charges for newspapers, magazines, or other periodicals shall show the starting and ending dates and shall state either that ordered subscriptions have been placed in effect or will be placed in effect upon receipt of payment.

STATEMENT OF NEED

1.0 Introduction: The Indiana National Guard has a need to provide commercially catered meals to various training units located at Muscatatuck Urban Training Center Butlerville, Indiana.

2.0 Description of Supply: The Contractor shall purchase and pay for all food, drink, paper etc products required under this contract. The contractor shall manufacture bulk catered meals at own facility. Meal recipe and portion size shall be made to the specifications found at TM 10-412. The Contracting Officer Representative must approve any deviation from the recipes found at TM 10-412. TM 10-412 can be found at the following websites: https://quartermaster.army.mil/jccoe/publications/recipes/cover.pdf and https://quartermaster.army.mil/jccoe/publications/food_links.html

2.1 Description of Drinks: A minimum of two drinks per meal should be offered and can be contained in bulk easy to pour containers. Bulk crushed Ice for drinks may be required. Contact the Contracting officer representative to coordinate any ice requirements.

2.2 MENU: Vendor is responsible for the formation of a Menu for each BPA call. The Contracting Officer Representative must approve the menu before its use. The vendor shall plan the menu to ensure variety of food items and refrain from repeating main course items within a 7-day cycle.

2.2.1 MUTC Menu Guidelines:

2.2.1.1 Breakfast

2.2.1.2 Lunch

2.2.1.3 Dinner:

2.2.1.2 Midnight meal:

3.0 Vendor furnished equipment: The vendor shall provide all disposable plates, napkins, bowls, cups, cutting utensils, serving utensils, and condiments to compliment the meal being delivered. In addition, Vendor will supply an adequate number of large garbage bags to unit.

3.1 Vendor furnished containers: Large sheet pans may be utilized for transportation and delivery of meals. No individual meal packaging is required. Training unit will “self-serve” from vendor supplied bulk containers. Training Unit will return any non-disposable bulk containers and utensils to vendor unwashed and un-sanitized.

3.2 Government Furnished equipment: No Government furnished equipment is available to vendor. Equipment incidental to the place of delivery, such as a walk in cooler, may be available with prior coordination with Contracting Officer Representative but is not guaranteed.

3.3. Dumpsters: On site trash dumpsters, operated and maintained by the Government, will be available for use by the vendor to dispose of any vendor trash. Individual training units are responsible for their own trash collection and disposal created by the consumption of the meals and drink.

4.0 Transportation: Free on Board Destination. Vendor is responsible to transport all meals and drinks by own means and at own cost and risk. Government will not be responsible for any accidents or damage to vendors vehicle. Transport the manufactured meals to Muscatatuck Urban Training Center Butlerville Indiana. All food should be prepared on the day it is to be delivered. All menu items will be prepared, transported, delivered, and maintained at the temperatures recommended by the USDA. EACH feeding period (Breakfast, lunch, Dinner, Midnight meal) requires a separate delivery within an acceptable industry time frame before consumption of each meal. Exact exchange point within the boundary of Muscatatuck will be coordinated through the Contracting Officer Representative. Food and drink must be physically handed over to receiving training unit by vendor. No food or drink shall be left unattended by vendor before the required delivery and exchange with the receiving training unit has been made.

5.0 Food Safety: Manufacture and transport food and drink according to Federal, State and local regulations.

6.0 Schedule: Head counts (Individual meals) are subject to change. The Contractor shall accept changes for the meal service headcount up to 96 hours (4 days) prior to the meal-serving period. Meal service hours Breakfast 0600 – 0730 Lunch 1130 – 1300 Dinner 1700 – 1830. Variation of normal serving hours will be coordinated between the COR and the Contractor. Any variation in starting times will be established by the COR.

NOTES:

BPA: The Federal Acquisition Regulation (FAR) addresses the use of a Blanket Purchase Agreement (BPA) as a Simplified Acquisition Procedure in FAR 13. Specifically subpart 13.303 Blanket Purchase Agreements. This BPA is not a binding contract or purchase order. No funds are placed on this BPA. A BPA is like a charge account that sets forth terms and conditions prior to an actual purchase, significantly reducing paperwork and the administrative cost per order. Once the BPA is issued, the Government can place orders and the contractor can make delivery without a separate purchase order for each order. BPAs must follow all procurement laws and regulations, such as FAR 13.303-5, which limits the dollar amount of individual BPAs to $250,000 each. Vendor or Government can terminate this agreement, without ramifications, given a 30 days’ notice.

COMPETITION: This BPA satisfies FAR Part 5 publicizing contract actions. Statutory requirement to obtain maximum practicable competition in simplified acquisitions is met.

OPTION YEARS: Option years are not available for use in a Part 13 BPA. The FAR envisions Agreements that are longer than a year because it talks about annual reviews and the need to amend the agreements. FAR 13.303-3(a)(1) Description of agreement allows a BPA to enter into a "specified period" (not to exceed 5 years). FAR part 13 also mentions "annual reviews"

Required Clauses 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

252.204-7003 Control of Government Personnel Work Product.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation.

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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.225-7048 Export-Controlled Items.

252.232-7010 Levies on Contract Payments.

252.244-7000 Subcontracts for Commercial Items.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.204-7 System for Award Management.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

52.204-13 System for Award Management Maintenance.

52.204-16 Commercial and Government Entity Code Reporting.

52.204-17 Ownership or Control of Offeror.

52.204-18 Commercial and Government Entity Code Maintenance.

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

52.209-7 Information Regarding Responsibility Matters.

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

52.212-1 Instructions to Offerors-Commercial Items.

52.212-3 Alternate I (Oct2014). Offeror Representations and Certifications-Commercial Items.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.232-39 Unenforceability of Unauthorized Obligations.

52.252-5 Authorized Deviations in Provisions.

52.252-6 Authorized Deviations in Clauses.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

252.211-7003 Item Unique Identification and Valuation.

252.215-7007 Notice of Intent to Resolicit.

252.215-7008 Only One Offer.

252.223-7008 Prohibition of Hexavalent Chromium.

252.225-7012 Preference for Certain Domestic Commodities.

252.225-7031 Secondary Arab Boycott of Israel.

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015) 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation. (DEVIATION 2020-O0015) 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7006 Wide Area WorkFlow Payment Instructions.

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration.

252.243-7002 Requests for Equitable Adjustment.

252.247-7022 Representation of Extent of Transportation by Sea.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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. (JUN 2020) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (DEVIATION 2020-O0008)

____ (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.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) 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.

X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). (DEVIATION 2020-O0008)

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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)).

X (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

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

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). (DEVIATION 2020-O0019)

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (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) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

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

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (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. 2302 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 Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (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).

X (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 (FEB 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) 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 items: (Contracting Officer check as appropriate.)

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

_____ (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 Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

X (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 items. 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 (JUN 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(vii) 52.222-26, Equal Opportunity (Sep 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.

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision) 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (CLASS DEVIATION 2020-O0019) As prescribed in 22.1505(b), insert the following clause:

Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in-

(1) Canada, and the anticipated value of the acquisition is $25,000 or more;

(2) Israel, and the anticipated value of the acquisition is $50,000 or more;

(3) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(4) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR subpart 9.4.

(End of clause)

IAW 252.232-7003, all invoices must be submitted via WAWF. It is mandatory that you use this E-Invoicing system to ensure timely payment of your invoice.

WAWF is a web-based tool for the processing of invoices/receiving reports. This will bring about major changes in the amount of time it takes to process these documents making payment much faster. The web site for this system is https://wawf.eb.mil. There are no charges to use WAWF. All questions relating to system setup and vendor training can be directed to the help desk at Ogden. Their number is 1-866-618-5988.

$$$ To expedite your payment please invoice as soon as you ship. If Partial shipments are made separate invoices should be submitted using the instructions below for each shipment.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES

AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

* Required Fields in WAWF

TYPE OF INVOICE SUBMISSION:

_____ Combo

_____ 2 IN 1

X Vendor Cage Code*: xxxxx

X Pay DoDAAC*: HQ0670

X Issue DoDAAC: W912L9

X Admin DoDAAC*: W912L9

X Inspect By DODAAC*: W56DQK

X Accept By DODAAC*: W56DQK

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