W912LR-17-T-0045.pdf

SEE ADDENDUM

(No Collect Calls)

W912LR-17-T-0045 19-May-2017

b. TELEPHONE NUMBER

787-277-7698

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 31 May 2017

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.

W912LR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANGEL SOLIS

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

0010998814-0001

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 FOR PUERTO RICO

P.O. BOX 34069

FT BUCHANAN PR 00934-4069

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 W905U4 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HQ 201ST REGIMENT (MF) RTI

SSG JOSE R PADILLA

BLDG 231 (DOME)

FT ALLEN

JUANA DIAZ PR 00795

TEL: 787-510-7193 FAX:

787 277-7659FAX:

TEL: 787 277-7657 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

311991

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 OF23

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.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4,280 Each

PRE-PACKAGED MEALS

FFP

PRE-PACKAGED MEALS (BREAKFAST) PRNG-LANGUAGE CENTER

ENGLISH COURSE TO COVER PERIOD FROM 5 JUNE TO 22 SEPTEMBER

2017. THE CONTRACTOR SHALL DELIVER MEALS TO BLDG. 231

(DOME), FORT ALLEN TRAINING SITE, JUANA DIAZ, P.R. AND CAMP

SANTIAGO JOINT MANEUVER TRAINING SITE (CSJMTC) SPECIFIC

LOCATIONS WILL BE DISCLOSED TO AWARDED CONTRACTOR.

COMPLETE REQUIREMENTS ARE FOUND IN PARAGRAGH 5.0

(REQUIREMENTS) PLEASE READ SPECIAL INSTRUCTIONS AND

REQUIRED ACTIONS FROM THE VENDOR RECEIVING THE AWARD

CONTAINED IN THE PERFORMANCE WORK STATEMENT ENCLOSED

HEREIN AS WELL. POINT OF CONTACT FOR THIS SOLICITATION IS SSG

ANGEL F. SOLIS 787-277-7698 EMAIL:ANGEL.F.SOLIS.MIL@MAIL.MIL.

RESPOND BY UPLOADING COMPLETED SOLICITATION WITH OFFERED

PRICES USING THE WWW.FBO.GOV UPLOAD MENU IN THIS NOTICE OR

ALTERNATIVELY SUBMITTING THE SF-1449 TO: ANGEL F.

SOLIS.MIL@MAIL.MIL ALL VENDORS MUST INCLUDE IN BLOCK 17A

OF THE SOLICITATION YOUR CONTACT INFORMATION, CAGE CODE,

NAME OF COMPANY, ADDRESS, PHONE NUMBER, AND EMAIL

ADDRESS ALSO ENSURE TO COMPLETE BLOCK 30 (ALL LETTERS).

PLEASE WRITE THE TOTAL AMOUNT FOR EACH ONE OF THE

CONTRACT LINE ITEMS FOR YOUR BID ON THE SOLICITATION (SF-

1449)

IN ACCORDANCE WITH AR 530-1, OPERATIONS SECURITY, NEW

CONTRACTOR EMPLOYEES SHALL COMPLETE LEVEL I OPSEC

TRAINING WITHIN 10 CALENDAR DAYS OF THEIR REPORTING FOR

DUTY AND ANNUALLY THEREAFTER. THE CONTRACTOR SHALL

SUBMIT CERTIFICATES OF COMPLETION FOR EACH AFFECTED

CONTRACTOR EMPLOYEE, TO THE POC, OR TO THE CONTRACTING

OFFICER IF A POINT OF CONTACT IS NOT ASSIGNED, WITHIN 10

CALENDAR DAYS AFTER COMPLETION OF TRAINING. LEVEL 1 OPSEC

TRAINING IS AVAILABLE AT HTTP://CDSETRAIN.DTIC.MIL/OPSEC/.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010998814-0001

NET AMT

0002 4,280 Each

PRE-PACKAGED MEALS

FFP

LUNCH LC FROM 05 JUNE - 22 SEP17

0003 4,280 Each

PRE-PACKAGED MEALS

FFP

DINNER LC FROM 05 JUNE - 22 SEP17

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

Section F - Deliveries or Performance

PWS

PUERTO RICO NATIONAL GUARD

LANGUAGE CENTER

FORT ALLEN, JUANA DIAZ, PR 00795

DESCRIPTION OF REQUIREMENTS FOR

FOOD SERVICE

05 JUN -22 SEPT 17

5. DESCRIPTION OF SERVICES:

a. The Contractor shall furnish prepared meals during 05 JUN Thru 22 SEPT 2017 for the following Units subsisting on FT. Allen & CSJMTC. This list is not all-inclusive and units may be added or deleted as requirements become known.

The intent is to have a vendor provide a high quality, hearty and filling meal cooked under commercial standards. All meals shall be well balanced for nutritional value while providing variety and proper daily caloric needs.

b. PERIOD OF PERFORMANCE: The Puerto Rico Army National Guard anticipates purchasing

Food Service in accordance with this PWS for specific dates beginning with Breakfast on 05 June ending with dinner on 22 September 2017.

5.1. PERFORMANCE:

5.1.2. The contractor shall provide all the personnel, supervision, and other items necessary to perform full food service as defined in this PWS at CSJMTC & FT. Allen, Juana Diaz building #231. The contractor shall perform to the standards set forth in this contract. Contractor must provide adequate personnel to staff serving lines and replenish condiments, food trays, salad bar components and beverages in a timely manner.

5.1.3. Contractor’s will use Puerto Rico Army National Menus which are depicted on exhibits 1

5.1.4 Contractor will provide all condiments (i.e. mayonnaise, mustard, ketchup, steak sauce, hot sauce, pickles, salad dressings, syrup, salt and pepper, etc.) to compliment the meals being served.

5.1.5 Contractor shall serve pre-packaged meals prepared at their location and provide cups, plates, eating utensils, serving pans, and anything else that is needed to eat a meal. Ala Carte ordering is strictly prohibited.

5.1.6 The quality and serving sizes of the food served will be equivalent to commercially available prepared meals.

5.1.7. All meal components shall arrive within the required temperature ranges (135°F or higher for hot items and 41°F or lower for cold items) and that chafing dishes, electric warmers, ice-chests or other appropriate equipment are available to hold food at proper temperatures until served

5.1.8 The contractor must ensure all services are performed in a professional manner and in accordance with the highest industry standards for delivery of restaurant style meals. Unless the means or methods of performing a task are specified in this contract, the Contractor shall employ methods that are generally accepted, industry standards, and in compliance with Federal, State, and Army regulations as stated in 12.0 below. Contractor shall provide the PRARNG with standards of operation, management, and support services of the best quality available in the food service industry.

5.1.9 The meal counts are approximate and listed at the maximum capacity, Not- to-Exceed amount.

The government point of contact will provide a more accurate count of meals no later than 48 hours prior to first day for each scheduled event. The Government will not be responsible to pay for meals above the scheduled units head count that are not served. If less than 48 hour notice cancellation of meals causes the vendor to incur otherwise non-billable costs for perishable food, the vendor shall be reimbursed for those food costs provided the food has no alternative business use and is itemized and approved by the contracting officer for reimbursement.

5.1.10 Contractors shall be in compliance with all Federal, State and Local laws, regulations, policies, and have the necessary permits and insurance pertaining to the appropriate food industry.

5.2. FOOD PREPARATION AND SERVICE

5.2.1 Progressive Food Preparation: Progressively prepare food items to yield optimum freshness, flavor, color, and texture.

5.2.2. Serving Lines: Set up serving lines by the scheduled opening time. Food on the serving line shall be logically arranged and all foods shall be maintained at the specified temperatures. Replenish all foods, tableware, beverages, and condiments as necessary to ensure they are available to all patrons throughout the meal.

5..3. CONTRACTOR PERSONNEL

5.3.1. Contractor shall furnish supervisory and direct labor personnel to accomplish all work required.

5.3.2. All employees employed for the performance of work under this contract by the Contractor are not considered employees of the government nor will they represent themselves as such.

5.3.3 Contractor Supervision: any attendant supervisor, or other supervisors designated in writing to act in the Contractor's behalf, shall be present during all hours when contract employees are working.

5.3.3.1. Personal Hygiene - the Contractor shall ensure the contract employees meet the following sanitation requirements:

5.3.3.1.1 They wash their hands upon reporting, immediately after visiting a lavatory, after smoking, taking a break and after handling raw meat, poultry, garbage, or soiled items.

5.3.3.1.2 They remove wristwatches, bracelets, earrings, cell phones/pagers and rings before and during serving hours.

5.3.4 Their fingernails are cut short so that they do not extend beyond the end of the fingers and are kept clean.

5.3.5 They do not consume food items/beverages in any form while on the serving line or in any food prep areas.

5.3.6 They wear acceptable head covers (hats, caps, and hairnets) to prevent loose hair from falling into food or onto food contact surfaces in accordance with prevailing health codes.

5.3.7 They shall wear appropriate clothing that is well-fitted, laundered and repaired. Contractor may furnish uniform clothing (at no cost to the Government).

5.3.8 Shoes shall be of sturdy construction and shall cover the feet to meet sanitation and safety requirements. Open-toe shoes, sleeveless blouses or shirts are not allowed.

5.3.9 Use of Alcoholic Beverages/Drugs: The use of alcoholic beverages or illegal drugs by contractor personnel while on duty is strictly forbidden. Any violation shall be cause for immediate removal of the offender(s) by the Contractor from further work. Removal of employee(s) for such cause does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services.

5.3.10 Use of Tobacco: The use of tobacco products by the Contractor personnel while on break will be confined to those areas designated by the government as smoking areas.

5.4. FACILITIES

5.4.1 Government Furnished/Provided

5.4.1.1. The government will provide the following: dining facility, tables, chairs, and waste receptacles for use during meals. The government will provide no additional equipment for use by the contractor in performance of this contract. The government will not alter the existing facilities. Contractor will be notified what dining facility they will use when contract is awarded. All serving utensils, plates, pots, pans etc. will be the responsibility of the contractor.

5.6. QAULITY ASSURANCE (QA)/POINT OF CONTACT (POC)

5.6.1. QA & POC

5.6.1.1 The POC is the authorized individual who will perform assessments of the Contractor's performance.

5.6.1.2 Customers are encouraged to submit comments on the quality of meals served for each performance period. Customer Comments will be made available to the Contractor upon request or as deemed necessary by the POC.

5.6.2 The POC will inform the contract manager in person when discrepancies occur and will request immediate corrective action.

5.6.3 Any matter concerning a change to the scope, prices, terms or conditions of this contract shall be referred to the Contracting Officer and will not be acted upon unless specifically authorized to do so in writing by the Contracting Officer.

5.6.4 The services to be performed by the Contractor during the period of this contract, at all times and places are subject to review by the Contracting Officer and or authorized Government representative(s).

5.6.5 Government personnel, other than contracting officers (KOs) and authorized Point of Contact (POC), may, with KO coordination, observe Contractor operations. However, these personnel may not interfere with Contractor performance or make any changes to the contract.

5.6.6 Other Observers: Military Public Health personnel, Inspector General Personnel, and other authorized government personnel shall be permitted to observe operations as necessary. These operations include but are not limited to food preparations at the Contractor's facility and serving of the food at the base location. Public Health personnel must be allowed to conduct sanitary inspections IAW current FDA code guidelines

5.6.7 All parties involved in this contract will comply with FDA Food Code.

5.7. MEAL TIMES AND NUMBERS

5.7.1. Meal Times:

5.7.1.1 Meal times will be discussed with Contractor before the first meal is served. Contractor needs to be flexible. Meal hours may shift back or forward an hour, due to training requirements.

5.7.1.2. Standard feeding times are:

Breakfast: 0600-0700 Lunch: 1200-1300 Dinner: 1700-1830

5.7.2 Meal Counts: Not to exceed 250.

5.7.2.1 The total meals for each period of performance are maximum numbers not to exceed. A head count will be taken for each meal and total amount invoiced will only be for number of meals consumed. The government point of contact will give Contractor an updated head count 48 hours prior to start of scheduled events. Headcount will not exceed 250 meal per services.

5.7.2.2 Basic Menu Pattern: Contractor’s will comply with the Puerto Rico Army National Menus, which are depicted on Exhibits 3 to 10.

5.8. ADDITIONAL NOTE:

5..8.1 Invoice submittal procedures: The Company/Contractor shall submit an invoice using WAWF no later than five (5) business days after completing the services.

5.8.2 With the awarding of this Contract the vendor/contractor will have no employer/employee relationship with the PRARNG, and said contract is being awarded due to the fact that there are no comparable services within the agency.

W912LR-17-T-0045

5.8.3 With the awarding of this Contract the Company/contractor will have no employer/employee relationship with the ARMY, and said contract is being awarded due to the fact that there are no comparable services within the agency, and there will be no continuous supervision of the contractor.

5.10 The contractor shall be familiar and comply with the applicable regulations as follows:

5.10.1 Technical Bulletin (Med) 530 (TB MED 530), Tri-Service Food,30 April 2014 Code, http://armypubs.army.mil/

5.10.2 Army Regulation 30-22 (AR 30-22), Army Food Program, dated 24 July 2012, http://armypubs.army.mil/

5.10.3 Department of the Army Pamphlet 30-22 (DA PAM 30-22), Food Program Operating Procedures for the Army Food Program, dated 6 February 2007, http://armypubs.army.mil/

5.10.4 Army Regulation 40-25 (AR 40-25), Medical Services Nutrition Standards and Education, dated 15 June 2001, http://armypubs.army.mil/epubs/pdf/r40_25.pdf

5.10.5 Army Tactics, Techniques, and Procedures No. 4-41 (ATP 4-41), Army Field Feeding and Class I Operations, dated 31 December 2015, http://armypubs.army.mil/doctrine/DR_pubs/DR_a/pdf/attp4_41.pdf

5.10.6 Training Manual 4-41.11 (TM 4-41.11), Dining Facility Operations, dated 23 April 2012, http://dmna.ny.gov/foodservice/docs/references/tm4_41x11.pdf.

5.10.7 Training Manual 4-41.12 (TM 4-41.12), Food Program Operations, dated 23 April 2012, http://dmna.ny.gov/foodservice/docs/references/tm4_41x11.pdf.

5.10.8 Armed Forces Recipe Service Cards (TM 10-412) found at The Quarterma.10.6ster Website:

http://www.quartermaster.army.mil/jccoe/publications/food_links.html.

http://www.quartermaster.army.mil/jccoe/publications/recipes/cover.pdf

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 05-JUN-2017 TO

22-SEP-2017

N/A HQ 201ST REGIMENT (MF) RTI

SSG JOSE R PADILLA

BLDG 231 (DOME)

FT ALLEN

JUANA DIAZ PR 00795

787-510-7193

W905U4

0002 POP 05-JUN-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 05-JUN-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-18 Availability Of Funds APR 1984 52.232-35 Designation of Office for Government Receipt of Electronic

Funds Transfer Information

JUL 2013

52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

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

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

(4) 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.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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 (NOV 2011) (15 U.S.C.

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XXX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XXX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 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.)

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

____ (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 (June, 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 (Dec 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XXX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

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

____ (46) 52.223-21, Foams (June, 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 (May 2014) (41 U.S.C. chapter 83).

____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XXX (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 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).

_____ (6) 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).

_____ (7) 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).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (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).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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)

Section M - Evaluation Factors for Award

EVALUATION CRITERIA

LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) EVALUATION FACTORS FOR AWARD

a. BASIS FOR CONTRACT AWARD: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. This is a competitive LPTA best value source selection in which technical acceptability is considered the most important factor. By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offerors, with satisfactory past performance, shall be treated equally except for their prices. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale.

The Government intends to select ONE contractor for award of this effort.

For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

FACTOR 1 Technical Acceptability (Pass/Fail) FACTOR 2 Satisfactory Past Performance (Pass/Fail) FACTOR 3 Cost/Price

Factor 1 - Technical Acceptability:

Bidders must be qualified according to FAR 52.209-1, Qualification Requirements, and the attached Qualification Statement. Their offers shall demonstrate ability to meet or exceed minimum salient sought descriptions/features or services requirement that satisfy the solicitation parameters.Potential offerors are encouranged to submit any relevant capabilities statements for this purpose.

Factor 2 – Satisfactory Past Performance:

Have satisfactory past performance. Offerors shall not submit past performance information unless required as part of the response to Factor 3 – Price Evaluation. The government may seek relevant performance information on all responsive and otherwise Technically Acceptable Offerors through sources such as DCMA offices, CPARS or PPRS or other government data bases and other sources that are available. The government shall not be limited in its search for performance data. The offeror shall not submit performance data for this factor. When performance is evaluated, the outcome is either satisfactory or unsatisfactory. Unsatisfactory performance will disqualify an offeror from award.

Factor 3 - Price Evaluation.

The government shall conduct a price evaluation of all technically acceptable offers with satisfactory past performance including any option prices if applicable.

* Total Evaluated Price (smaller less complicated parts) Unit Price # of Units Total Price Bid A First Article Required FFP 0001AA

FFP 0001AB FFP 0001AC

Cumulative Total:

OR

Bid B First Article NOT Required FFP 0001AD Cumulative Total:

b. Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

c. Source Selection Decision:

The government shall select the source based upon a best value evaluation of the offeror’s technical acceptability, satisfactory past performance and price. The government shall choose the lowest realistically priced, responsive, with satisfactory performance, and technically acceptable offer for award.